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Subcontractor Agreement

$199.00 inc. GST

  • User-friendly Word template
  • Peace of mind that your business is secure
  • Protect your business in minutes, not months
  • Written in plain English by Australian lawyers
  • Instant download with expert customer support
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Review avatar
Comprehensive Template and Easy to Purchase. I like how the templates come in Word Doc format that includes instructions to adjust or remove sections if they aren’t relevant to your situation. It has been a stress free option...
Robert C.
5/5

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Fast and simple legal protection. You'll wonder why you didn't do it sooner.

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Peace of mind

You’ve got a contract you can trust. Grow your business with confidence.

Win clients with wow worthy contracts

Make an un-ignorable first impression. Stand out in the crowd. Win business with legal documents that show you mean business. We’ve got the legals covered. Add your branding pzazz and wow your clients. Grow your business – securely.

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Protection for Australian businesses

You’ve Googled the free templates, right? They’re usually “one size fits all”. Our templates are specific to Australian business. And if the law changes, you’ll get a free update. Our templates don’t suck. They give you peace of mind.

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We make legal documents for real people

You’re running a business, not a law firm. You want the peace of mind of knowing your business is protected, without spending months, or your life savings doing it. Our lawyers know their stuff. We make affordable, rock-solid legal documents and don’t cut corners.

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A Subcontractor Agreement You Can Count On

It’s 4:19 pm, and you’ve just found the perfect subcontractor. You want them to start working with you tomorrow. But you’re stuck. You want everything clear and legal – and you don’t have a contract.

Grab our Subcontractor Agreement template. In less than fifteen minutes, you’ll have the contract in your hands. It’s written by lawyers, so there’s no stressing about the legalities. Simply fill in your details, present it to your colleague, and do the deal today!

What is a Subcontractor Agreement?

A Subcontractor Agreement is a legal agreement between a business (contractor) and a service provider (sub-contractor) to provide services.

This contract is often used when a business needs extra capacity or doesn’t have the necessary resources or skills to complete work for a client.

The subcontractor may provide a one-off service to the business, or they can be engaged to provide ongoing services for a predetermined length of time.

Who can use this Subcontractor Agreement template?

  • Business engaging a subcontractor for specific services or a project
  • Subcontractor
  • Suitable for any industry
  • All Australian states and territories

What does this Subcontractor Agreement template include?

Our comprehensive Subcontractor Agreement template covers:

  • Schedule – key service details (start date, scope of works, fees, deposit, etc.)
  • Engagement, Contractual Relationship and Term – makes it clear that the subcontractor is not an employee, how long they will be engaged
  • Standard of Services – the requirement to complete the work to a certain standard
  • Materials and Labour – subcontractors provide their own materials and labour
  • Occupational Health & Safety – compliance with OHS regulations
  • Insurance – insurance required (e.g. public liability)
  • Payment – clear payment terms
  • Tax Obligations – the requirement for ABN, tax invoices, and GST (if applicable)
  • Warranties and Indemnity – an important legal clause
  • Confidentiality – to protect confidential information
  • Intellectual Property – who retains ownership of intellectual property created
  • Limitation of Liability – an important legal clause
  • Non Disparagement– to protect your reputation
  • Termination – how either party can end the contract
  • Restraint – restraint clause is included to protect the head contractor’s interests
  • Dispute Resolution – the process to manage a dispute
  • General – standard contract clauses such as Assignment, Severance, Entire Agreement, Waiver and Governing Law

Other names for a Subcontractor Agreement

  • Subcontractor Contract
  • Independent Contractor Agreement
  • Services Agreement

Do I need a contract?

Yep. No doubt about it. What will you do if something goes wrong?

A contract protects both you and your contractors.

It’s not about big legal words and getting the upper hand on your subcontractor. It’s relationship insurance. A legally binding contract does the boring legal leg work, manages expectations, and provides certainty. That way, you can focus on what you want to achieve in your business.

Make sure your contract does the hard work for you.

Differences between an employee and a contractor

There’s a lot at play which is why it’s important to have an agreement in place.

Contractors generally:

  • work for themselves and are their own boss
  • are free to accept or refuse work
  • control their own working times
  • provide their own tools and equipment
  • have no guarantee of future work

Employees generally:

  • work in someone else’s business
  • are subject to controls on how, where and when they do their work
  • are paid a wage
  • receive employee entitlements, such as sick and annual leave
  • have the expectation of ongoing work

Want more information on employees vs contractors?

