This Employment Services Contract template is designed for use in establishing formal employment relationships within the Australian jurisdiction. It serves as a comprehensive agreement that can be customized for various employment arrangements, from entry-level to executive positions. The document incorporates key requirements from Australian employment law, including provisions from the Fair Work Act 2009, relevant modern awards, and state-specific legislation. It is structured to protect both employer and employee interests while ensuring compliance with mandatory employment standards, workplace health and safety regulations, and privacy laws. The contract should be used when hiring new employees or formalizing existing employment relationships, and can be adapted for full-time, part-time, or fixed-term employment arrangements.
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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: Definitions of key terms used throughout the agreement
4. Employment Basis: Nature of employment (full-time, part-time, casual) and commencement date
5. Duties and Responsibilities: Description of the role, responsibilities, and reporting relationships
6. Location and Hours of Work: Regular workplace location and standard working hours
7. Remuneration: Salary/wages, payment frequency, and method of payment
8. Superannuation: Superannuation arrangements and contribution details
9. Leave Entitlements: Annual, personal, long service and other leave entitlements
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Intellectual Property: Ownership and rights regarding IP created during employment
12. Performance and Reviews: Performance expectations and review processes
13. Termination: Grounds for termination and notice periods
14. Post-Employment Obligations: Ongoing obligations after employment ends
15. General Provisions: Standard contractual terms including governing law and variation
1. Probationary Period: Terms of initial probation period - used for new employees
2. Commission Structure: Details of commission calculations - used for sales roles
3. Bonus Arrangements: Performance bonus terms - used when bonus schemes apply
4. Vehicle Allowance: Terms for vehicle use/allowance - used when role requires regular travel
5. Remote Working: Conditions for working from home/remote locations - used for flexible arrangements
6. Restraint of Trade: Non-compete and non-solicitation provisions - used for senior roles or client-facing positions
7. Share Options: Employee share scheme details - used for executive or long-term incentive arrangements
8. International Travel: Terms for international work - used when role involves overseas travel
9. Training Requirements: Mandatory training and development - used for regulated industries or specialized roles
10. Flexibility Arrangements: Terms for flexible working arrangements - used when non-standard arrangements apply
1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and key performance indicators
2. Schedule 2 - Remuneration Details: Breakdown of salary package, allowances, and benefits
3. Schedule 3 - Company Policies: List of applicable workplace policies and procedures
4. Schedule 4 - Restraint Provisions: Detailed restraint of trade terms including geographical and temporal limits
5. Schedule 5 - Equipment and Resources: List of company equipment provided and terms of use
6. Appendix A - Award Coverage: Details of applicable modern award or enterprise agreement
7. Appendix B - Workplace Health and Safety: Specific WHS obligations and procedures
8. Appendix C - Privacy and Data Protection: Detailed privacy obligations and data handling requirements
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