The Ongoing Employment Contract is a vital legal document used to establish permanent employment relationships in Australia. It is specifically designed to comply with Australian employment law, particularly the Fair Work Act 2009 and relevant state legislation. This contract type is essential when hiring permanent full-time or part-time employees, providing a clear framework for the employment relationship, including position details, remuneration, benefits, working conditions, and obligations of both parties. The document incorporates all necessary elements required by Australian law, including National Employment Standards, while allowing for customization based on specific industry requirements, role specifications, and company policies. It serves as the primary reference point for the employment relationship and should be regularly reviewed to ensure continued compliance with evolving employment regulations.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the employment arrangement and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Position and Duties: Job title, role description, reporting relationships, and key responsibilities
5. Commencement and Term: Start date and nature of ongoing employment
6. Probation Period: Length and terms of the probationary period
7. Location and Hours of Work: Primary work location and standard working hours
8. Remuneration: Base salary, superannuation, and payment arrangements
9. Leave Entitlements: All leave types including annual, personal/carer's, long service, and other statutory leave
10. Confidentiality: Obligations regarding confidential information
11. Intellectual Property: Ownership and rights regarding IP created during employment
12. Termination: Notice periods and grounds for termination
13. Post-Employment Obligations: Return of company property and ongoing obligations
14. General Provisions: Governing law, entire agreement, and variation clauses
1. Commission/Bonus Structure: Details of performance-based compensation, used for sales roles or positions with variable pay
2. Remote Work Arrangements: Specific provisions for remote or hybrid working arrangements
3. Non-Compete Clause: Restrictions on working for competitors, used for senior roles or specialized positions
4. Travel Requirements: Details of travel obligations and compensation, used for roles requiring regular travel
5. Share Options/Equity: Details of any share or equity arrangements, used for executive positions or startups
6. Tools and Equipment: Provisions regarding company-provided equipment and tools
7. Professional Development: Provisions for training and development opportunities
8. International Travel/Assignments: Terms for international work, used for multinational companies
1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and key performance indicators
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package and benefits
3. Schedule 3 - Company Policies: List of applicable workplace policies and procedures
4. Schedule 4 - Workplace Health and Safety: Specific WHS obligations and procedures
5. Appendix A - Code of Conduct: Company's code of conduct and expected behaviors
6. Appendix B - IT and Social Media Policy: Guidelines for use of company IT resources and social media
7. Appendix C - Expense Policy: Guidelines for work-related expenses and reimbursement procedures
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