The Contract For Employee Template has been developed to provide Australian businesses with a standardized starting point for creating employment agreements that comply with Australian employment law. This template is designed to be customized for different employment situations while ensuring compliance with the Fair Work Act 2009 and other relevant legislation. It incorporates mandatory employment terms and conditions, workplace rights and obligations, and standard protective clauses for both employers and employees. The template is regularly reviewed to reflect updates in employment legislation and best practices in Australian employment law. It serves as a fundamental tool for establishing clear, legally-compliant employment relationships across various industries and position levels.
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1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Brief context about the employment relationship and purpose of the agreement
3. Definitions: Defines key terms used throughout the contract
4. Position and Duties: Details of the role, position title, and key responsibilities
5. Commencement and Term: Start date and nature of employment (permanent, fixed-term, casual)
6. Probation Period: Length and terms of the probationary period
7. Location and Hours of Work: Primary work location and standard working hours
8. Remuneration: Salary/wages, payment frequency, and method of payment
9. Superannuation: Superannuation contribution arrangements
10. Leave Entitlements: All forms of leave including annual, personal, long service, and parental leave
11. Confidential Information: Obligations regarding company confidential information
12. Intellectual Property: Ownership and rights regarding IP created during employment
13. Termination: Conditions and process for ending employment
14. Post-Employment Obligations: Continuing obligations after employment ends
15. General Provisions: Standard contract clauses including governing law and entire agreement
1. Commission/Bonus Structure: Include when role includes performance-based incentives
2. Company Vehicle: Include when a company vehicle is provided
3. Mobile Phone and Technology: Include when specific technology or devices are provided
4. Flexible Working Arrangements: Include when offering remote work or flexible hours
5. Share Options: Include when offering employee share schemes
6. International Travel: Include when role requires international travel
7. Professional Development: Include when offering specific training or development programs
8. Garden Leave: Include for senior positions where garden leave might be required
9. KPIs and Performance Measures: Include when specific performance metrics apply
1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and reporting lines
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package and benefits
3. Schedule 3 - Company Policies: List of applicable company policies the employee must comply with
4. Schedule 4 - Workplace Health and Safety: Specific WHS obligations and procedures
5. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and requirements
6. Appendix B - IT Usage Policy: Rules and guidelines for using company IT systems
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