Q&A

Question: Can I include a maximum retirement age in an employment contract?

The Age Discrimination Act 2004 (Cth) removed the mandatory retirement age under Australian law so no, a maximum retirement age cannot be included in an employment contract according to this legislation. It also provides a number of protections in relation to age discrimination in the workplace. There are some roles that do have mandatory retirement ages, including some governmental and judicial roles and military personnel. When drafting your employment contract for your employees and throughout their term of employment you should be mindful of the Age Discrimination Age 2004 (Cth) and other equal opportunity legislation which you are required to comply with.