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Provisional Contract Of Employment Template for Australia

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Key Requirements PROMPT example:

Provisional Contract Of Employment

"I need a Provisional Contract of Employment for a senior software developer role in our Sydney tech startup, with a 6-month provisional period starting March 1, 2025, including specific KPIs for performance review and intellectual property provisions."

Document background
The Provisional Contract of Employment is a crucial document used when hiring new employees in Australia, establishing a defined provisional or probationary period before consideration for permanent employment. This document is particularly important for organizations seeking to evaluate new employees' suitability for long-term employment while maintaining compliance with Australian employment law. The contract includes essential terms mandated by the Fair Work Act 2009, outlines specific performance expectations and review processes, and provides clear conditions for transitioning to permanent employment or termination. It's designed to protect both employer and employee interests during the initial employment phase, incorporating all necessary National Employment Standards requirements while allowing for role-specific customization.
Suggested Sections

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and acknowledgment of provisional/probationary nature

3. Definitions: Key terms used throughout the agreement

4. Position and Duties: Job title, role description, reporting relationships and key responsibilities

5. Provisional Period: Length of provisional period, assessment criteria, and review process

6. Commencement and Duration: Start date, length of provisional period, and conditions for permanent employment

7. Remuneration: Salary, superannuation, and other financial benefits

8. Hours of Work: Standard working hours, flexibility arrangements, and overtime provisions

9. Leave Entitlements: Annual, personal, long service and other leave entitlements

10. Workplace Health and Safety: WHS obligations and compliance requirements

11. Confidentiality: Protection of company confidential information

12. Termination: Notice periods and grounds for termination during provisional period

13. General Provisions: Governing law, entire agreement, and variation clauses

Optional Sections

1. Intellectual Property: Used when employee may create IP during employment

2. Post-Employment Obligations: Include when restraint of trade or non-compete provisions are required

3. Company Property: Include when employee is provided with significant company assets or equipment

4. Performance Targets: Used when specific KPIs or targets are part of the provisional period assessment

5. Travel Requirements: Include when role involves regular travel

6. Commission Structure: Include for sales roles or positions with performance-based pay

7. Flexible Working Arrangements: Include when offering specific flexible work options

8. Training Requirements: Include when specific training or certifications are required during provisional period

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of 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 and procedures

4. Schedule 4 - Performance Assessment Criteria: Specific criteria for evaluating performance during provisional period

5. Appendix A - Fair Work Information Statement: Mandatory information statement required by Fair Work Act

6. Appendix B - Applicable Award or Enterprise Agreement: Reference to relevant industrial instruments

7. Appendix C - Confidential Information Definition: Detailed description of what constitutes confidential information

Authors

Alex Denne

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

Relevant legal definitions




























Clauses


























Relevant Industries

Technology

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Construction

Hospitality

Mining

Agriculture

Transport and Logistics

Media and Communications

Non-Profit

Government

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Product Management

Administration

Quality Assurance

Production

Strategy

Compliance

Relevant Roles

Graduate

Junior Associate

Senior Associate

Manager

Director

Executive

Administrator

Coordinator

Specialist

Analyst

Developer

Engineer

Consultant

Officer

Supervisor

Team Leader

Head of Department

Vice President

Chief Officer

Regional Manager

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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