Australian Contracts of Employment Bundle
Contracts of Employment Bundle is a very cost effective way of having all your contracts ready for all types of situations in employment of staff.
This comprehensive Bundle Includes:-
Employment Contract set out as a Deed, with introduction and operative part.
- Employment, Duties, Obligations
- No Competition clause
- Faithful service
- Annual, Long Service, Sick Leave
- Return of company property after termination
- Post-termination competition restrictions
- Whole agreement
- Proper law
- No approaches to employees or directors of the company
6 pages long.
Employment Contract with Schedule
Employment Contract with variables in a Schedule, with introduction and operative part.
- Commencement of Employment Date and Term
- Job Title and Description of Employment
- Place of Work of Employment
- Time of Work
- Salary, Deductions and Expenses
- Annual Leave
- Avoiding Conflict of Opportunities
- Confidential Information
- Termination of Employment Contract
- Notices and Contact Information
- Modification of Agreement
- Governing Law
- General Provisions
The Schedule contains information relating to:
- Commencement date:
- Hours of work:
- Job Description:
- Weekly wage “the Salary”:
- Annual leave:
Letter (offer) Confirming Employment + Schedule
Benefits of well written employment contracts include: Regulating the taking of leave entitlements. Inclusion of enforceable non-compete, restraint of trade and non-solicitation clauses to protect an employer’s legitimate commercial interests, other employees as well as business customers.
Contract for BDM
Employment Contract Agreement for a Business Development Manager (BDM) with incentives for performance. In the form of a letter confirming employment. The letter confirms that employment is being offered, and sets out the full terms.
The terms offer a sales position and include details of:
- Commission structure
- Commission accelerators
- Critical Success Factors
- Key Performance Indicators
Remuneration package is made up of salary and non salary items such as payment of expenses. Also covers the usual topics relating to employment such as:
- Salary review
- Probationary period
- Hours of work
- Annual leave, long service leave
- Sick leave
- Skill, training, presentation
- Intellectual property
The document concludes with a recital by the employee indicating their agreement to the terms by signing and returning a copy of the letter.
14 pages long.
Employee Restraint of Trade Agreement
Employee restraint of trade deed. To be used when hiring an employee. Includes provisions dealing with:
- Conflict Of Interest
- Further assurance
- Governing law and jurisdiction
- Service of notices
- Survival & merger
Intended to be used in an employment context, to protect the goodwill and trade secrets of the employer.
5 pages long.
Deed of Release of Termination
A Deed of Release on termination of employment is a general release on termination of employment due to redundancy. Employee acknowledges acceptance of terms of redundancy. Employee undertakes to: return all property, maintain confidentiality and acknowledges they have had the opportunity to consider the package and obtain independent legal advice.
2 pages long
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What are the National Employment Standards?
The National Employment Standards (NES) are the 10 minimum standards of employment which cover the following:
- Maximum weekly hours of work – 38 hours per week, plus reasonable additional hours.
- Requests for flexible working arrangements – certain employees can ask to change their working arrangement.
- Parental leave and related entitlements – up to 12 months unpaid leave and the right to ask for an extra 12 months unpaid leave. Also includes adoption‑related leave.
- Annual leave – four weeks paid leave per year, plus an additional week for some shift workers.
- Personal/carer’s leave, compassionate leave, and family and domestic violence leave – 10 days paid personal/carer’s leave, two days unpaid carer’s leave as required, two days compassionate leave as required and five days unpaid family and domestic violence leave (in a 12-month period).
- Community service leave – unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service.
- Long service leave – paid leave for employees who have been with the same employer for a long time.
- Public holidays – a paid day off on a public holiday (unpaid for casuals), except where reasonably requested to work.
- Notice of termination and redundancy pay – up to 5 weeks notice of termination and up to 16 weeks redundancy pay, both based on length of service.
- Provision of a Fair Work Information Statement – must be provided by employers to all new employees.
The NES apply to all employees covered by the national workplace relations system, however only certain entitlements apply to casual employees.
- maximum weekly hours
- two days unpaid carer’s leave and two days unpaid compassionate leave per occasion
- five days unpaid family and domestic violence leave (in a 12-month period)
- community service leave (except paid jury service)
- public holidays
- provision of the Fair Work Information Statement.
In addition, casual employees who have been employed for at least 12 months by an employer on a regular and systematic basis and with an expectation of ongoing employment are entitled to:
- make requests for flexible working arrangements
- parental leave and related entitlements.
There are also two NES that apply to all full‑time and part‑time employees, whether they are covered by the national workplace relations system or not. These are:
- parental leave and related entitlements
- notice of termination.
Terms in awards, registered agreements and employment contracts cannot exclude or provide for an entitlement less than the NES, and those that do have no effect. However, they can affect the operation of the NES in certain ways.
For example, they may specify terms that deal with:
- averaging an employee’s ordinary hours of work
- the cashing out and taking of paid annual leave
- the cashing out of paid personal/carer’s leave
- extra personal/carer’s leave or annual leave in exchange for foregoing an equivalent amount of pay
- the substitution of public holidays
- situations in which redundancy entitlements do not apply.
They may also supplement the NES by providing entitlements that are more favourable for employees.
A contravention of the NES may result in penalties of up to $13,320 for an individual and $66,600 for a corporation.