The Sales Employee Contract Template is designed for Australian businesses engaging sales professionals across various industries. This template serves as a foundational document that can be customized based on specific sales roles, industry requirements, and company policies while maintaining compliance with Australian employment law. It is particularly useful for organizations establishing or expanding their sales force, addressing key aspects such as commission structures, performance metrics, territory assignments, and customer relationship management. The template incorporates provisions required by the Fair Work Act 2009, National Employment Standards, and relevant Modern Awards, while also protecting business interests through appropriate confidentiality, intellectual property, and post-employment restraint clauses. Regular review and updates are recommended to ensure ongoing compliance with evolving employment legislation and industry standards.
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1. Parties: Identifies the employer and employee with 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 contract
4. Position and Duties: Specifies the role title, key responsibilities, and reporting relationships
5. Term of Employment: States whether the employment is permanent, fixed-term, or casual, and any probationary period
6. Hours of Work: Defines standard working hours, flexibility requirements, and overtime provisions
7. Remuneration: Details base salary, superannuation, and basic commission structure
8. Leave Entitlements: Outlines various leave types and entitlements as per National Employment Standards
9. Sales Territories and Targets: Defines geographical areas of responsibility and minimum performance expectations
10. Confidentiality: Protects company's confidential information and trade secrets
11. Intellectual Property: Addresses ownership of work-created IP and customer relationships
12. Termination: Details circumstances and processes for ending employment
13. Post-Employment Obligations: Includes non-compete and non-solicitation provisions
14. General Provisions: Contains standard boilerplate clauses including governing law and entire agreement
1. Company Vehicle: Include when a company vehicle is provided, detailing usage terms and maintenance responsibilities
2. Remote Work Arrangements: Include for roles allowing work from home or remote locations
3. International Travel: Include for roles requiring overseas travel, detailing allowances and requirements
4. Equipment and Tools: Include when specific company equipment (e.g., laptop, phone) is provided
5. Training Requirements: Include when specific training or certifications are required for the role
6. Team Management Responsibilities: Include for senior sales roles with direct reports
7. KPI Bonus Structure: Include when additional performance-based bonuses beyond standard commission are offered
8. Share Options: Include when employee is offered company shares or options as part of compensation
1. Schedule 1 - Commission Structure: Detailed breakdown of commission calculations, tiers, and payment terms
2. Schedule 2 - Sales Targets: Specific quarterly/annual targets and measurement criteria
3. Schedule 3 - Territory Map: Detailed map and description of assigned sales territory
4. Schedule 4 - Expense Policy: Guidelines for claiming work-related expenses and allowances
5. Schedule 5 - Company Policies: Key company policies applicable to the role
6. Appendix A - Position Description: Detailed job description including key responsibilities and requirements
7. Appendix B - Company Car Policy: If applicable, detailed terms of company vehicle use
8. Appendix C - Technology Usage Policy: Guidelines for use of company-provided technology and systems
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