At Will Employment Agreement for Australia

At Will Employment Agreement Template for Australia

This Employment Agreement is designed for use in Australia and establishes the terms and conditions of employment between an employer and employee. While structured as an At Will Employment Agreement, it has been modified to comply with Australian employment law, which provides significant employee protections under the Fair Work Act 2009. The agreement covers essential employment terms including position details, compensation, benefits, leave entitlements, confidentiality obligations, and termination provisions, all aligned with Australian National Employment Standards and relevant state legislation.

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What is a At Will Employment Agreement?

This At Will Employment Agreement template has been specifically adapted for use in Australia, where pure "at-will" employment is not recognized under law. The document serves as a comprehensive employment contract that complies with the Fair Work Act 2009 and other relevant Australian employment legislation. It is suitable for establishing employment relationships across various industries and position levels, incorporating mandatory provisions for notice periods, minimum entitlements, and statutory benefits. The agreement should be used when hiring new employees or formalizing existing employment relationships, ensuring all terms align with Australian National Employment Standards and relevant modern awards. It includes provisions for probationary periods, performance expectations, confidentiality requirements, and termination procedures that reflect Australian legal requirements.

What sections should be included in a At Will Employment Agreement?

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 agreement

4. Position and Duties: Job title, role description, responsibilities, and reporting relationships

5. Commencement and Term: Start date and nature of employment (permanent, casual, etc.)

6. Probation Period: Length and terms of the probationary period

7. Hours of Work: Standard working hours, flexibility arrangements, and overtime provisions

8. Remuneration: Base salary, superannuation, payment frequency, and review process

9. Leave Entitlements: Annual leave, personal/carer's leave, long service leave, and other statutory leave provisions

10. Company Policies: Reference to and incorporation of workplace policies and procedures

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property: Ownership and assignment of IP created during employment

13. Termination: Notice periods, grounds for termination, and final payment provisions

14. Post-Employment Obligations: Return of company property and ongoing obligations

15. General Provisions: Governing law, entire agreement, and variation clauses

What sections are optional to include in a At Will Employment Agreement?

1. Commission Structure: Include when role involves sales or performance-based incentives

2. Bonus Arrangements: Include when offering performance bonuses or incentive schemes

3. Restraint of Trade: Include for senior roles or when employee has access to sensitive information

4. Remote Work Arrangements: Include when allowing work from home or flexible location arrangements

5. Travel Requirements: Include when role requires regular travel

6. Vehicle Allowance: Include when providing company vehicle or vehicle allowance

7. Technology and Equipment: Include when providing specific equipment or technology arrangements

8. KPIs and Performance Metrics: Include when role has specific performance targets

9. Share Options or Equity: Include when offering employee share schemes or equity participation

What schedules should be included in a At Will Employment Agreement?

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

2. Schedule 2 - Remuneration Details: Breakdown of salary package including allowances and benefits

3. Schedule 3 - Company Policies: List of applicable workplace policies

4. Schedule 4 - Restraint Provisions: Detailed non-compete and non-solicitation terms if applicable

5. Appendix A - Statutory Statement: Fair Work Information Statement and other required notices

6. Appendix B - Performance Criteria: Detailed KPIs and performance expectations if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Manufacturing

Retail

Education

Construction

Mining

Hospitality

Telecommunications

Media and Entertainment

Agriculture

Transportation and Logistics

Energy and Utilities

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Customer Service

Research and Development

Administration

Product Development

Business Development

Quality Assurance

Risk Management

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Manager

Department Manager

Project Manager

Software Developer

Sales Representative

Administrative Assistant

Marketing Coordinator

Human Resources Manager

Operations Manager

Customer Service Representative

Business Analyst

Account Manager

Technical Support Specialist

Research Analyst

Product Manager

Financial Analyst

Executive Assistant

Data Scientist

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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