The Probation Employment Contract is essential for Australian employers when hiring new employees with an initial probationary period. This document is typically used at the start of a new employment relationship to establish a trial period during which both parties can assess the suitability of the employment arrangement. The contract must comply with Australian employment law, particularly the Fair Work Act 2009 and National Employment Standards. It includes crucial information about the position, probation duration, performance expectations, remuneration, and conditions for continuation or termination of employment. This document is particularly important as it provides legal protection for both parties while ensuring transparency in employment terms during the probationary period.
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1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Brief context about the employment offer and acceptance
3. Definitions: Defines key terms used throughout the contract
4. Commencement and Duration: Specifies start date and length of probation period
5. Position and Duties: Details the role, position title, and key responsibilities
6. Location and Hours: Specifies workplace location and standard working hours
7. Remuneration: Details salary, payment frequency, and method of payment
8. Superannuation: Outlines superannuation contributions and arrangements
9. Leave Entitlements: Specifies various leave entitlements as per NES
10. Performance Requirements: Details performance expectations and review process during probation
11. Termination: Conditions for termination during probation period, notice requirements
12. Confidentiality: Obligations regarding confidential information
13. Return of Company Property: Requirements for returning company property upon termination
14. Governing Law: Specifies applicable law and jurisdiction
15. Execution: Signature blocks and execution details
1. Incentive Schemes: Include if employee is eligible for bonuses or commissions
2. Company Policies: Reference to specific policies if company has formal policy documentation
3. Intellectual Property: Include if role involves creation of IP or technical/creative work
4. Non-Competition: Include for senior roles or where employee has access to sensitive information
5. Working from Home: Include if remote work is permitted
6. Professional Development: Include if specific training or development is part of probation
7. Vehicle Allowance: Include if position includes company car or vehicle allowance
8. Relocation: Include if position involves relocation assistance
1. Schedule 1 - Position Description: Detailed position description and responsibilities
2. Schedule 2 - Remuneration Details: Detailed breakdown of salary package and benefits
3. Schedule 3 - Performance Criteria: Specific KPIs and performance measures for probation period
4. Appendix A - Company Policies: List of applicable company policies and procedures
5. Appendix B - Company Property: List of company property provided to employee
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