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Valid Employment Contract for Australia

Valid Employment Contract Template for Australia

A comprehensive employment contract compliant with Australian employment law, including the Fair Work Act 2009 and related legislation. This document establishes the formal employment relationship between employer and employee, outlining all essential terms and conditions of employment including position details, remuneration, benefits, obligations, and termination provisions. The contract incorporates all necessary elements required by Australian federal and state employment legislation, ensuring compliance with National Employment Standards (NES) and relevant modern awards where applicable.

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What is a Valid Employment Contract?

This Valid Employment Contract template is designed for use in establishing formal employment relationships within Australia's legal framework. It should be used when hiring new employees or formalizing existing employment arrangements, ensuring compliance with the Fair Work Act 2009, National Employment Standards, and other relevant Australian employment legislation. The contract covers essential aspects including role specifications, compensation, benefits, working conditions, and termination provisions, while allowing for customization based on specific industry requirements, modern awards, and enterprise agreements. This document serves as a crucial legal foundation for both employers and employees, providing clarity and protection for all parties involved in the employment relationship.

What sections should be included in a Valid Employment Contract?

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

2. Background: Context of the employment relationship 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, employment type (permanent/fixed-term), and probation period if applicable

6. Location and Hours: Primary work location and standard working hours

7. Remuneration: Base salary, superannuation, payment frequency, and review provisions

8. Leave Entitlements: Annual leave, personal/carer's leave, long service leave, and other leave types

9. Obligations and Duties: Employee's general duties, compliance requirements, and performance expectations

10. Policies and Procedures: Reference to and incorporation of workplace policies

11. Termination: Notice periods and grounds for termination

12. Confidentiality: Protection of confidential information during and after employment

13. Governing Law: Specification of Australian law and relevant jurisdiction

14. Entire Agreement: Statement that the contract represents the complete agreement between parties

What sections are optional to include in a Valid Employment Contract?

1. Intellectual Property: For roles involving creation of IP or creative work, defining ownership and rights

2. Post-Employment Restrictions: Non-compete and non-solicitation clauses for senior or sales roles

3. Commission/Bonus Structure: For sales roles or positions with performance-based compensation

4. Flexible Working Arrangements: For roles with hybrid or remote working options

5. Travel Requirements: For roles requiring regular travel or multiple work locations

6. Equipment and Tools: For roles requiring specific company equipment or BYOD arrangements

7. Share Options/Equity: For senior roles or startups offering equity compensation

8. KPIs and Performance Metrics: For roles with specific performance targets or metrics

What schedules should be included in a Valid Employment Contract?

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

2. Schedule 2 - Remuneration Details: Breakdown of salary package, benefits, and incentives

3. Schedule 3 - Company Policies: List of applicable policies and procedures

4. Schedule 4 - Workplace Health and Safety: Specific WHS obligations and procedures

5. Appendix A - Confidential Information: Definition and examples of confidential information

6. Appendix B - Performance Metrics: Detailed KPIs and performance measurement criteria

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

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions





























Clauses





























Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Construction

Mining

Hospitality

Transportation

Agriculture

Media and Entertainment

Non-Profit

Government

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Product Management

Business Development

Quality Assurance

Supply Chain

Corporate Communications

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Team Leader

Project Manager

Software Developer

Sales Representative

Administrative Assistant

Human Resources Officer

Financial Analyst

Marketing Coordinator

Operations Manager

Customer Service Representative

Research Scientist

Legal Counsel

Business Analyst

Account Manager

Technical Support Specialist

Product Manager

Data Analyst

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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