The Pre-Hire Agreement is a critical document used in Australian employment contexts when there is a need to formalize arrangements between an employer and a potential employee before the commencement of actual employment. This document is particularly relevant when there is a significant gap between offer acceptance and employment start date, or when specific conditions must be met before employment can commence. The agreement typically includes provisions for confidentiality, intellectual property protection, pre-employment checks, and any conditional requirements. It's designed to comply with Australian employment law, including the Fair Work Act 2009, privacy legislation, and anti-discrimination laws. The Pre-Hire Agreement is distinct from an employment contract and serves to protect both parties' interests during the pre-employment phase while clearly establishing that it does not guarantee employment.
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1. Parties: Identifies the potential employer and the candidate, including their full legal names and addresses
2. Background: Sets out the context of the agreement, including the proposed role and any conditional nature of the potential employment
3. Definitions: Defines key terms used throughout the agreement
4. Term: Specifies the duration of the pre-hire agreement and any conditions affecting its termination
5. Pre-Employment Conditions: Lists the conditions that must be satisfied before formal employment can commence
6. Confidentiality Obligations: Details the candidate's obligations regarding confidential information accessed during the pre-hire period
7. Intellectual Property: Addresses ownership and protection of any intellectual property created or accessed during the pre-hire period
8. No Employment Guarantee: Clearly states that the agreement does not constitute an employment contract or guarantee of employment
9. General Provisions: Standard legal provisions including governing law, entire agreement, and amendment procedures
1. Relocation Assistance: Details any relocation support offered to candidates who need to relocate for the potential role
2. Training Commitments: Outlines any pre-employment training requirements and associated commitments
3. Expenses: Specifies arrangements for reimbursement of pre-employment expenses such as medical checks or certification costs
4. Non-Competition: Includes restrictions on working with competitors during the pre-hire period, if relevant to the industry or role
5. Background Checks: Details the types and process of background checks required before employment can commence
6. Medical Examinations: Specifies any required medical examinations or health assessments
7. Work Rights Verification: Details requirements for proving right to work in Australia, particularly relevant for international candidates
1. Schedule 1 - Position Description: Detailed description of the proposed role, including responsibilities and requirements
2. Schedule 2 - Pre-Employment Conditions Checklist: Comprehensive list of all conditions that must be met before employment can commence
3. Schedule 3 - Confidential Information: Specific details of confidential information that the candidate may have access to
4. Schedule 4 - Pre-Employment Timeline: Timeline of key dates and milestones in the pre-employment process
5. Appendix A - Required Documentation: List of documents the candidate must provide before employment can commence
6. Appendix B - Compliance Certificates: Templates or examples of required compliance certificates or qualifications
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