The General Manager Contract Of Employment is designed for use when appointing senior executives to General Manager positions within Australian organizations. This contract should be used when engaging individuals who will have significant operational responsibility and strategic input into the business, typically reporting to C-level executives or the Board. It includes comprehensive provisions addressing remuneration packages, performance expectations, confidentiality obligations, and post-employment restrictions, while ensuring compliance with Australian employment law, including the Fair Work Act 2009 and relevant state legislation. The contract is particularly suitable for organizations requiring a robust employment agreement that protects company interests while offering competitive terms to attract and retain senior management talent.
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1. Parties: Identification of the employer entity and the General Manager
2. Background: Context of the appointment and basic premises of the agreement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Appointment and Term: Position details, commencement date, and term of employment (fixed/ongoing)
5. Duties and Responsibilities: Core responsibilities, reporting lines, and performance expectations
6. Location and Hours: Primary work location and expected working hours/flexibility
7. Remuneration: Base salary, superannuation, and review mechanisms
8. Incentives and Benefits: Short-term and long-term incentives, benefits package details
9. Leave Entitlements: Annual, personal, long service and other leave entitlements
10. Confidential Information: Definition and protection of confidential information
11. Intellectual Property: Ownership and protection of IP created during employment
12. Conflicts of Interest: Obligations regarding conflicts and outside interests
13. Termination: Grounds for termination, notice periods, and consequences
14. Post-Employment Obligations: Restraint of trade and non-solicitation provisions
15. General Provisions: Standard boilerplate clauses including governing law
1. Probationary Period: Include if the role will have an initial probation period
2. Equity Participation: Include if the GM will participate in share schemes or option plans
3. International Travel: Include if role requires significant international travel
4. Relocation: Include if role involves relocation assistance
5. Acting Arrangements: Include if GM may need to act in higher roles
6. Company Vehicle: Include if a company vehicle is provided
7. Change of Control: Include provisions for company ownership changes
8. Garden Leave: Include specific garden leave provisions if desired
1. Schedule 1 - Position Description: Detailed outline of role, responsibilities and KPIs
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary package and benefits
3. Schedule 3 - Short-Term Incentive Plan: Details of annual bonus structure and criteria
4. Schedule 4 - Long-Term Incentive Plan: Details of any long-term incentives or equity plans
5. Schedule 5 - Company Policies: List of key policies the GM must comply with
6. Schedule 6 - Restraint Provisions: Detailed restraint of trade terms and cascading provisions
7. Appendix A - Statutory Entitlements: Summary of relevant statutory entitlements
8. Appendix B - Expense Policy: Guidelines for business expense claims and limits
Is a General Manager Contract of Employment legally binding in Australia?
Yes, a properly executed General Manager Contract of Employment is legally binding in Australia under contract law and the Fair Work Act 2009. The contract must include essential terms like position, remuneration, and notice periods, and cannot override minimum entitlements under the National Employment Standards. Both parties are legally obligated to fulfill their contractual duties once signed.
Do I need a lawyer to create a General Manager Contract of Employment in Australia?
While not legally required, it's highly recommended to engage a lawyer for General Manager contracts due to their complexity and senior-level implications. Employment lawyers ensure compliance with the Fair Work Act 2009, proper drafting of restraint clauses, and protection of both parties' interests. The cost of legal advice is typically justified given the potential risks and financial exposure.
Can I dismiss a General Manager without a written employment contract in Australia?
Dismissing a General Manager without a written contract creates significant legal risks under Australian employment law. Without clear terms, disputes may arise over notice periods, severance pay, and grounds for dismissal. The Fair Work Act still applies, but proving the employment relationship details becomes more difficult and expensive in potential unfair dismissal claims.
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