The Contract of Employment Driver is essential for Australian businesses employing professional drivers across various industries. This document establishes the formal employment relationship while ensuring compliance with the Fair Work Act 2009, Heavy Vehicle National Law, and other relevant Australian regulations. It's specifically designed to address the unique aspects of driver employment, including vehicle operation, safety requirements, working hours, rest breaks, and maintenance responsibilities. The contract should be used when hiring any professional driver, whether for local deliveries, long-haul transport, or specialized vehicle operation. It includes provisions for vehicle handling, safety protocols, licensing requirements, and industry-specific compliance obligations, making it suitable for both small businesses and large transport companies operating in Australia.
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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: Specifies the role, responsibilities, and reporting relationships
5. Term of Employment: States whether the employment is permanent, fixed-term, or casual, and start date
6. Probationary Period: Defines the initial probation period and conditions
7. Hours of Work: Specifies standard working hours, overtime arrangements, and rest breaks as per HVNL requirements
8. Remuneration: Details base salary, overtime rates, allowances, and payment arrangements
9. Superannuation: Outlines superannuation contributions and fund arrangements
10. Leave Entitlements: Covers annual, personal, long service, and other leave types
11. Vehicle and Equipment: Details about company vehicle usage, maintenance responsibilities, and required equipment
12. Safety and Compliance: Outlines safety obligations, licensing requirements, and compliance with transport regulations
13. Confidentiality: Defines confidential information and obligations to protect it
14. Termination: Specifies notice periods and grounds for termination
15. General Provisions: Includes governing law, entire agreement, and variation clauses
1. Performance Reviews: Details the frequency and process of performance evaluations - include for permanent roles
2. Bonus and Incentive Schemes: Outlines any performance-based rewards - include if applicable to the role
3. Interstate Travel: Specific provisions for drivers required to cross state lines - include for long-haul positions
4. Drug and Alcohol Policy: Detailed substance testing procedures - include for companies with specific policies
5. GPS and Electronic Monitoring: Provisions regarding vehicle tracking and electronic log books - include if using such systems
6. Non-Compete Clause: Restrictions on working for competitors - include for senior or specialized roles
7. Training Requirements: Specific training obligations and certifications - include if ongoing training is required
1. Schedule 1 - Position Description: Detailed outline of role responsibilities and requirements
2. Schedule 2 - Remuneration Package: Comprehensive breakdown of salary package including allowances
3. Schedule 3 - Vehicle Specifications: Details of assigned vehicle and maintenance requirements
4. Schedule 4 - Company Policies: Key workplace policies including safety procedures
5. Appendix A - Driver Qualification Requirements: List of required licenses, certifications, and qualifications
6. Appendix B - Route Information: Details of regular routes and delivery schedules if applicable
Relevant legal definitions
Clauses
Relevant Industries
Transport and Logistics
Retail Distribution
Manufacturing
Construction
Mining
Agriculture
Waste Management
Food and Beverage Distribution
Courier Services
Moving and Relocation Services
Wholesale Distribution
Relevant Teams
Operations
Logistics
Fleet Management
Distribution
Transport
Supply Chain
Delivery
Warehouse
Dispatch
Field Operations
Relevant Roles
Truck Driver
Delivery Driver
Heavy Vehicle Operator
Transport Driver
Courier Driver
Bus Driver
Fleet Driver
Long-haul Driver
Local Delivery Driver
Mobile Plant Operator
Transportation Specialist
Route Driver
Commercial Vehicle Operator
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