Employment Service Agreement Template for Australia

The Employment Service Agreement serves as the primary contract governing the employment relationship in Australia. It is designed to be used when establishing new employment relationships or formalizing existing ones, ensuring compliance with the Fair Work Act 2009 and other relevant Australian employment legislation. The agreement comprehensively covers all essential aspects of employment, including position details, remuneration, benefits, leave entitlements, confidentiality obligations, and termination provisions. It incorporates necessary protections for both employer and employee while maintaining flexibility to accommodate various industries and role types. This document is crucial for establishing clear expectations and legal obligations while ensuring adherence to Australian workplace laws and regulations.

1. Parties: Identifies and defines the employer and employee, including their legal names and addresses

2. Background: Sets out the context of the employment relationship and purpose of the agreement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

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

5. Position and Duties: Details the employee's role, responsibilities, reporting lines, and performance expectations

6. Location and Hours of Work: Specifies workplace location(s) and standard working hours

7. Remuneration and Benefits: Details salary, superannuation, and any additional benefits

8. Leave Entitlements: Outlines various leave types including annual, personal, long service, and other statutory leave

9. Confidentiality: Defines confidential information and employee's obligations regarding confidentiality

10. Intellectual Property: Addresses ownership and protection of IP created during employment

11. Conflicts of Interest: Sets out obligations regarding conflicts and outside employment

12. Performance and Review: Details performance review process and expectations

13. Termination: Specifies grounds for termination and notice periods

14. Post-Employment Obligations: Covers restraint of trade and ongoing obligations

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