The Marketing Manager Contract is a comprehensive employment agreement designed for use in Australian jurisdictions, providing a legally robust framework for engaging marketing professionals in senior positions. This document should be used when hiring or promoting individuals into Marketing Manager roles, ensuring compliance with Australian employment legislation including the Fair Work Act 2009, relevant privacy laws, and industry regulations. The contract includes detailed sections on responsibilities, remuneration, performance metrics, intellectual property rights, and post-employment obligations, while maintaining flexibility to accommodate various industry contexts and company sizes. It's structured to protect both employer and employee interests while promoting clear communication of expectations and terms of employment.
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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 agreement
4. Position and Duties: Specifies the role title, reporting lines, and key responsibilities
5. Term of Employment: States whether the employment is permanent, fixed-term, or casual, and commencement date
6. Probation Period: Details of the initial probationary period and conditions
7. Location and Hours: Workplace location and standard working hours
8. Remuneration: Base salary, superannuation, and review provisions
9. Leave Entitlements: Annual, personal, long service and other leave entitlements
10. Performance and Reviews: Performance expectations and review process
11. Confidentiality: Obligations regarding confidential information
12. Intellectual Property: Ownership and rights to work created during employment
13. Post-Employment Restrictions: Non-compete and non-solicitation provisions
14. Termination: Grounds for termination and notice periods
15. General Provisions: Governing law, entire agreement, and variation clauses
1. Commission Structure: Include when the role involves performance-based incentives or bonuses
2. Travel Requirements: Include when the role requires regular travel and associated policies
3. Remote Work Provisions: Include when allowing for remote or hybrid working arrangements
4. International Duties: Include when the role involves international marketing responsibilities
5. Team Management: Include when the role involves managing direct reports
6. Budget Authority: Include when the role has specific budget responsibilities
7. Social Media Policy: Include when the role involves managing company social media
8. Technology Allowance: Include when providing allowances for personal devices or home office setup
9. Car Allowance: Include when providing a company car or car allowance
10. KPI Requirements: Include when specific performance metrics are tied to compensation
1. Schedule 1 - Position Description: Detailed outline of role responsibilities and requirements
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary package including benefits
3. Schedule 3 - Company Policies: List of applicable company policies and procedures
4. Schedule 4 - Marketing Budget Authority: Specific delegations and approval limits
5. Schedule 5 - Bonus Structure: Details of any performance-based incentives or bonuses
6. Appendix A - Confidential Information: Specific details of what constitutes confidential information
7. Appendix B - Marketing Tools and Resources: List of company-provided marketing tools and resources
8. Appendix C - Reporting Structure: Organizational chart and reporting relationships
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