A Regular Contract Of Employment is a fundamental legal document used in Australian workplaces to formalize the employment relationship between an employer and employee. This document should be used when hiring new permanent employees (whether full-time or part-time) or when updating terms for existing employees. The contract ensures compliance with Australian employment law, including the Fair Work Act 2009, relevant modern awards, and National Employment Standards. It covers essential employment terms such as position details, remuneration, working conditions, and obligations of both parties. The document provides legal protection for both employer and employee while establishing clear expectations for the employment relationship.
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1. Parties: Identifies the employer and employee with 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. Position and Duties: Details of the role, title, and key responsibilities
5. Commencement and Term: Start date and nature of employment (permanent/fixed-term)
6. Probation Period: Length and terms of the probationary period
7. Location and Hours: Primary work location and standard working hours
8. Remuneration: Salary/wages, payment frequency, and review provisions
9. Superannuation: Superannuation contribution arrangements
10. Leave Entitlements: All types of leave including annual, personal, long service
11. Confidentiality: Obligations regarding confidential information
12. Intellectual Property: Ownership and rights to work-created IP
13. Termination: Notice periods and grounds for termination
14. Post-Employment Obligations: Return of property and ongoing obligations
15. General Provisions: Standard contract clauses including governing law
1. Commission Structure: For sales roles or positions with performance-based pay
2. Remote Work Provisions: For positions allowing work from home or remote locations
3. Non-Compete Clause: For senior positions or roles with access to sensitive information
4. Travel Requirements: For positions requiring regular travel
5. Bonus Arrangements: For positions eligible for performance or other bonuses
6. Share Options: For positions including equity-based compensation
7. Flexible Working Arrangements: For positions with non-standard working patterns
8. International Work: For roles involving international assignments
9. Professional Development: For positions with specific training or development programs
10. Car Allowance: For positions providing vehicle benefits
1. Schedule 1 - Position Description: Detailed outline of 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
4. Schedule 4 - Performance Criteria: KPIs and performance expectations
5. Appendix A - Workplace Health and Safety: Specific WHS obligations and procedures
6. Appendix B - IT and Communications Policy: Rules for use of company systems and devices
7. Appendix C - Expense Policy: Guidelines for work-related expenses and reimbursement
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