Master Employment Contract Template for Australia

A comprehensive employment agreement template designed for use in Australia, compliant with the Fair Work Act 2009 and other relevant federal and state employment legislation. This document serves as a master agreement that establishes the fundamental terms and conditions of employment, including role responsibilities, compensation, benefits, leave entitlements, confidentiality obligations, and termination provisions. It incorporates essential statutory requirements while maintaining flexibility to accommodate various employment types and industry-specific needs.

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What is a Master Employment Contract?

The Master Employment Contract serves as a foundational document for establishing employment relationships in Australia, designed to ensure compliance with the Fair Work Act 2009 and related employment legislation. This template is particularly valuable for organizations seeking to maintain consistency in their employment arrangements while having the flexibility to adapt to different role requirements and industry contexts. It incorporates mandatory provisions required by Australian law, including National Employment Standards, while allowing for customization to address specific employment circumstances. The document is structured to protect both employer and employee interests, providing clear guidelines on employment terms, obligations, and entitlements.

What sections should be included in a Master Employment Contract?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the employment relationship and purpose of the agreement

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Employment Terms: Nature of employment (full-time, part-time, casual), position title, duties and responsibilities

5. Commencement and Duration: Start date, term of employment, and probationary period if applicable

6. Remuneration: Base salary, superannuation, packaging options, and review mechanisms

7. Hours of Work: Standard working hours, overtime requirements, and flexible working arrangements

8. Leave Entitlements: Annual leave, personal/carer's leave, long service leave, and other statutory leave provisions

9. Obligations and Duties: Employee's general duties, compliance requirements, and performance expectations

10. Workplace Health and Safety: WHS obligations and compliance requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property: Ownership and protection of IP created during employment

13. Termination: Grounds for termination, notice periods, and procedural requirements

14. Post-Employment Obligations: Return of company property and ongoing obligations post-employment

15. General Provisions: Governing law, entire agreement, variation, and severability clauses

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

1. Restraint of Trade: Non-compete and non-solicitation provisions, used for senior roles or where protection of business interests is crucial

2. Commission Structure: Detailed commission calculations and terms, used for sales roles or performance-based positions

3. Bonus Arrangements: Performance bonus structures and KPIs, used where additional incentive schemes apply

4. Remote Working: Terms and conditions for remote work arrangements, used where flexible working locations are permitted

5. International Travel: Terms related to international work requirements, used for roles involving overseas travel

6. Share Options: Employee share scheme participation terms, used where equity participation is offered

7. Company Vehicle: Terms of company vehicle use and maintenance, used where a vehicle is provided

8. Relocation: Relocation assistance and terms, used when employment requires geographic relocation

What schedules should be included in a Master Employment Contract?

1. Schedule 1 - Position Description: Detailed outline of role responsibilities, reporting lines, and key performance indicators

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package, including allowances and benefits

3. Schedule 3 - Company Policies: List of applicable company policies that form part of the employment terms

4. Schedule 4 - Restraint Provisions: Detailed restraint of trade terms including duration and geographic scope

5. Schedule 5 - Incentive Scheme Rules: Detailed rules and calculations for bonus or commission schemes

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

8. Appendix C - Equipment Schedule: List of company equipment provided to the employee

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

Master Agreement

Sector

Cost

Free to use

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