For more information visit the Fair Work Ombudsman. If you’re an employer, head to the ATO’s website to learn more about the tax and super obligations for employees and contractors and the differences between employees and contractors.

What is sham contracting?

Working on a nod and a handshake can end in disaster. Our Subcontractor Agreement protects you from this headache.

Some dodgy employers create sham contracting arrangements. They’re trying to disguise an employment relationship as a contracting arrangement. This is usually done to avoid paying employee entitlements. Even if you make an innocent mistake, you can still be fined.

If you’re convicted of sham contracting, you could be hit with a fine of up to $12,600 as well as a back-payment of wages and entitlements.

Our Subcontractor Agreement template makes it clear you and your subcontractor are not employer and employee. You can confidently engage a subcontractor and move forward with peace of mind.

Fixed fee or an hourly/daily rate?

It’s up to you to negotiate fees with your subcontractor. You can negotiate a fixed price for a specific project. Other projects may be a day rate or hourly rate. This is part of your commercial negotiation.

Some factors that can influence the fees include the length of the project, the skills required to do the job, and the scope or size of the project.

Who is responsible for the work performed?

You need to ensure that you have the right to subcontract the work before you get started. This should be clearly outlined under your existing agreement with clients. If you are allowed to subcontract the job, you will generally be held responsible for any:

  • defects in the subcontractors’ performance
  • other violations of your contractor agreement.

You have engaged them to act on your behalf, so you will be held accountable for their actions.

How do I stop a subcontractor from taking my clients or competing with my business?

We have included a restraint clause in our Subcontractor Agreement template to prevent the subcontractor from poaching clients or employees or competing directly with your business.

Termination

Our Subcontractor Agreement template allows for the business to terminate for non-performance or if the subcontractor fails to meet the key responsibilities listed in the agreement.

It’s important to have a clear termination clause in your contract so that you aren’t stuck paying for a service that isn’t being delivered!

Why Customers Love our Subcontractor Agreement

Read reviews from other happy business owners...

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Filter Reviews:
DM
04 February 2024
David M.
AU AU
I recommend this product

Subcontractor Agreement

I found this Agreement very useful and suited my purpose. Well documented! My response above is 'excellent'.

VB
26 June 2023
Vickie B.
AU AU
I recommend this product

Fantastic Service - Just what I needed!

The Subcontractor Agreement was comprehensive and easy to use and the team at Easy Legal Templates are always fantastic to work with if I have any questions. Highly recommend!

JW
06 February 2023
Jodie W.
AU AU
I recommend this product

Simple, easy and clear

The Subcontractor Agreement online was easy to understand and purchase. It took minutes to update for our business needs and highly recommended.

Take the stress out of legal documents

Get peace of mind with our Subcontractor Agreement today!

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Frequently Asked Questions

Got Questions? We've Got the Answers!

All of our templates come in Word format (docx).

We recommend using Microsoft Word on a desktop to fill in the templates.

Our templates are Word documents so they’re editable.

We don’t recommend editing the template outside the highlighted areas. An experienced lawyer wrote your template. If you delete or modify clauses it could affect your protection.

We know you’re a smart cookie, but we highly recommend avoiding the temptation to fiddle.

Yes, you get lifetime access to your template.

You’ve got a contract ready to go whenever you need it in your business.

Definitely!

Change your font, add your logo and even some colour. Present your document in your brand style and delight your clients. You’ll still be legit. You’ll just look amazing-er.

All of our templates come with instructions on the first page.

We also include comments throughout the document to help guide you as you fill out each section.

Yes. All our templates are written by qualified Australian lawyers who hold an Australian legal practicing certificate.

Our co-founder Courtney Bowie is a partner in Sydney law firm, Her Lawyer.

Yes. You can use the templates in all Australian states and territories.

If a law changes, we’ll update your template and send it to you – for free.

No hidden catches here. When you buy a template or bundle you own them for life. The download links never expire.

No recurring fees. No accounts. Just buy what you need. Simple, right?

If you have a question, contact us. We’re always happy to help.

Email: info@easylegaltemplates.com.au

Phone: 1300 490 145

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