This section of the handbook has not yet been updated to reflect the changes brought about by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) from the 26 August 2024. More information is available on the Fair Work Ombudsman website.
Some terms are implied depending on the circumstances of the job. Some exist because they are so obvious that they go without saying, while others may be said to exist because, although they were not expressly raised at the time the contract was made, it is certain that they would have been agreed on if they had been raised. In some trades there are terms that are implied as a matter of custom, but these must be well known and accepted before they will be recognised by the courts. An example of an implied term is where an employer will pay an employee for time spent in washing or cleaning up if the work is dirty.