The Commission Based Employment Contract is essential for businesses operating in Australia that employ sales professionals or other personnel whose compensation is primarily based on commission. This document is designed to comply with Australian employment law, including the Fair Work Act 2009 and relevant Modern Awards, while establishing clear parameters for commission-based compensation. It is particularly relevant for industries where performance-based pay is standard practice, such as real estate, financial services, and retail sales. The contract includes comprehensive provisions for commission structures, performance metrics, payment schedules, and statutory entitlements, ensuring both employer and employee interests are protected while maintaining compliance with Australian workplace regulations.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
Alternatively...
1. Parties: Identifies the employer and employee, including their full legal names, addresses, and ACN/ABN where applicable
2. Background: Brief context of the employment arrangement and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, particularly commission-related terminology
4. Position and Duties: Details the employee's role, responsibilities, reporting lines, and performance expectations
5. Commission Structure: Core commission calculation methodology, targets, and payment terms
6. Base Salary and Benefits: Any guaranteed base salary, superannuation, and standard benefits
7. Term and Hours of Work: Employment duration (if fixed-term) and working hours arrangements
8. Leave Entitlements: Annual, personal, long service and other leave entitlements as per National Employment Standards
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property: Ownership and protection of IP created during employment
11. Non-Compete and Non-Solicitation: Post-employment restrictions on competition and client/employee solicitation
12. Termination: Grounds for termination, notice periods, and consequences
13. General Provisions: Standard legal clauses including governing law, entire agreement, and variation
1. Probationary Period: Include when the employer wants to implement an initial trial period
2. Company Property: Include when employee is provided with significant company equipment or resources
3. Remote Work Arrangements: Include for roles with work-from-home or hybrid arrangements
4. Bonus Structure: Include if additional bonus schemes exist beyond commission
5. International Travel: Include for roles requiring overseas travel
6. Team Management: Include for roles with supervisory responsibilities
7. Performance Review Process: Include when formal review processes affect commission structures
8. Clawback Provisions: Include when commission payments may need to be returned under certain circumstances
1. Commission Calculations: Detailed formulas and examples of commission calculations
2. Sales Territories: Definition of geographical or client territories if applicable
3. Product/Service Lines: List of products/services and associated commission rates
4. KPIs and Targets: Detailed performance metrics and targets
5. Reporting Requirements: Templates and timing for sales and commission reports
6. Employee Benefits: Detailed description of additional benefits and eligibility criteria
7. Company Policies: Key workplace policies affecting the employment relationship
8. Commission Payment Schedule: Timing and process for commission payments
Is a commission based employment contract legally binding in Australia?
Yes, a commission based employment contract is legally binding in Australia when properly executed. It must comply with the Fair Work Act 2009, National Employment Standards, and any applicable Modern Awards to be enforceable. The contract creates legal obligations for both employer and employee regarding performance-based compensation arrangements.
Do I need a lawyer to create a commission based employment contract in Australia?
While not legally required, consulting an employment lawyer is highly recommended for commission based contracts. These agreements involve complex compliance requirements under the Fair Work Act 2009 and Modern Awards. A lawyer can ensure the contract meets minimum wage obligations and protects both parties' interests.
Can I work on commission only without a base salary in Australia?
Generally no, Australian employment law requires commission-based employees to receive at least the minimum wage under applicable Modern Awards. The Fair Work Act 2009 and National Employment Standards mandate minimum entitlements that cannot be waived. Pure commission arrangements may breach these requirements unless structured as genuine independent contractor relationships.
Authors
Find the document you need
Subcontractor Agreement Form
An Australian-compliant Subcontractor Agreement Form establishing terms and conditions for subcontractor engagement, including scope, payments, and obligations.
Download
Standard Remodeling Contract
An Australian-compliant contract for residential remodeling projects that outlines terms, conditions, and obligations between contractors and property owners.
Download
House Building Contract Agreement
An Australian-law governed agreement between property owner and builder for residential construction, detailing works, costs, timelines, and obligations.
Download
Contractor Lease Agreement
An Australian-compliant lease agreement for contractors leasing commercial premises, incorporating federal and state property laws and contractor-specific requirements.
Download
Contract For Self Employed Contractor
An Australian-compliant contractor agreement establishing terms and conditions between a principal/client and an independent contractor.
Download
Simple Painting Contract
An Australian-compliant contract template for engaging painting services, suitable for both residential and commercial painting projects.
Download
Remodeling Contract Form
Australian-compliant remodeling contract form for governing contractor-owner relationships in renovation projects, suitable for both residential and commercial use.
Download
Labour Subcontractor Agreement
An Australian-law governed agreement establishing terms and conditions between a principal contractor and labour subcontractor, ensuring legislative compliance and protecting both parties' interests.
