Employee Hire Agreement Template for Australia

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Key Requirements PROMPT example:

Employee Hire Agreement

"I need an Employee Hire Agreement for a senior software developer position in our Sydney office, including remote work provisions and share option schemes, with employment starting March 1, 2025."

Document background
The Employee Hire Agreement is a fundamental legal document used when establishing new employment relationships or formalizing existing ones in Australia. It serves as the primary contract between an employer and employee, incorporating mandatory provisions required by Australian employment law, including the Fair Work Act 2009, relevant Modern Awards, and National Employment Standards. This agreement is essential for protecting both parties' interests by clearly defining employment terms, conditions, responsibilities, and obligations. It should be used at the commencement of any new employment relationship or when significantly modifying existing employment terms. The document typically includes details about position, compensation, benefits, working hours, leave entitlements, confidentiality requirements, and termination provisions, all while ensuring compliance with Australian employment legislation.
Suggested Sections

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, key responsibilities, and reporting relationships

5. Term of Employment: Start date, employment type (permanent/fixed-term), and probation period if applicable

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

7. Remuneration: Base salary, superannuation, payment frequency, and review mechanisms

8. Leave Entitlements: Annual, personal/carer's, long service, and other leave entitlements

9. Obligations and Duties: Employee's general duties, compliance requirements, and standards of conduct

10. Confidentiality: Protection of confidential information and trade secrets

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

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

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

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

Optional Sections

1. Commission Structure: Include for sales roles or positions with performance-based incentives

2. Mobility Clause: Include when the role may require relocation or travel

3. Remote Work Arrangements: Include for positions allowing work from home or flexible locations

4. Non-Compete Clause: Include for senior positions or roles with access to sensitive information

5. Bonus Scheme: Include when offering performance-based bonuses or incentive programs

6. Company Vehicle: Include when providing a company car or vehicle allowance

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

8. International Travel: Include for roles requiring overseas travel or assignments

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and key performance indicators

2. Schedule 2 - Remuneration Details: Breakdown of salary package, benefits, and incentive structures

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

4. Schedule 4 - IT and Communications Systems: Guidelines for use of company IT systems and communication tools

5. Appendix A - Workplace Health and Safety: Specific WHS obligations and procedures

6. Appendix B - Confidential Information: Detailed list of information deemed confidential

7. Appendix C - Award Provisions: Applicable modern award provisions if relevant

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Mining

Construction

Hospitality

Telecommunications

Agriculture

Transport and Logistics

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Production

Quality Assurance

Business Development

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Department Manager

Sales Representative

Software Developer

Administrative Assistant

Human Resources Manager

Marketing Coordinator

Project Manager

Operations Manager

Customer Service Representative

Research Analyst

Business Development Manager

Technical Support Specialist

Account Executive

Financial Analyst

Production Supervisor

Quality Assurance Engineer

Legal Counsel

Executive Assistant

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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