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Joint Employment Contract Template for Australia

This document establishes a joint employment relationship under Australian law where multiple employers share responsibility for a single employee. It comprehensively outlines the terms and conditions of employment, including the allocation of duties, responsibilities, and costs between employers, while ensuring compliance with Australian employment legislation including the Fair Work Act 2009. The contract addresses crucial aspects such as remuneration sharing, leave entitlements, reporting structures, and the specific obligations of each party, providing a clear framework for managing the complex nature of joint employment arrangements.

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What is a Joint Employment Contract?

Joint Employment Contracts are utilized when an employee needs to be formally engaged by multiple employers simultaneously, often seen in scenarios such as group companies, joint ventures, or shared service arrangements. This contract type is specifically designed to address the unique challenges and requirements of such arrangements under Australian employment law. The document carefully delineates the rights, responsibilities, and obligations of all parties involved, including the sharing of costs, allocation of work time, and management of employee benefits. It ensures compliance with relevant Australian legislation while providing clarity on practical aspects such as reporting lines, work locations, and dispute resolution procedures. The Joint Employment Contract is particularly valuable when organizations need to share specialized talent or when operational requirements necessitate formal employment relationships with multiple entities.

What sections should be included in a Joint Employment Contract?

1. Parties: Identification of all parties: the employee and all joint employers

2. Background: Context of the joint employment arrangement and the business relationship between the employers

3. Definitions: Key terms used throughout the agreement, including specific definitions related to joint employment

4. Nature of Employment: Details of employment type (full-time/part-time), classification, and relationship with each employer

5. Duties and Responsibilities: Employee's role, reporting lines to each employer, and allocation of time/duties between employers

6. Place of Work: Primary work location(s) and any arrangements for working across multiple sites

7. Hours of Work: Standard hours, allocation between employers, and flexibility arrangements

8. Remuneration: Salary/wages, payment arrangements, and proportion of costs between employers

9. Leave Entitlements: Annual, personal, long service and other leave entitlements, including how they accrue and are managed between employers

10. Superannuation: Superannuation arrangements and contributions from each employer

11. Workplace Health and Safety: WHS obligations and responsibilities of each party

12. Confidentiality: Obligations regarding confidential information of all employers

13. Intellectual Property: Ownership and rights to IP created during employment

14. Termination: Conditions and process for termination by any party

15. Post-Employment Obligations: Restraints and ongoing obligations after employment ends

16. Dispute Resolution: Process for resolving disputes between any parties

17. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and variation

What sections are optional to include in a Joint Employment Contract?

1. Commission/Bonus Structure: Include when the role involves performance-based incentives, detailing how these are calculated and allocated between employers

2. International Travel: Include when the role requires international travel, specifying arrangements and responsibilities of each employer

3. Equipment and Resources: Include when specific provisions are needed about tools, technology, or resources provided by different employers

4. Training and Development: Include when specific training requirements exist, including allocation of costs between employers

5. Secondment Provisions: Include when the arrangement involves potential secondment between employer organizations

6. Share Schemes/Employee Benefits: Include when employee is eligible for share schemes or specific benefits from any employer

7. Flexible Working Arrangements: Include when specific flexible working arrangements are part of the employment relationship

8. Garden Leave: Include for senior roles where garden leave might be required during notice periods

What schedules should be included in a Joint Employment Contract?

1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and performance expectations for each employer

2. Schedule 2 - Remuneration Structure: Detailed breakdown of salary, benefits, and cost sharing between employers

3. Schedule 3 - Employer-Specific Policies: List of applicable workplace policies from each employer

4. Schedule 4 - Time Allocation: Detailed breakdown of time allocation between employers if applicable

5. Schedule 5 - Restrictive Covenants: Detailed post-employment restrictions and non-compete obligations

6. Appendix A - Workplace Locations: Details of all workplace locations and facilities

7. Appendix B - Reporting Structure: Organizational chart showing reporting lines to each employer

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use

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