The Month To Month Contract Of Employment is designed for situations where employers and employees require flexibility in their working arrangement while maintaining clear terms and conditions under Australian law. This document is particularly useful for businesses dealing with fluctuating workloads, project-based work, or when testing new positions or business expansion. It complies with the Fair Work Act 2009 and related Australian employment legislation, incorporating all mandatory provisions including National Employment Standards, while offering the flexibility to terminate with appropriate notice. The contract includes essential elements such as role responsibilities, remuneration, working hours, leave entitlements, and termination provisions, making it suitable for various industries and position types across Australia.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement defined for clarity
4. Term of Employment: Details of the month-to-month arrangement, including start date and rolling term
5. Position and Duties: Employee's role, title, responsibilities, and reporting relationships
6. Place of Work: Primary work location and any flexibility arrangements
7. Hours of Work: Standard working hours, breaks, and overtime provisions
8. Remuneration: Base salary, payment frequency, and method of payment
9. Superannuation: Superannuation contributions and fund arrangements
10. Leave Entitlements: All statutory leave entitlements including annual, personal, and other leave types
11. Termination: Notice periods and grounds for termination
12. Confidentiality: Obligations regarding confidential information
13. Governing Law: Specification of Australian law and relevant jurisdiction
14. Execution: Signing provisions and declaration of agreement
1. Probation Period: Optional trial period terms - include if probation is desired
2. Performance Reviews: Include if regular performance evaluations are part of the employment arrangement
3. Bonus Structure: Include if any performance-based or discretionary bonuses are offered
4. Company Policies: Reference to specific company policies - include if employer has formal policy documents
5. Intellectual Property: Include if role involves creation of IP or handling of company IP
6. Post-Employment Restrictions: Non-compete and non-solicitation clauses - include for senior or sensitive roles
7. Equipment and Resources: Include if company provides specific tools or equipment
8. Remote Work Provisions: Include if remote work is permitted or required
9. Commission Structure: Include for sales or commission-based roles
10. Training Requirements: Include if specific training or qualifications are required
1. Schedule 1 - Position Description: Detailed outline of role responsibilities and requirements
2. Schedule 2 - Remuneration Details: Breakdown of salary package including any allowances or benefits
3. Schedule 3 - Company Policies: List of applicable company policies and procedures
4. Appendix A - Fair Work Information Statement: Mandatory information statement as required by Fair Work Act
5. Appendix B - Casual Employment Information Statement: Required for casual employees under Fair Work Act
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