This At Will Employment Agreement template has been specifically adapted for use in Australia, where pure "at-will" employment is not recognized under law. The document serves as a comprehensive employment contract that complies with the Fair Work Act 2009 and other relevant Australian employment legislation. It is suitable for establishing employment relationships across various industries and position levels, incorporating mandatory provisions for notice periods, minimum entitlements, and statutory benefits. The agreement should be used when hiring new employees or formalizing existing employment relationships, ensuring all terms align with Australian National Employment Standards and relevant modern awards. It includes provisions for probationary periods, performance expectations, confidentiality requirements, and termination procedures that reflect Australian legal requirements.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, responsibilities, and reporting relationships
5. Commencement and Term: Start date and nature of employment (permanent, casual, etc.)
6. Probation Period: Length and terms of the probationary period
7. Hours of Work: Standard working hours, flexibility arrangements, and overtime provisions
8. Remuneration: Base salary, superannuation, payment frequency, and review process
9. Leave Entitlements: Annual leave, personal/carer's leave, long service leave, and other statutory leave provisions
10. Company Policies: Reference to and incorporation of workplace policies and procedures
11. Confidentiality: Protection of confidential information and trade secrets
12. Intellectual Property: Ownership and assignment of IP created during employment
13. Termination: Notice periods, grounds for termination, and final payment provisions
14. Post-Employment Obligations: Return of company property and ongoing obligations
15. General Provisions: Governing law, entire agreement, and variation clauses
1. Commission Structure: Include when role involves sales or performance-based incentives
2. Bonus Arrangements: Include when offering performance bonuses or incentive schemes
3. Restraint of Trade: Include for senior roles or when employee has access to sensitive information
4. Remote Work Arrangements: Include when allowing work from home or flexible location arrangements
5. Travel Requirements: Include when role requires regular travel
6. Vehicle Allowance: Include when providing company vehicle or vehicle allowance
7. Technology and Equipment: Include when providing specific equipment or technology arrangements
8. KPIs and Performance Metrics: Include when role has specific performance targets
9. Share Options or Equity: Include when offering employee share schemes or equity participation
1. Schedule 1 - Position Description: Detailed outline of role responsibilities and requirements
2. Schedule 2 - Remuneration Details: Breakdown of salary package including allowances and benefits
3. Schedule 3 - Company Policies: List of applicable workplace policies
4. Schedule 4 - Restraint Provisions: Detailed non-compete and non-solicitation terms if applicable
5. Appendix A - Statutory Statement: Fair Work Information Statement and other required notices
6. Appendix B - Performance Criteria: Detailed KPIs and performance expectations if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Professional Services
Healthcare
Manufacturing
Retail
Education
Construction
Mining
Hospitality
Telecommunications
Media and Entertainment
Agriculture
Transportation and Logistics
Energy and Utilities
Relevant Teams
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Customer Service
Research and Development
Administration
Product Development
Business Development
Quality Assurance
Risk Management
Corporate Communications
Relevant Roles
Chief Executive Officer
Chief Financial Officer
General Manager
Department Manager
Project Manager
Software Developer
Sales Representative
Administrative Assistant
Marketing Coordinator
Human Resources Manager
Operations Manager
Customer Service Representative
Business Analyst
Account Manager
Technical Support Specialist
Research Analyst
Product Manager
Financial Analyst
Executive Assistant
Data Scientist
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