Legal requirements & customisation
An employment contract in Australia should include various terms and conditions that outline the rights and responsibilities of both the employer and the employee. While there are certain legal requirements that must be met, employment contracts can also be customised to suit the specific needs of the employer and the nature of the job.
Parties
Clearly state the names and details of both the employer and the employee.
Position & duties
Describe the position the employee will hold and provide a detailed outline of their job responsibilities and expectations.
Remuneration
Specify the employee's salary or wage, including details about how and when they will be paid. This should also cover any bonuses, commissions, or other benefits.
Hours of work
Outline the standard working hours, including any overtime provisions and how overtime will be compensated.
Employment type
Indicate whether the employment is full-time, part-time, casual, fixed-term, or permanent, and specify any probationary periods.
Location
State the primary location of work and any requirement for travel or relocation.
Leave entitlements
Detail the employee's entitlement to various types of leave, including annual leave, sick leave, and any other applicable leave entitlements.
Termination
Explain the conditions under which the employment can be terminated by either party, including notice periods and grounds for dismissal.
Probation
If applicable, specify the length of the probationary period and the conditions for successful completion.
Confidentiality & non-compete
Include any confidentiality and non-compete clauses that protect the employer's interests.
Intellectual property
Address the ownership and handling of intellectual property developed during the employment.
Workplace policies
Reference any applicable workplace policies and procedures, such as code of conduct, anti-discrimination, health and safety, and dispute resolution procedures.
Superannuation
Describe the superannuation (retirement savings) contributions made by the employer on behalf of the employee.
Benefits & perks
List any additional benefits or perks, such as health insurance, allowances, or stock options.
Dispute resolution
Specify the process for resolving disputes between the employer and the employee.
Governing law
the governing law, typically Australian law, that will apply to the employment contract.
Signatures
Both the employer and the employee should sign and date the contract to indicate their agreement.
Keep in mind that Australian employment law can be complex, and it's advisable to seek legal advice when drafting or reviewing employment contracts to ensure compliance with all relevant laws and regulations. Additionally, employment contracts should be regularly updated to reflect changes in the employment relationship or legal requirements.
For more information regarding employment contracts, visit the Fair Work Ombudsman. Additionally, click the button below to read our article on Australian national employment standards.
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At 11, we typically get involved in the recruitment process when a client is either seeking a high achiever to elevate their business, recruiting for a role that is hard to fill, or having difficulty sourcing or attracting suitable candidates.
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