AUFAIR WORK OMBUDSMANEmployment Templates

Official form guide

Form ageement to annual leave in advance: Ageement to annual leave in advance

The Agreement to take annual leave in advance is a template letter used when an employer and employee agree to let the employee take paid annual leave before it is accrued. It is used under awards or registered agreements that permit such advance leave.

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Form Overview

Fair Work Ombudsman Form ageement to annual leave in advance - Ageement to annual leave in advance

The Agreement to take annual leave in advance is a template letter used when an employer and employee agree to let the employee take paid annual leave before it is accrued. It is used under awards or registered agreements that permit such advance leave.

The letter records the employee’s name, employer’s name, amount of leave in days or hours, start date, and signatures of employee, employer (and parent/guardian if under 18).

Risk Radar

Scan points
  • 1Missing the employer’s signature is the most common error.
  • 2Using an outdated template version
  • 3Leaving the employer signature blank
  • 4Failing to record the exact start date
  • 5Not keeping a copy with employee records

Plain English

This is a simple written agreement that both you and your boss sign before you take holiday you haven’t earned yet. It records how many days you’ll take, when they start, and what happens if you quit before you earn them back.

Submission Date

  • Filing date: Complete the agreement before the leave starts and keep a copy on the employee’s record.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • When an award or registered agreement expressly permits annual leave to be taken before it is accrued.
  • Both employer and employee need a written record that the leave is an advance.
  • The agreement must state the amount of leave and the exact start date.
  • A copy must be kept with the employee’s personnel file.
  • If the employee is under 18, a parent/guardian must also sign.

Form selector

Use this form or another form?

Standard annual leave request

No advance; leave is taken after accrual

✓ Confirm the employee has sufficient accrued leave

Employer’s usual leave request form

Leave without pay

No paid entitlement involved

✓ Verify unpaid leave policy applies

Unpaid leave request form

Termination payout

Need to calculate any deduction for unaccrued advance leave

✓ Check if advance leave was taken and not yet accrued

Final pay statement / termination form

Under‑18 employee

Minor requires additional signature

✓ Ensure parent/guardian details are included

Same template with parent/guardian line added

Deadline or filing window

The agreement must be signed before the leave begins; there is no formal filing deadline.

Before you submit

  1. 1Printed on business letterhead.
  2. 2Date of the agreement entered.
  3. 3Employee’s full name and residential address filled in.
  4. 4Exact amount of leave (hours/days) specified.
  5. 5Leave start date clearly written.
  6. 6Both employee and employer signatures obtained.
  7. 7Employer representative name and signature added.
  8. 8Parent/guardian signature included if employee is under 18.
  9. 9Copy retained in the employee’s records.
  10. 10Award or registered agreement checked to allow advance leave.

How to file this form

  1. 1Download the latest colour‑coded template.
  2. 2Fill in all red placeholders and delete purple guidance text.
  3. 3Have the employee and employer sign and date the document.
  4. 4If required, obtain parent/guardian signature.
  5. 5Give a copy to the employee and keep one in the personnel file.
  6. 6Store the agreement with other employee records.

Known limitations

  1. 1Only usable when the relevant award or agreement permits advance leave.
  2. 2Not a formal filing with the Fair Work Ombudsman; it is a private agreement.
  3. 3Employer may deduct any unaccrued portion from the employee’s final pay.
  4. 4The template does not replace legal advice; seek a union or professional if unsure.
  5. 5Must keep a copy; the form itself is not submitted to a government portal.

Field map

Compact field-by-field guide

7 fields

Applicant

1 items

Applicant Name and Contact

Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.

Requiredtext

Respondent

1 items

Respondent / Employer Details

The exact legal name and ABN of the employer or other party the application is made against.

Requiredtext

The Matter

2 items

Type of Application

Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.

Requiredselect
Details of the Dispute

A clear description of what happened, relevant dates, and the outcome you are seeking.

Requiredtext

Dates

1 items

Key Dates

Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.

Requireddate

Supporting

1 items

Attachments

Any documents that support your application, such as letters, contracts, or notices.

text

Declaration

1 items

Signature and Date

Sign and date the form. Applications may also require a fee or an application for a fee waiver.

Requiredsignature
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Current form status
FAIR_WORK_OMBUDSMAN

The template was last updated in May 2022. Use the version downloaded from fairwork.gov.au/templates to ensure it is current.

What changed or needs a fresh check

  • Download the latest template from fairwork.gov.au/templates.
  • Replace all red < > placeholders with the employee’s details.
  • Delete the purple explanatory text before signing.
  • Enter the correct amount (hours or days) and start date.
  • Add parent/guardian signature if the employee is under 18.
  • Confirm the award or agreement allows advance leave.

Quick Facts

Both the employee and the employer (or an authorised employer representative) must complete and sign the agreement.
The letter records the employee’s name, employer’s name, amount of leave in days or hours, start date, and signatures of employee, employer (and parent/guardian if under 18).
Complete the agreement before the leave starts and keep a copy on the employee’s record.
Not filed with a government portal; keep a signed copy with the employee’s records. Download the latest template from fairwork.gov.au/templates.
A signed agreement protects both parties and allows the employer to recover any unpaid advance if the employee leaves before accruing the leave.
1. Download the current template from fairwork.gov.au/templates. 2. Print on business letterhead and replace the red placeholders with the employee’s details, leave amount and start date. 3. Delete the purple explanatory text. 4. Both the employee and an authorised employer representative sign and date the letter. 5. Keep the signed copy in the employee’s file.

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Sources

  • SRCLast updated May 2022 (source line).
  • SRCTemplate must be signed by both employee and employer (source).
  • SRCAgreement must state amount of leave and start day (source).
  • SRCEmployer must keep a copy with employee records (source).
  • SRCDeduction from final pay if leave not accrued at termination (source).
  • SRCColour‑coded template with red placeholders and purple explanatory text (source).
  • SRCDownload latest version from fairwork.gov.au/templates (source).
  • SRCAward or registered agreement must permit advance leave (source).
  • SRCInfoline phone number 13 13 94 provided for help (source).

Common confusion points

Leaving the purple explanatory text in the final letter.

Forgetting to state the exact start date of the advance leave.

Missing one of the required signatures (employee, employer, or parent/guardian).

Using the template when the award does not allow advance leave.

Not keeping a copy in the employee’s records.

Incorrectly calculating the amount of leave (hours vs days).

Assuming the form needs to be lodged with a government agency.

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Source transparency

Copyright & Licensing — Australian Government Forms

Independent guide

BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.

Crown Copyright (AU)© Commonwealth of Australia. Material may be downloaded, displayed, printed and reproduced in unaltered form for personal non-commercial use or internal organisational use. Not under an open licence.
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Crown Copyright (AU)© Commonwealth of Australia. Material may be downloaded, displayed, printed and reproduced in unaltered form for personal non-commercial use or internal organisational use. Not under an open licence.
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