The Employment Term Sheet is a crucial preliminary document used in Australian employment contexts to establish clear expectations and basic terms of employment before proceeding with a comprehensive employment contract. It is typically used during the final stages of recruitment when an employer and potential employee have agreed in principle to an employment relationship but need to document the key terms. The document includes essential information such as role details, compensation, working arrangements, and basic obligations while ensuring compliance with Australian employment legislation, particularly the Fair Work Act 2009 and National Employment Standards. This term sheet serves as a foundation for the subsequent employment contract and helps prevent misunderstandings about fundamental employment terms during the hiring process.
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: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief context about the employment offer and its circumstances
3. Definitions: Key terms used throughout the term sheet
4. Position and Duties: Job title, role description, and key responsibilities
5. Commencement and Term: Start date and nature of employment (permanent/fixed-term)
6. Probation Period: Length and terms of the probationary period
7. Location and Hours: Primary work location and standard working hours
8. Remuneration: Base salary, superannuation, and payment arrangements
9. Leave Entitlements: Annual leave, personal/carer's leave, and other statutory leave entitlements
10. Termination: Notice periods and termination provisions
11. Confidentiality: Basic confidentiality obligations
12. Governing Law: Specification of Australian law as governing law
1. Commission/Bonus Structure: Details of variable compensation, used when role includes performance-based pay
2. Equity Participation: Share or option schemes, included for senior roles or startups
3. Remote Work Provisions: Specific arrangements for remote or hybrid working, if applicable
4. Post-Employment Restrictions: Non-compete and non-solicitation clauses, typically for senior or sales roles
5. Travel Requirements: Details of required travel and related compensation, if role involves regular travel
6. KPIs and Performance Metrics: Specific performance expectations, used for senior roles or sales positions
7. Industry-Specific Requirements: Special conditions related to specific industries (e.g., financial services, healthcare)
8. Flexible Working Arrangements: Specific flexible work provisions beyond standard arrangements
1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and reporting relationships
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package, including benefits and allowances
3. Schedule 3 - Company Policies: List of key company policies that form part of the employment terms
4. Schedule 4 - Bonus/Commission Structure: Detailed explanation of variable compensation calculations and terms
5. Appendix A - Required Qualifications: List of mandatory qualifications, certifications, or licenses for the role
6. Appendix B - Equipment and Resources: Details of company-provided equipment and resources
Is an employment term sheet legally binding in Australia?
An employment term sheet can be legally binding in Australia if it contains clear terms and both parties intend to be bound by it. However, it's typically used as a preliminary document before a formal employment contract. Courts will examine the language used and circumstances to determine if it creates binding obligations under Australian contract law.
Do I need a lawyer to draft an employment term sheet in Australia?
While not legally required, consulting a lawyer is recommended for employment term sheets in Australia. A lawyer can ensure compliance with the Fair Work Act 2009, National Employment Standards, and relevant modern awards. They can also help avoid common pitfalls that could lead to disputes or unfair dismissal claims.
How does an employment term sheet differ from a full employment contract in Australia?
An employment term sheet is a preliminary document outlining key employment terms, while a full contract is comprehensive and legally binding. The term sheet typically covers basic elements like salary, role, and start date, whereas the contract includes detailed clauses on termination, confidentiality, IP ownership, and compliance with Australian employment laws.
Authors
Find the document you need
Employment Term Sheet
An Australian-law governed document outlining key employment terms and conditions as a precursor to a full employment contract.
Download
Real Estate Purchase Letter Of Intent
An Australian preliminary property purchase document outlining the buyer's intent and key transaction terms.
Download
Letter Of Intent Share Purchase
An Australian-law governed preliminary agreement outlining the intended purchase of shares, setting forth key terms and conditions while maintaining negotiation flexibility.
Download
Business Acquisition Letter Of Intent
An Australian-law governed preliminary document outlining the proposed terms and conditions for a business acquisition, serving as a framework for negotiations and future definitive agreements.
Download
Asset Purchase Term Sheet
An Australian law-governed preliminary document outlining key terms and conditions for a proposed asset purchase transaction.
Download
Asset Acquisition Agreement
An Australian law-governed agreement for the purchase and sale of business assets, detailing terms, conditions, and obligations of the transaction.
Download
Acquisition Term Sheet
An Australian law-governed preliminary document outlining key terms and conditions for a proposed corporate acquisition, serving as a basis for detailed transaction documentation.
Download
Acquisition Purchase Agreement
An Australian law-governed agreement for the sale and purchase of a business, detailing transaction terms, warranties, and completion mechanisms.
Download
Acquisition Non Compete Agreement
An Australian law-compliant agreement preventing post-acquisition competition between the seller and the purchased business.
Download
Term Sheet For Acquisition Of Shares
An Australian law-governed preliminary document outlining key terms and conditions for a proposed share acquisition transaction, serving as the basis for definitive transaction documents.
Download
Share Acquisition Agreement
An Australian law-governed agreement for the sale and purchase of shares in a company, setting out transaction terms, warranties, and completion mechanics.
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
