The Official Employment Contract serves as the primary legal document governing the employment relationship in Australian workplaces. It is essential for establishing clear terms and conditions of employment while ensuring compliance with Australian employment law, particularly the Fair Work Act 2009 and related legislation. This document should be used when hiring new employees or formalizing existing employment relationships, containing comprehensive details about the position, remuneration, benefits, obligations, and termination provisions. The contract provides protection for both employer and employee by clearly defining their rights and responsibilities, while incorporating relevant industry standards and organizational policies. It is designed to be adaptable across various sectors and job levels while maintaining compliance with Australian legal requirements.
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1. Parties: Identifies the employer and employee, including 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: Details of the role, position title, reporting relationships, and key responsibilities
5. Commencement and Term: Start date, employment status (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 entitlements
9. Obligations and Duties: Employee's general duties, obligations, and expected standards of conduct
10. Confidentiality: Requirements to maintain confidentiality of business information
11. Intellectual Property: Ownership and rights regarding IP created during employment
12. Termination: Grounds for termination, notice periods, and termination processes
13. Post-Employment Obligations: Return of company property and ongoing obligations after employment ends
14. General Provisions: Governing law, entire agreement, variation, and severability clauses
1. Bonus and Incentives: Details of performance bonuses or incentive schemes when applicable
2. Commission Structure: For sales roles or positions with commission-based compensation
3. Restraint of Trade: Non-compete and non-solicitation provisions where business interests need protection
4. Flexible Working Arrangements: When remote work or flexible arrangements are offered
5. Vehicle Allowance: When a company vehicle or vehicle allowance is provided
6. Relocation: Terms for relocation assistance if employee is moving for the role
7. Share Options: Details of any share or equity schemes offered to the employee
8. International Travel: Terms relating to international travel requirements and allowances
9. Training Requirements: Specific training obligations and professional development requirements
10. KPIs and Performance Metrics: Detailed performance expectations and measurement criteria
1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and key performance indicators
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package, benefits, and allowances
3. Schedule 3 - Company Policies: List of applicable company policies that form part of employment terms
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 - Approved Outside Activities: List of pre-approved external commitments or board positions if applicable
7. Appendix C - Benefits Summary: Details of additional benefits such as health insurance, phone allowance, etc.
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