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Joint Employment Contract Template for Australia

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Key Requirements PROMPT example:

Joint Employment Contract

"I need a Joint Employment Contract for a senior software architect who will be working 60% for our tech consulting firm and 40% for our client's innovation lab starting March 2025, with specific provisions for intellectual property sharing and confidentiality arrangements."

Document background
Joint Employment Contracts are utilized when an employee needs to be formally engaged by multiple employers simultaneously, often seen in scenarios such as group companies, joint ventures, or shared service arrangements. This contract type is specifically designed to address the unique challenges and requirements of such arrangements under Australian employment law. The document carefully delineates the rights, responsibilities, and obligations of all parties involved, including the sharing of costs, allocation of work time, and management of employee benefits. It ensures compliance with relevant Australian legislation while providing clarity on practical aspects such as reporting lines, work locations, and dispute resolution procedures. The Joint Employment Contract is particularly valuable when organizations need to share specialized talent or when operational requirements necessitate formal employment relationships with multiple entities.
Suggested Sections

1. Parties: Identification of all parties: the employee and all joint employers

2. Background: Context of the joint employment arrangement and the business relationship between the employers

3. Definitions: Key terms used throughout the agreement, including specific definitions related to joint employment

4. Nature of Employment: Details of employment type (full-time/part-time), classification, and relationship with each employer

5. Duties and Responsibilities: Employee's role, reporting lines to each employer, and allocation of time/duties between employers

6. Place of Work: Primary work location(s) and any arrangements for working across multiple sites

7. Hours of Work: Standard hours, allocation between employers, and flexibility arrangements

8. Remuneration: Salary/wages, payment arrangements, and proportion of costs between employers

9. Leave Entitlements: Annual, personal, long service and other leave entitlements, including how they accrue and are managed between employers

10. Superannuation: Superannuation arrangements and contributions from each employer

11. Workplace Health and Safety: WHS obligations and responsibilities of each party

12. Confidentiality: Obligations regarding confidential information of all employers

13. Intellectual Property: Ownership and rights to IP created during employment

14. Termination: Conditions and process for termination by any party

15. Post-Employment Obligations: Restraints and ongoing obligations after employment ends

16. Dispute Resolution: Process for resolving disputes between any parties

17. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and variation

Optional Sections

1. Commission/Bonus Structure: Include when the role involves performance-based incentives, detailing how these are calculated and allocated between employers

2. International Travel: Include when the role requires international travel, specifying arrangements and responsibilities of each employer

3. Equipment and Resources: Include when specific provisions are needed about tools, technology, or resources provided by different employers

4. Training and Development: Include when specific training requirements exist, including allocation of costs between employers

5. Secondment Provisions: Include when the arrangement involves potential secondment between employer organizations

6. Share Schemes/Employee Benefits: Include when employee is eligible for share schemes or specific benefits from any employer

7. Flexible Working Arrangements: Include when specific flexible working arrangements are part of the employment relationship

8. Garden Leave: Include for senior roles where garden leave might be required during notice periods

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and performance expectations for each employer

2. Schedule 2 - Remuneration Structure: Detailed breakdown of salary, benefits, and cost sharing between employers

3. Schedule 3 - Employer-Specific Policies: List of applicable workplace policies from each employer

4. Schedule 4 - Time Allocation: Detailed breakdown of time allocation between employers if applicable

5. Schedule 5 - Restrictive Covenants: Detailed post-employment restrictions and non-compete obligations

6. Appendix A - Workplace Locations: Details of all workplace locations and facilities

7. Appendix B - Reporting Structure: Organizational chart showing reporting lines to each employer

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Professional Services

Consulting

Information Technology

Healthcare

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Research and Development

Manufacturing

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Human Resources

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Finance

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Research and Development

Information Technology

Sales and Marketing

Corporate Affairs

Risk and Compliance

Project Management Office

Business Development

Clinical Operations

Engineering

Academic Affairs

Relevant Roles

Project Manager

Technical Specialist

Research Scientist

Executive Officer

Business Analyst

Professional Consultant

Department Head

Senior Engineer

Clinical Specialist

Operations Manager

Finance Director

HR Manager

Legal Counsel

Sales Executive

IT Architect

Chief Technology Officer

Academic Professor

Industry Expert

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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