The Employment Contract For Hospitality Industry is a comprehensive legal document designed for Australian hospitality businesses to establish formal employment relationships with their staff. This contract template is essential for any hospitality business operating in Australia, as it ensures compliance with the Fair Work Act 2009, the Hospitality Industry (General) Award 2020, and other relevant state and federal legislation. It is specifically tailored to address unique aspects of hospitality employment, including irregular working hours, penalty rates, and specific industry requirements. The contract includes provisions for various employment types (full-time, part-time, or casual) and can be customized for different roles within the hospitality sector, from entry-level positions to senior management.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the contract
4. Position and Duties: Job title, classification under the Award, and main responsibilities
5. Employment Status: Whether full-time, part-time, or casual, including probationary period details
6. Location of Work: Primary workplace location and potential for relocation
7. Hours of Work: Standard working hours, rostering arrangements, and overtime provisions
8. Remuneration: Base salary, award rates, payment frequency, and method of payment
9. Leave Entitlements: Annual, personal, compassionate, and other leave entitlements
10. Superannuation: Superannuation contribution arrangements and fund details
11. Workplace Health and Safety: WHS obligations and compliance requirements
12. Confidentiality: Protection of business information and trade secrets
13. Termination: Notice periods and grounds for termination
14. Post-Employment Obligations: Return of property and ongoing confidentiality obligations
15. Governing Law: Jurisdiction and applicable law
16. Execution: Signing provisions and date of agreement
1. Tips and Service Charges: Include for roles where tips or service charges are relevant, detailing distribution policy
2. Uniform Requirements: Include when specific uniform or dress code requirements apply
3. Training Requirements: Include for roles requiring specific qualifications or ongoing training
4. Vehicle Use: Include if employee needs to use company vehicles
5. Interstate Travel: Include for roles requiring travel between venues or locations
6. Split Shift Arrangements: Include for roles where split shifts may be required
7. Accommodation: Include if accommodation is provided as part of employment
8. Performance Reviews: Include if formal review process and KPIs are applicable
9. Non-Compete Clause: Include for senior positions or when protecting business interests
10. Bonus Structure: Include if performance-based bonuses are offered
1. Schedule 1 - Position Description: Detailed outline of role responsibilities and requirements
2. Schedule 2 - Remuneration Details: Breakdown of salary package, allowances, and benefits
3. Schedule 3 - Workplace Policies: List of applicable workplace policies and procedures
4. Schedule 4 - Award Classifications: Relevant award classifications and progression criteria
5. Appendix A - Code of Conduct: Standards of behavior and professional conduct
6. Appendix B - Health and Safety Procedures: Specific safety procedures and requirements
7. Appendix C - Leave Request Procedures: Process for requesting and managing leave
8. Appendix D - Grievance Procedures: Steps for raising and addressing workplace concerns
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