Download
Construction Agreement Between Owner And Builder
An Australian-law governed agreement between a property owner and builder defining the terms, conditions, and obligations for construction works.
Download
Architect Contractor Agreement
An Australian-compliant agreement defining the terms and conditions between a client and an architect for professional architectural services.
Download
Agreement Construction Work
An Australian legal agreement governing construction works, outlining project scope, obligations, and compliance with Australian construction regulations.
Download
Social Media Contract
An Australian-law governed agreement establishing terms and conditions for free social media platform usage, including user rights, privacy policies, and platform rules.
Download
Basic Self Employed Contract
An Australian-law governed agreement establishing the terms and conditions between a business and an independent contractor, ensuring compliance with relevant contractor legislation.
Download
Contract Consultancy Services
Australian consultancy services contract template compliant with national and state legislation, governing professional consulting arrangements.
Download
General Contractor Contract Agreement
An Australian-law governed agreement between a principal and general contractor establishing terms, conditions, and obligations for construction works.
Download
Generic Contractor Agreement
An Australian-compliant agreement template for engaging independent contractors, establishing terms, conditions, and obligations between a business and contractor.
Download
Short Form Contractor Agreement
An Australian-compliant concise agreement for engaging independent contractors, establishing key terms and conditions while maintaining legal compliance.
Download
Designer Contractor Agreement
An Australian-law governed agreement establishing the terms and conditions between a business and an independent designer contractor.
Download
Contract Agreement Between Two Parties
Download
Construction Agreement Form
An Australian-law governed agreement establishing terms, conditions, and obligations for construction projects, ensuring compliance with local building and construction regulations.
Download
Agreement Between Company And Labour Contractor
An Australian-law governed agreement establishing terms between a company and labour contractor, ensuring compliance with relevant federal and state regulations.
Download
Simple Payment Agreement Contract
An Australian-law governed agreement that establishes payment terms and obligations between parties, ensuring clear and enforceable payment arrangements.
Download
Painting Contract Agreement
An Australian-law governed agreement between a painting contractor and client establishing terms for painting services, including scope, payment, and compliance requirements.
Download
Contractor Service Agreement
An Australian-law governed agreement establishing the terms and conditions between a business and an independent contractor.
Download
Startup Contractor Agreement
An Australian-law governed agreement for startups engaging independent contractors, protecting IP rights and defining service arrangements while ensuring compliance with contractor legislation.
Download
Short Contractor Agreement
An Australian-compliant agreement for engaging independent contractors, covering essential terms and obligations while maintaining legal distinction from employment relationships.
Download
Short Form Subcontractor Agreement
An Australian-compliant short form agreement between head contractor and subcontractor, setting out essential terms and obligations for subcontracted works.
Download
Simple Handyman Contract
An Australian-compliant contract template for handyman services, covering essential terms for maintenance and repair work under Australian law.
Download
Sales Subcontractor Agreement
An Australian-law governed agreement establishing terms and conditions for engaging independent sales subcontractors, including commission structures, territories, and compliance requirements.
Download
Prime Contractor Agreement
An Australian-compliant agreement establishing terms between a principal and prime contractor for project delivery, including scope, payments, and performance requirements.
Download
Preferred Contractor Agreement
An Australian agreement establishing a preferred contractor relationship, setting out framework terms for ongoing service engagement and compliance requirements.
Download
Painting Subcontractor Contract
An Australian-law governed agreement between a principal contractor and painting subcontractor establishing terms for painting services in construction projects.
Download
Part Time Contractor Agreement
An Australian-law governed agreement establishing terms and conditions for part-time contractor engagement, including service scope, payment terms, and compliance requirements.
Download
Non Profit Contractor Agreement
An Australian-compliant contractor agreement tailored for non-profit organizations, establishing terms for independent contractor engagement under Australian law.
Download
Mining Contractor Agreement
An Australian-law governed agreement between a mining company and contractor for the provision of mining services, incorporating relevant state and federal mining regulations.
Download
Masonry Contract Agreement
An Australian-law governed agreement for masonry construction works, outlining terms, conditions, and compliance requirements for masonry services.
Download
Independent Courier Driver Contract Agreement
An Australian-law governed agreement establishing the terms of engagement between a company and an independent courier driver contractor.
Download
Home Remodel Contract
An Australian-compliant contract for residential renovation works that establishes terms between homeowner and contractor.
Download
General Contract Agreement Between Two Parties
An Australian law-governed agreement establishing contractual rights and obligations between two parties, suitable for various business relationships.
Download
Contract For Cleaning Services Agreement
An Australian law-governed agreement establishing terms and conditions for professional cleaning services, including service specifications, performance standards, and compliance requirements.
Download
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
