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Commission Based Employment Contract

Commission Based Employment Contract Template for Australia

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Key Requirements PROMPT example:

Commission Based Employment Contract

"I need a Commission Based Employment Contract for a real estate sales agent in Sydney, with a 50% commission structure on all successful property sales, starting March 1, 2025. The contract should include a three-month probation period and standard non-compete clauses."

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Document background
The Commission Based Employment Contract is essential for businesses operating in Australia that employ sales professionals or other personnel whose compensation is primarily based on commission. This document is designed to comply with Australian employment law, including the Fair Work Act 2009 and relevant Modern Awards, while establishing clear parameters for commission-based compensation. It is particularly relevant for industries where performance-based pay is standard practice, such as real estate, financial services, and retail sales. The contract includes comprehensive provisions for commission structures, performance metrics, payment schedules, and statutory entitlements, ensuring both employer and employee interests are protected while maintaining compliance with Australian workplace regulations.
Suggested Sections

1. Parties: Identifies the employer and employee, including their full legal names, addresses, and ACN/ABN where applicable

2. Background: Brief context of the employment arrangement and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement, particularly commission-related terminology

4. Position and Duties: Details the employee's role, responsibilities, reporting lines, and performance expectations

5. Commission Structure: Core commission calculation methodology, targets, and payment terms

6. Base Salary and Benefits: Any guaranteed base salary, superannuation, and standard benefits

7. Term and Hours of Work: Employment duration (if fixed-term) and working hours arrangements

8. Leave Entitlements: Annual, personal, long service and other leave entitlements as per National Employment Standards

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property: Ownership and protection of IP created during employment

11. Non-Compete and Non-Solicitation: Post-employment restrictions on competition and client/employee solicitation

12. Termination: Grounds for termination, notice periods, and consequences

13. General Provisions: Standard legal clauses including governing law, entire agreement, and variation

Optional Sections

1. Probationary Period: Include when the employer wants to implement an initial trial period

2. Company Property: Include when employee is provided with significant company equipment or resources

3. Remote Work Arrangements: Include for roles with work-from-home or hybrid arrangements

4. Bonus Structure: Include if additional bonus schemes exist beyond commission

5. International Travel: Include for roles requiring overseas travel

6. Team Management: Include for roles with supervisory responsibilities

7. Performance Review Process: Include when formal review processes affect commission structures

8. Clawback Provisions: Include when commission payments may need to be returned under certain circumstances

Suggested Schedules

1. Commission Calculations: Detailed formulas and examples of commission calculations

2. Sales Territories: Definition of geographical or client territories if applicable

3. Product/Service Lines: List of products/services and associated commission rates

4. KPIs and Targets: Detailed performance metrics and targets

5. Reporting Requirements: Templates and timing for sales and commission reports

6. Employee Benefits: Detailed description of additional benefits and eligibility criteria

7. Company Policies: Key workplace policies affecting the employment relationship

8. Commission Payment Schedule: Timing and process for commission payments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions













































Clauses






































Relevant Industries

Real Estate

Financial Services

Insurance

Retail

Technology Sales

Telecommunications

Automotive Sales

Recruitment

Advertising

Medical Device Sales

Pharmaceutical Sales

Professional Services

Relevant Teams

Sales

Business Development

Account Management

Commercial

Revenue

Human Resources

Legal

Finance

Payroll

Compliance

Relevant Roles

Sales Representative

Business Development Manager

Real Estate Agent

Insurance Broker

Recruitment Consultant

Account Executive

Sales Manager

Commission-Only Sales Agent

Financial Advisor

Mortgage Broker

Territory Sales Manager

Channel Partner Manager

Sales Consultant

Commercial Property Agent

Business Broker

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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