This Term Contract Employment agreement is designed for use in Australia when establishing fixed-term employment relationships for specific projects, temporary replacements, or seasonal work. It incorporates all necessary elements required under Australian employment law, including compliance with the Fair Work Act 2009, National Employment Standards, and relevant modern awards. The document is particularly suitable for situations where employment is needed for a defined period or specific project, providing clear terms regarding duration, possible extensions, and early termination provisions. It includes comprehensive sections covering remuneration, benefits, duties, confidentiality, and post-employment obligations, while maintaining flexibility to accommodate various industries and role requirements.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment arrangement and purpose of the fixed-term contract
3. Definitions: Definitions of key terms used throughout the agreement
4. Term of Employment: Start date, end date, and any conditions for early termination or extension
5. Role and Duties: Position title, key responsibilities, reporting relationships, and work location
6. Hours of Work: Standard working hours, breaks, and overtime arrangements
7. Remuneration: Base salary, superannuation, payment frequency, and review provisions
8. Leave Entitlements: Annual leave, personal/carer's leave, and other leave entitlements
9. Confidentiality: Obligations regarding confidential information during and after employment
10. Intellectual Property: Ownership and rights regarding IP created during employment
11. Termination: Notice periods, grounds for termination, and termination processes
12. Post-Employment Obligations: Return of company property and ongoing obligations
13. General Provisions: Governing law, entire agreement, and variation clauses
1. Probation Period: Include when the employer wishes to implement an initial probation period
2. Commission/Bonus Structure: Include for roles with performance-based additional compensation
3. Restraint of Trade: Include when post-employment restrictions are required for business protection
4. Motor Vehicle Allowance: Include when the role requires use of personal vehicle
5. Remote Work Arrangements: Include when the role involves regular work from home or remote locations
6. Share or Option Schemes: Include when the employee is eligible for equity-based compensation
7. Relocation Provisions: Include when the role involves relocation or international assignments
1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and performance expectations
2. Schedule 2 - Remuneration Details: Breakdown of salary package, allowances, and benefits
3. Schedule 3 - Company Policies: List of applicable workplace policies the employee must comply with
4. Schedule 4 - Restraint Provisions: Detailed restraint of trade terms including geographical areas and time periods
5. Appendix A - Confidential Information: Specific details of what constitutes confidential information
6. Appendix B - IT and Communications Systems: Details of provided equipment and acceptable use policies
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