Fixed Term Employment Agreements are essential documents in Australian employment law, used when organizations need to hire employees for specific periods, projects, or seasonal work. These agreements are particularly useful for project-based roles, parental leave coverage, or seasonal peaks in business activity. The Fixed Term Employment Agreement must comply with the Fair Work Act 2009 and related legislation, including provisions for minimum employment conditions, leave entitlements, and termination arrangements. It provides both parties with clarity regarding the duration of employment, responsibilities, remuneration, and conditions, while ensuring all statutory requirements are met. This document type is commonly used across various industries and can be adapted to different position levels, from entry-level to senior management roles.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Term of Employment: Start date, end date, and any conditions for extension or early termination
5. Role and Duties: Position title, key responsibilities, reporting relationships, and work location
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, long service, and other leave entitlements as per NES
9. Probation Period: Length and terms of probationary period if applicable
10. Performance Requirements: Performance standards, review process, and KPIs
11. Confidentiality: Obligations regarding confidential information during and after 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
1. Relocation: Terms for relocation if position requires moving to different location
2. Intellectual Property: IP assignment and protection clauses for creative or technical roles
3. Commission Structure: For sales or performance-based roles with variable compensation
4. Motor Vehicle Allowance: When position requires regular use of personal vehicle
5. Working from Home: Remote work arrangements and conditions
6. Industry-Specific Compliance: Additional obligations for regulated industries
7. International Travel: Terms for roles requiring overseas travel
8. Training Requirements: Mandatory training or professional development obligations
9. Garden Leave: Provisions for placing employee on paid leave during notice period
10. Bonus Scheme: Details of any applicable bonus or incentive schemes
1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and KPIs
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package and benefits
3. Schedule 3 - Company Policies: List of applicable workplace policies and procedures
4. Schedule 4 - Statutory Statement: Fair Work Information Statement and other required notices
5. Schedule 5 - Special Conditions: Any special terms or conditions specific to the employment
6. Appendix A - Confidential Information: Definition and examples of confidential information
7. Appendix B - Company Equipment: List of company property provided to employee
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