A Job Contract Agreement is a fundamental document used when establishing formal employment relationships in Australia. This agreement is essential for both new hires and existing employees receiving updated terms. The contract ensures compliance with Australian employment legislation, particularly the Fair Work Act 2009, while protecting both employer and employee interests. It covers crucial aspects including role responsibilities, compensation, benefits, working conditions, and termination provisions. The document should be customized based on the employment type (permanent, fixed-term, or casual), industry requirements, and specific role characteristics, while maintaining compliance with National Employment Standards and relevant modern awards or enterprise agreements.
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1. Parties: Identifies the employer and employee with their 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 agreement
4. Position and Duties: Details of the role, position title, reporting relationships and key responsibilities
5. Commencement and Term: Start date and nature of employment (permanent, fixed-term, casual)
6. Probation Period: Length and terms of the probationary period
7. Location and Hours of Work: Primary work location and standard working hours
8. Remuneration: Salary, superannuation, payment frequency and review provisions
9. Leave Entitlements: Annual leave, personal/carer's leave, long service leave and other leave provisions
10. Company Policies: Reference to and incorporation of workplace policies
11. Confidentiality: Obligations regarding confidential information
12. Intellectual Property: Ownership and rights over IP created during employment
13. Termination: Notice periods and grounds for termination
14. Post-Employment Obligations: Return of company property and ongoing obligations
15. General Provisions: Governing law, entire agreement, variation, and severability clauses
1. Commission Structure: Include for sales roles or positions with performance-based incentives
2. Flexible Working Arrangements: Include when offering hybrid or remote working options
3. Motor Vehicle Allowance: Include when providing company vehicle or travel reimbursement
4. Restraint of Trade: Include for senior positions or roles with access to sensitive information
5. Bonus Scheme: Include when offering performance bonuses or incentive schemes
6. International Travel: Include for roles requiring overseas travel
7. Study Assistance: Include when offering education or professional development support
8. Relocation Provisions: Include when offering relocation assistance
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
4. Schedule 4 - Commission Structure: Detailed commission calculations and targets (if applicable)
5. Schedule 5 - Restraint Provisions: Detailed restraint periods and geographical areas (if applicable)
6. Appendix A - Confidential Information: Definition and examples of confidential information
7. Appendix B - Approved Outside Activities: List of pre-approved external commitments or directorships
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