The Fixed Term Employment Contract is designed for situations where an organization needs to engage an employee for a specific, predetermined period. This could be for project-based work, seasonal employment, parental leave coverage, or other temporary staffing needs. The document ensures compliance with Australian employment legislation, particularly the Fair Work Act 2009 and National Employment Standards, while clearly defining the temporary nature of the engagement. It includes comprehensive details about employment terms, conditions, and obligations, making it suitable for various industries and role types. This contract type is particularly useful for organizations managing temporary workforce needs while maintaining legal compliance and protecting both employer and employee interests.
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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 contract
4. Term of Employment: Specifies the fixed term period, start and end dates, and any potential for extension
5. Role and Duties: Details the position title, key responsibilities, reporting relationships, and work location
6. Hours of Work: Specifies standard working hours, breaks, and overtime arrangements
7. Remuneration: Details base salary, superannuation, payment frequency, and review process
8. Leave Entitlements: Covers all types of leave including annual, personal/carer's, long service, and public holidays
9. Obligations and Duties: Lists employee's general duties, compliance requirements, and standard of work
10. Confidentiality: Defines confidential information and obligations to maintain confidentiality
11. Intellectual Property: Addresses ownership and rights regarding IP created during employment
12. Termination: Details circumstances for termination, notice periods, and final payment arrangements
13. Post-Employment Obligations: Covers return of company property and ongoing obligations
14. General Provisions: Includes governing law, entire agreement, and variation clauses
1. Probation Period: Include when the role requires an initial probation period to assess suitability
2. Commission Structure: Include for sales roles or positions with performance-based incentives
3. Vehicle Allowance: Include when the role requires regular use of a personal vehicle
4. Restraint of Trade: Include for senior roles or positions with access to sensitive information/clients
5. Flexible Working Arrangements: Include when offering hybrid or remote working options
6. KPIs and Performance Measures: Include when specific performance metrics are crucial to the role
7. Travel Requirements: Include when the role involves regular travel and related arrangements
8. Equipment and Tools: Include when providing specific company equipment or technology
9. Professional Development: Include when offering specific training or development opportunities
10. Bonus Scheme: Include when offering performance-based bonuses or incentives
1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and requirements
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package and benefits
3. Schedule 3 - Company Policies: List of applicable workplace policies and procedures
4. Schedule 4 - Performance Criteria: Specific KPIs and performance expectations if applicable
5. Appendix A - Confidential Information: Detailed list of what constitutes confidential information
6. Appendix B - IT Usage Policy: Specific requirements for use of company IT systems and equipment
7. Appendix C - Workplace Health and Safety: Specific WHS obligations and procedures
8. Appendix D - Benefits Schedule: Details of any additional benefits or allowances
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