Employee Management Agreement for Australia

Employee Management Agreement Template for Australia

A comprehensive legal document governed by Australian law that establishes and regulates the employment relationship between an employer and employee. This agreement outlines key terms and conditions of employment, including roles and responsibilities, remuneration, benefits, performance expectations, and termination provisions, while ensuring compliance with Australian employment legislation including the Fair Work Act 2009 and related employment laws. The document serves as a foundational agreement that protects both parties' interests while providing clear guidelines for the employment relationship.

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What is a Employee Management Agreement?

The Employee Management Agreement serves as a crucial legal framework for establishing and maintaining employment relationships in Australia. This document is essential when hiring new employees or updating terms for existing staff, providing comprehensive coverage of employment terms while ensuring compliance with Australian employment law, including the Fair Work Act 2009 and various anti-discrimination legislation. The agreement typically includes detailed provisions on duties, remuneration, benefits, leave entitlements, confidentiality, intellectual property rights, and termination procedures. It's designed to protect both employer and employee interests while providing clear guidelines for the ongoing employment relationship and helping prevent potential disputes.

What sections should be included in a Employee Management Agreement?

1. Parties: Identifies and defines the employer and employee parties to the agreement

2. Background: Provides context for the agreement and outlines the purpose of the employment relationship

3. Definitions: Defines key terms used throughout the agreement

4. Term of Employment: Specifies whether the employment is permanent, fixed-term, or casual, and details the commencement date

5. Position and Duties: Outlines the employee's role, responsibilities, and reporting relationships

6. Location and Hours: Specifies the primary work location and standard working hours

7. Remuneration: Details the salary package, including base salary, superannuation, and any other benefits

8. Leave Entitlements: Specifies all leave entitlements including annual, personal, long service, and other statutory leave

9. Performance and Reviews: Outlines performance expectations and review processes

10. Confidentiality: Defines confidential information and obligations to maintain confidentiality

11. Intellectual Property: Addresses ownership and rights regarding intellectual property created during employment

12. Termination: Details circumstances and processes for ending the employment relationship

13. Post-Employment Obligations: Specifies restrictions and obligations after employment ends

14. General Provisions: Includes standard legal clauses such as governing law, entire agreement, and variation

What sections are optional to include in a Employee Management Agreement?

1. Probationary Period: Used when the employment includes an initial probationary period

2. Commission Structure: Required for sales roles or positions with performance-based incentives

3. Remote Work Arrangements: Include when allowing for regular work from home or remote working

4. International Travel: Required when the role involves international travel or assignments

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

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

7. Rotation and Secondment: Include for roles that may involve temporary assignments to different locations or departments

8. Industry-Specific Compliance: Required for regulated industries with specific compliance requirements

What schedules should be included in a Employee Management Agreement?

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

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package, including benefits and allowances

3. Schedule 3 - Company Policies: List of applicable company policies that form part of the employment terms

4. Schedule 4 - Workplace Health and Safety Obligations: Specific health and safety requirements and procedures

5. Schedule 5 - IT and Communications Policy: Guidelines for use of company IT systems and communication tools

6. Appendix A - Confidential Information: Detailed list of what constitutes confidential information

7. Appendix B - Approved Outside Activities: List of any pre-approved external commitments or board positions

8. Appendix C - Performance Bonus Structure: Details of any performance-based incentive calculations and conditions

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

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Manufacturing

Retail

Education

Construction

Mining

Hospitality

Telecommunications

Transportation

Agriculture

Energy

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Production

Quality Assurance

Procurement

Business Development

Strategy

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Senior Manager

Project Manager

Team Leader

Senior Executive

Department Head

Regional Manager

Operations Manager

Human Resources Director

Financial Controller

Sales Director

Technical Lead

Business Unit Manager

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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