The Guaranteed Employment Contract is designed for use in situations where an organization wishes to provide enhanced employment security to key personnel or strategic hires within the Australian jurisdiction. This document type is particularly relevant when recruiting senior executives, specialized professionals, or during corporate restructuring where retention of critical staff is essential. The contract provides comprehensive coverage of employment terms while incorporating specific provisions that limit the employer's ability to terminate the employment relationship except under defined circumstances. It must comply with Australian employment law, including the Fair Work Act 2009 and National Employment Standards, while offering additional protections and benefits beyond statutory minimums. The document typically includes detailed sections on performance expectations, remuneration packages, and specific guarantees regarding the duration and security of employment.
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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 guaranteed employment contract
3. Definitions: Definitions of key terms used throughout the contract
4. Term of Employment: Duration of the guaranteed employment period, including start date and any minimum commitment period
5. Position and Duties: Job title, role description, key responsibilities, and reporting relationships
6. Location of Work: Primary work location and any flexibility arrangements
7. Hours of Work: Standard working hours, overtime arrangements, and flexibility provisions
8. Remuneration: Base salary, superannuation, payment frequency, and review mechanisms
9. Leave Entitlements: All leave types including annual, personal/carer's, long service, and parental leave
10. Performance and Reviews: Performance expectations, review process, and KPIs
11. Confidentiality: Obligations regarding confidential information and intellectual property
12. Termination: Grounds for termination, notice periods, and process
13. Post-Employment Obligations: Restraints of trade and ongoing obligations
14. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and variation
1. Probation Period: Include if the role has an initial probation period despite being a guaranteed contract
2. Bonus and Incentives: Include if the role includes performance bonuses or other incentive schemes
3. Company Policies: Include if specific company policies need to be explicitly referenced and incorporated
4. International Travel: Include if the role requires international travel or overseas assignments
5. Equipment and Resources: Include if specific equipment or resources are provided as part of the role
6. Flexible Working Arrangements: Include if specific flexible working arrangements are agreed
7. Training and Development: Include if specific training or development commitments are part of the agreement
8. Guarantor Provisions: Include if a parent company or other entity is guaranteeing the employment
1. Schedule 1 - Position Description: Detailed position description including all responsibilities and requirements
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package, benefits, and incentives
3. Schedule 3 - Performance Criteria: Specific KPIs and performance measurement criteria
4. Schedule 4 - Company Policies: List of applicable company policies referenced in the contract
5. Schedule 5 - Restraint of Trade: Detailed restraint provisions including geographical and temporal limits
6. Appendix A - Statutory Entitlements: Summary of relevant statutory entitlements under Australian law
7. Appendix B - Reporting Structure: Organizational chart showing reporting relationships
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