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Contract Of Employment Driver for Australia

Contract Of Employment Driver Template for Australia

This is an Australian employment contract specifically designed for drivers, compliant with the Fair Work Act 2009 and Heavy Vehicle National Law (HVNL). The document establishes the employment relationship between a company and a driver, outlining essential terms and conditions including remuneration, working hours, safety requirements, vehicle responsibilities, and compliance obligations. It incorporates specific provisions required by Australian transport regulations and workplace laws, ensuring both employer and employee understand their rights and obligations in the context of professional driving duties.

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Contract Of Employment Driver

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What is a Contract Of Employment Driver?

The Contract of Employment Driver is essential for Australian businesses employing professional drivers across various industries. This document establishes the formal employment relationship while ensuring compliance with the Fair Work Act 2009, Heavy Vehicle National Law, and other relevant Australian regulations. It's specifically designed to address the unique aspects of driver employment, including vehicle operation, safety requirements, working hours, rest breaks, and maintenance responsibilities. The contract should be used when hiring any professional driver, whether for local deliveries, long-haul transport, or specialized vehicle operation. It includes provisions for vehicle handling, safety protocols, licensing requirements, and industry-specific compliance obligations, making it suitable for both small businesses and large transport companies operating in Australia.

What sections should be included in a Contract Of Employment Driver?

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 contract

4. Position and Duties: Specifies the role, responsibilities, and reporting relationships

5. Term of Employment: States whether the employment is permanent, fixed-term, or casual, and start date

6. Probationary Period: Defines the initial probation period and conditions

7. Hours of Work: Specifies standard working hours, overtime arrangements, and rest breaks as per HVNL requirements

8. Remuneration: Details base salary, overtime rates, allowances, and payment arrangements

9. Superannuation: Outlines superannuation contributions and fund arrangements

10. Leave Entitlements: Covers annual, personal, long service, and other leave types

11. Vehicle and Equipment: Details about company vehicle usage, maintenance responsibilities, and required equipment

12. Safety and Compliance: Outlines safety obligations, licensing requirements, and compliance with transport regulations

13. Confidentiality: Defines confidential information and obligations to protect it

14. Termination: Specifies notice periods and grounds for termination

15. General Provisions: Includes governing law, entire agreement, and variation clauses

What sections are optional to include in a Contract Of Employment Driver?

1. Performance Reviews: Details the frequency and process of performance evaluations - include for permanent roles

2. Bonus and Incentive Schemes: Outlines any performance-based rewards - include if applicable to the role

3. Interstate Travel: Specific provisions for drivers required to cross state lines - include for long-haul positions

4. Drug and Alcohol Policy: Detailed substance testing procedures - include for companies with specific policies

5. GPS and Electronic Monitoring: Provisions regarding vehicle tracking and electronic log books - include if using such systems

6. Non-Compete Clause: Restrictions on working for competitors - include for senior or specialized roles

7. Training Requirements: Specific training obligations and certifications - include if ongoing training is required

What schedules should be included in a Contract Of Employment Driver?

1. Schedule 1 - Position Description: Detailed outline of role responsibilities and requirements

2. Schedule 2 - Remuneration Package: Comprehensive breakdown of salary package including allowances

3. Schedule 3 - Vehicle Specifications: Details of assigned vehicle and maintenance requirements

4. Schedule 4 - Company Policies: Key workplace policies including safety procedures

5. Appendix A - Driver Qualification Requirements: List of required licenses, certifications, and qualifications

6. Appendix B - Route Information: Details of regular routes and delivery schedules if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Sector

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Transport and Logistics

Retail Distribution

Manufacturing

Construction

Mining

Agriculture

Waste Management

Food and Beverage Distribution

Courier Services

Moving and Relocation Services

Wholesale Distribution

Relevant Teams

Operations

Logistics

Fleet Management

Distribution

Transport

Supply Chain

Delivery

Warehouse

Dispatch

Field Operations

Relevant Roles

Truck Driver

Delivery Driver

Heavy Vehicle Operator

Transport Driver

Courier Driver

Bus Driver

Fleet Driver

Long-haul Driver

Local Delivery Driver

Mobile Plant Operator

Transportation Specialist

Route Driver

Commercial Vehicle Operator

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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