The Domestic Contract Of Employment is a fundamental legal document used in Australia to formalize the employment relationship between an employer and employee. It serves as the primary reference point for employment terms and conditions, incorporating requirements from the Fair Work Act 2009, relevant modern awards, and other applicable Australian legislation. This document should be used when hiring new employees or updating terms for existing staff, ensuring all statutory obligations are met while protecting both parties' interests. It includes essential provisions such as employment terms, compensation, leave entitlements, and termination procedures, tailored to comply with Australian employment law requirements. The contract can be customized for various employment types, from permanent full-time to casual arrangements, while maintaining compliance with legal minimums and industry standards.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the contract defined for clarity
4. Position and Duties: Job title, role description, reporting relationships and key responsibilities
5. Commencement and Term: Start date, employment status (permanent/fixed-term), and probation period if applicable
6. Location and Hours: Primary work location and standard working hours, including any flexibility arrangements
7. Remuneration: Base salary, superannuation, payment intervals, and review processes
8. Leave Entitlements: All statutory leave entitlements including annual, personal/carer's, long service and other leave types
9. Obligations and Duties: Employee's general duties, compliance requirements, and professional conduct expectations
10. Confidentiality: Obligations regarding confidential information during and after employment
11. Intellectual Property: Ownership and rights regarding IP created during employment
12. Termination: Notice periods, grounds for termination, and final payment arrangements
13. Post-Employment Obligations: Ongoing obligations after employment ends
14. General Provisions: Standard contract clauses including governing law, entire agreement, and variation procedures
1. Commission/Bonus Structure: Include when role includes performance-based pay or incentives
2. Working from Home: Include when regular remote work is permitted
3. Company Vehicle: Include when a company vehicle is provided
4. Restraint of Trade: Include for senior roles or when employee has access to sensitive information/clients
5. International Travel: Include when role requires overseas travel
6. Share Options/Employee Benefits: Include when additional benefits or equity arrangements are offered
7. KPIs and Performance Measures: Include when specific performance metrics are part of the role
8. Training and Development: Include when specific training requirements or professional development commitments exist
1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and requirements
2. Schedule 2 - Remuneration Package: Breakdown of salary components, benefits, and allowances
3. Schedule 3 - Company Policies: List of applicable workplace policies the employee must comply with
4. Schedule 4 - IT and Communications Systems: Rules and procedures for using company IT systems and equipment
5. Appendix A - Confidential Information: Specific details of what constitutes confidential information
6. Appendix B - Restraint Provisions: Detailed restraint of trade terms including geographical and temporal limits
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