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Employment Agreement Template for Australia

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Key Requirements PROMPT example:

Employment Agreement

"I need an Australian Employment Agreement for a senior software developer role starting March 1, 2025, including remote work provisions and intellectual property clauses suitable for a technology company."

Document background
The Employment Agreement serves as the foundational document for establishing formal employment relationships in Australia. It is essential for any business engaging employees, from small enterprises to large corporations, and is designed to comply with Australian employment law, particularly the Fair Work Act 2009 and related legislation. This agreement should be used whenever a new employee is hired or when significantly modifying an existing employment relationship. It encompasses crucial information including role specifications, compensation, benefits, workplace policies, and termination provisions, while incorporating mandatory requirements under Australian law such as National Employment Standards. The document provides clarity and protection for both employer and employee, helping prevent future disputes and ensuring all parties understand their rights and obligations.
Suggested Sections

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 agreement

4. Position and Duties: Details of the role, position title, reporting lines, and key responsibilities

5. Commencement and Term: Start date, employment status (permanent/fixed-term), and probation period if applicable

6. Location and Hours of Work: Primary work location and standard working hours

7. Remuneration: Base salary, superannuation, payment frequency, and review process

8. Leave Entitlements: Details of annual leave, personal/carer's leave, long service leave, and other statutory leave

9. Obligations and Duties: Employee's general duties, compliance requirements, and performance expectations

10. Confidentiality: Obligations regarding confidential information during and after employment

11. Intellectual Property: Ownership and rights regarding IP created during employment

12. Termination: Notice periods, grounds for termination, and final payment arrangements

13. Post-Employment Obligations: Ongoing obligations after employment ends

14. General Provisions: Governing law, entire agreement, variation, and severability clauses

15. Execution: Signing provisions and attestation

Optional Sections

1. Bonus and Incentives: Include when the role includes performance bonuses or commission structures

2. Restraint of Trade: Include for senior roles or when protecting customer relationships/confidential information is crucial

3. Company Policies: Include when specific workplace policies need to be contractually binding

4. Motor Vehicle: Include when a company vehicle is provided

5. Working from Home: Include when remote work arrangements are permitted

6. International Travel: Include when the role requires overseas travel

7. Gardening Leave: Include for senior executives or sensitive roles

8. Share Options: Include when employee is offered equity participation

9. Relocation: Include when relocation assistance is provided

10. Additional Benefits: Include when offering specific benefits like health insurance or phone allowance

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of role, responsibilities, and KPIs

2. Schedule 2 - Remuneration Details: Breakdown of salary package, allowances, and benefits

3. Schedule 3 - Company Policies: List of applicable workplace policies

4. Schedule 4 - Restraint Provisions: Detailed restraint of trade terms including duration and geographical area

5. Schedule 5 - Equipment and Resources: List of company equipment provided to employee

6. Appendix A - Fair Work Information Statement: Mandatory information statement under Fair Work Act

7. Appendix B - Superannuation Choice Form: Employee's choice of superannuation fund

8. Appendix C - Tax File Number Declaration: Required tax documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses











































Relevant Industries

Technology

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Construction

Mining

Hospitality

Transport and Logistics

Agriculture

Media and Entertainment

Telecommunications

Real Estate

Energy and Utilities

Non-Profit

Government

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Customer Service

Research and Development

Administration

Business Development

Product Management

Quality Assurance

Supply Chain

Public Relations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

General Manager

Department Manager

Team Leader

Project Manager

Software Developer

Account Manager

Sales Representative

Administrative Assistant

Human Resources Manager

Marketing Coordinator

Operations Manager

Financial Analyst

Customer Service Representative

Technical Support Specialist

Research Analyst

Business Development Manager

Executive Assistant

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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