Employment Agreement Terms Template for Australia

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Key Requirements PROMPT example:

Employment Agreement Terms

"I need Employment Agreement Terms for a senior software developer role in our Sydney office, including provisions for hybrid working arrangements and intellectual property protection for software development."

Document background
The Employment Agreement Terms document serves as a fundamental legal instrument in Australian employment relationships, establishing the contractual framework between employers and employees. This document is essential when formalizing new employment relationships or updating existing agreements to ensure compliance with current legislation. It incorporates mandatory provisions from the Fair Work Act 2009, National Employment Standards, and applicable Modern Awards, while allowing flexibility for industry-specific requirements and company policies. The agreement typically covers all essential aspects of employment including position details, remuneration, benefits, working conditions, and obligations of both parties. It is designed to be adaptable across various industries and role levels while maintaining compliance with Australian employment law requirements.
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 probationary period if applicable

6. Location and Hours: Primary work location and standard working hours

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

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

9. Obligations and Responsibilities: Employee's general duties, compliance requirements, and standard of work

10. Confidentiality: Protection of company confidential information and trade secrets

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

12. Termination: Notice periods, grounds for termination, and process

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/Bonus Structure: Details of performance-based compensation, used for sales roles or positions with variable pay

2. Remote Work Arrangements: Specific provisions for remote or hybrid working arrangements

3. Non-Competition: Restrictions on working for competitors, used for senior roles or specialized positions

4. Non-Solicitation: Restrictions on soliciting clients or employees, used for client-facing or management roles

5. Company Policies: Reference to and incorporation of specific company policies, used when extensive policies exist

6. Travel Requirements: Details of travel obligations and arrangements, used for roles requiring regular travel

7. Equipment and Resources: Provisions regarding company-provided equipment and resources

8. KPIs and Performance Metrics: Specific performance expectations and measurement criteria

9. Training and Development: Provisions for required training or professional development

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and requirements

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

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

4. Schedule 4 - Bonus/Commission Structure: Detailed explanation of variable compensation calculations and terms

5. Schedule 5 - Approved Outside Activities: List of pre-approved external commitments or board positions

6. Appendix A - Confidential Information: Specific details of what constitutes confidential information

7. Appendix B - IT and Communications Systems: Guidelines for use of company IT systems and communication tools

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

Media and Entertainment

Transportation and Logistics

Energy and Utilities

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Administration

Compliance

Risk Management

Product Development

Corporate Services

Relevant Roles

Chief Executive Officer

Managing Director

General Manager

Department Head

Senior Manager

Project Manager

Technical Specialist

Sales Representative

Administrative Officer

Professional Staff

Support Staff

Graduate

Intern

Consultant

Analyst

Engineer

Developer

Account Manager

Operations Manager

Human Resources 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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