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Minimum Term Employment Contract Template for Australia

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Key Requirements PROMPT example:

Minimum Term Employment Contract

"I need a Minimum Term Employment Contract for a Senior Software Developer role in our Sydney tech startup, with a 2-year fixed term starting March 1, 2025, including provisions for remote work and share options."

Document background
The Minimum Term Employment Contract is designed for use in the Australian employment context where parties wish to establish a guaranteed period of employment. This document is particularly suitable for project-based roles, senior positions, or situations where both employer and employee seek commitment for a specific duration. It incorporates all requirements under the Fair Work Act 2009 and related Australian employment legislation, including National Employment Standards (NES) and relevant Modern Awards. The contract typically includes comprehensive terms covering employment conditions, responsibilities, remuneration, benefits, and termination provisions, while ensuring compliance with state and federal employment laws. It's structured to protect both employer and employee interests while providing clarity on the minimum duration of the employment relationship.
Suggested Sections

1. Parties: Identifies the employer and employee with their full legal names and addresses

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

3. Definitions and Interpretation: Defines key terms used throughout the contract and explains how the contract should be interpreted

4. Term of Employment: Specifies the minimum term duration, start date, and any probationary period

5. Role and Duties: Details the employee's position, responsibilities, and reporting relationships

6. Place of Work: Specifies the primary work location and any flexibility arrangements

7. Hours of Work: Details standard working hours, overtime requirements, and break entitlements

8. Remuneration: Specifies salary, superannuation, payment frequency, and review procedures

9. Leave Entitlements: Details all leave types including annual, personal, long service, and other statutory leave

10. Workplace Policies: References to applicable workplace policies and procedures

11. Confidentiality: Obligations regarding confidential information and trade secrets

12. Intellectual Property: Rights and obligations regarding IP created during employment

13. Termination: Grounds for termination, notice periods, and procedures

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

15. General Provisions: Standard contract clauses including governing law, entire agreement, and variation

Optional Sections

1. Commission Structure: For sales roles or positions with performance-based incentives

2. Remote Work Arrangements: For positions that allow working from home or remote locations

3. International Travel: For roles requiring overseas travel or assignments

4. Motor Vehicle Allowance: For positions requiring use of personal vehicle or company car

5. Restraint of Trade: Non-compete and non-solicitation provisions for senior or specialist roles

6. Bonus Scheme: Details of any discretionary or performance-based bonus arrangements

7. Share Options: For positions offering equity participation or share options

8. Flexible Working Arrangements: For arrangements involving non-standard working patterns

9. Garden Leave: For senior positions where garden leave might be required during notice periods

10. Relocation: When the role involves relocation or transfer between locations

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and key performance indicators

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary components, allowances, and benefits

3. Schedule 3 - Company Policies: List of applicable company policies and procedures

4. Schedule 4 - Bonus Calculation: Formula and terms for calculating performance-based bonuses

5. Schedule 5 - Restraint Provisions: Detailed terms of any non-compete or non-solicitation restrictions

6. Appendix A - Statutory Statement: Fair Work Information Statement and other required statutory notices

7. Appendix B - Equipment List: List of company equipment provided to the employee

8. Appendix C - Approved External Activities: List of pre-approved external commitments or directorships

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

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Human Resources

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Relevant Roles

Chief Executive Officer

Department Manager

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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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