General Employment Contract Template for Australia

An Australian General Employment Contract is a legally binding agreement that establishes the employment relationship between an employer and employee under Australian federal and state laws. The document incorporates mandatory provisions from the Fair Work Act 2009 and other relevant legislation, setting out essential terms and conditions including role responsibilities, compensation, benefits, working hours, leave entitlements, and termination procedures. It ensures compliance with National Employment Standards while providing flexibility to accommodate specific industry requirements and organizational needs.

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What is a General Employment Contract?

A General Employment Contract is essential for formalizing employment relationships in Australia and ensuring compliance with relevant employment legislation. This document should be used when hiring new employees or updating terms for existing staff members, providing a clear framework for the employment relationship. It incorporates mandatory requirements under the Fair Work Act 2009 and National Employment Standards, while allowing customization for specific roles and industries. The contract typically covers essential elements such as employment terms, compensation, benefits, duties, leave entitlements, and termination provisions, serving as a fundamental reference point for both employer and employee throughout the employment relationship.

What sections should be included in a General Employment Contract?

1. Parties: Identifies the employer and employee with full legal names and addresses

2. Background: Brief context about the employment relationship and purpose of the agreement

3. Definitions: Defines key terms used throughout the contract

4. Employment Basics: Position title, employment type (full-time/part-time/casual), commencement date, probation period

5. Duties and Responsibilities: Main duties, reporting lines, and performance expectations

6. Place of Work: Primary work location and any flexibility arrangements

7. Hours of Work: Standard working hours, breaks, overtime requirements

8. Remuneration: Base salary, superannuation, payment frequency, review process

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

10. Confidentiality: Obligations regarding confidential information during and after employment

11. Intellectual Property: Ownership and rights regarding work-created IP

12. Termination: Notice periods, grounds for termination, final payment provisions

13. Post-Employment Obligations: Return of company property, ongoing confidentiality obligations

14. General Provisions: Governing law, entire agreement, variation, severability

What sections are optional to include in a General Employment Contract?

1. Commission Structure: For sales roles or positions with performance-based pay components

2. Bonus Arrangements: For positions eligible for discretionary or performance bonuses

3. Remote Work Provisions: For roles with work-from-home or remote work arrangements

4. Travel Requirements: For positions requiring regular business travel

5. Non-Compete Clause: For senior positions or roles with access to sensitive information

6. Share Options: For positions eligible for employee share schemes

7. Additional Benefits: For positions with car allowance, phone allowance, or other benefits

8. Flexible Working Arrangements: For arrangements outside standard working patterns

9. International Work: For roles involving international assignments or travel

What schedules should be included in a General Employment Contract?

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

2. Schedule 2 - Remuneration Details: Breakdown of salary package, allowances, and benefits

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

4. Schedule 4 - Bonus Calculation Method: Detailed explanation of how bonuses are calculated and paid

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

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

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

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Cost

Free to use

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