Rolling Contract Employment Template for Australia

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Key Requirements PROMPT example:

Rolling Contract Employment

"I need a Rolling Contract Employment agreement for a Senior Software Developer position in our Sydney tech startup, starting March 1, 2025, with provisions for remote work, intellectual property protection, and a quarterly performance-based bonus structure."

Document background
This Rolling Contract Employment agreement template is designed for use in the Australian employment context where parties wish to establish an ongoing employment relationship with automatic renewal provisions. It is particularly suitable for organizations seeking to maintain flexibility while providing employment security. The document incorporates all requirements under the Fair Work Act 2009 and related Australian employment legislation, including National Employment Standards and relevant Modern Awards. It's structured to accommodate various employment scenarios while ensuring proper protection of both employer and employee interests through comprehensive terms and conditions. The rolling contract format allows for continued employment without the need for regular renewal, while maintaining provisions for modification or termination as required.
Suggested Sections

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. Engagement: Nature of employment, position title, duties and responsibilities

5. Commencement and Duration: Start date and rolling contract terms including renewal provisions

6. Probation Period: Length and terms of the initial probationary period

7. Hours of Work: Standard working hours, flexibility arrangements, and overtime provisions

8. Remuneration: Base salary, payment frequency, and review mechanisms

9. Superannuation: Superannuation contribution arrangements and fund details

10. Leave Entitlements: All types of leave including annual, personal, long service, and parental leave

11. Work Location: Primary work location and any flexibility arrangements

12. Duties and Performance: Key responsibilities, reporting lines, and performance expectations

13. Confidentiality: Protection of confidential information and trade secrets

14. Intellectual Property: Ownership and rights to work-created intellectual property

15. Termination: Notice periods, grounds for termination, and process

16. Post-Employment Obligations: Return of company property and ongoing obligations

17. Governing Law: Applicable law and jurisdiction

18. Execution: Signature blocks and execution details

Optional Sections

1. Commission Structure: Include when role includes sales or performance-based incentives

2. Bonus Arrangements: Include when offering performance or other bonuses

3. Car Allowance: Include when providing vehicle or transport benefits

4. Restraint of Trade: Include for senior roles or when protecting client relationships

5. Remote Working: Include when allowing regular work from home or remote arrangements

6. International Travel: Include when role requires overseas travel

7. Professional Development: Include when offering specific training or development benefits

8. Share Options: Include when offering equity participation

9. Relocation: Include when providing relocation assistance

10. Garden Leave: Include for senior executives or sensitive roles

Suggested Schedules

1. Position Description: Detailed outline of role responsibilities and requirements

2. Remuneration Package: Breakdown of salary components and benefits

3. Company Policies: List of applicable workplace policies

4. IT and Communications Policy: Guidelines for use of company systems and devices

5. Workplace Health and Safety Policy: Key WHS obligations and procedures

6. Performance Metrics: KPIs and performance measurement criteria

7. Restraint Provisions: Detailed non-compete and non-solicitation terms if applicable

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Professional Services

Financial Services

Technology

Healthcare

Education

Manufacturing

Retail

Construction

Mining

Hospitality

Telecommunications

Media and Entertainment

Government

Non-Profit

Agriculture

Transport and Logistics

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Customer Service

Research and Development

Administration

Business Development

Product Development

Quality Assurance

Project Management Office

Corporate Communications

Relevant Roles

Chief Executive Officer

Managing Director

General Manager

Department Head

Senior Manager

Project Manager

Technical Specialist

Professional Staff

Administrative Officer

Sales Representative

Customer Service Representative

Operations Manager

Human Resources Manager

Financial Controller

Marketing Manager

IT Specialist

Research Analyst

Business Development Manager

Account Manager

Consultant

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships, including minimum employment standards, rights and responsibilities of employers and employees, and unfair dismissal provisions
National Employment Standards (NES): Ten minimum employment entitlements that must be provided to all employees, including maximum weekly hours, leave entitlements, and notice of termination
Work Health and Safety Act 2011: Legislation ensuring workplace health and safety obligations and responsibilities of employers to maintain a safe working environment
Privacy Act 1988 (Cth): Governs the handling of personal information of employees and the privacy obligations of employers
Superannuation Guarantee (Administration) Act 1992: Mandates employer contributions to employee superannuation funds and related obligations
Anti-Discrimination Laws: Various federal and state laws preventing workplace discrimination, including Age Discrimination Act 2004, Sex Discrimination Act 1984, and Racial Discrimination Act 1975
Modern Awards: Industry-specific minimum employment conditions that may apply depending on the employee's role and industry
Income Tax Assessment Act 1997: Governs taxation obligations related to employment income and employer responsibilities for tax withholding
Long Service Leave Acts: State-specific legislation governing long service leave entitlements
Workers Compensation Laws: State-specific laws governing workers compensation insurance and workplace injury management
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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