This Employment Agreement is a contract for use when an Australian business hires a new employee. It can be used for a range of different employment types, including full time, part time, casual, and fixed term.
This Agreement sets out all of the terms of employment, including job duties, salary and benefits, work hours, confidentiality, annual leave and various other key terms.
In many cases, once an employer chooses to take on a new employee, the parties want to get started without delay. The employer may therefore wish to first provide the employee with a letter which spells out some of the key terms more briefly. In these situations, employers may wish to use our Letter of Offer of Employment, and then to follow it up with this Employment Agreement.
However, this Employment Agreement goes into more detail about the various terms of employment and provides a more robust document so that both the employer and the employee fully understand what is expected of one another, and how the employment arrangement may develop over time (for example, by providing details of pay rises).
This Employment Agreement is not suitable for use by contractors. Instead, contractors should use our Service Agreement.
This Employment Agreement also does not take into account the requirements of modern awards or enterprise agreements. If such an award or agreement applies, then that will set out some minimum standards with which the employer must comply. The employer should therefore review any relevant awards or agreements and make sure that the terms set out in this agreement meet those minimum standards. If in doubt, the employer may consider getting legal advice.
How to use this document
This document can be used by employers that hire a new employee, whether on a full-time, part-time, fixed term, casual or some other basis.
Both the employer and the employee will need to sign the document, and keep a copy for their own records.
The Fair Work Act 2009 (Cth) applies the National Employment Standards (NES), which are a set of minimum employment standards in Australia.
In addition, each state and territory has legislation that deals with various employment matters such as occupational health and safety or discrimination.
This Employment Agreement does not take into account the requirements of modern awards or enterprise agreements. If such an award or agreement applies, then that will set out some additional minimum standards with which the employer must comply.
General principles of contract law, as provided by the common law, may also apply.
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