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Mutual Agreement Employment Template for Australia

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Key Requirements PROMPT example:

Mutual Agreement Employment

"I need a Mutual Agreement Employment contract for a Senior Software Engineer in Sydney, starting March 1, 2025, with strong IP protection clauses and ability to work remotely 3 days per week."

Document background
The Mutual Agreement Employment contract serves as a foundational document in Australian employment relationships, establishing clear and legally compliant terms between employers and employees. This document is essential when formalizing new employment relationships or updating existing arrangements, incorporating requirements from the Fair Work Act 2009 and related legislation. It's designed to protect both parties' interests while ensuring compliance with Australian employment law, including National Employment Standards and relevant modern awards. The agreement covers crucial aspects such as position details, compensation, benefits, working conditions, and termination provisions, while allowing for customization based on specific role requirements and industry standards.
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. Term of Employment: Specifies whether the employment is permanent, fixed-term, or casual, and start date

5. Role and Duties: Details the position title, key responsibilities, and reporting relationships

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

7. Hours of Work: Details standard working hours, breaks, and overtime arrangements

8. Remuneration: Outlines salary/wages, payment frequency, and method of payment

9. Superannuation: Details superannuation arrangements and contribution rates

10. Leave Entitlements: Covers all types of leave including annual, personal, long service, and parental leave

11. Probation Period: Specifies length and terms of probationary period if applicable

12. Confidentiality: Defines confidential information and employee obligations

13. Intellectual Property: Addresses ownership of work created during employment

14. Termination: Details circumstances and process for ending employment

15. Post-Employment Obligations: Covers return of property and ongoing obligations

16. General Provisions: Includes governing law, entire agreement, and variation clauses

Optional Sections

1. Commission Structure: Include when role involves sales or performance-based compensation

2. Remote Work Arrangements: Include when employee has option to work remotely

3. International Travel: Include when role requires overseas travel

4. Vehicle Allowance: Include when providing company vehicle or car allowance

5. Bonus Scheme: Include when role includes performance bonuses

6. Share Options: Include when offering equity or share options

7. Training Obligations: Include when specific training requirements exist

8. Gardening Leave: Include for senior roles where garden leave might be required

9. Flexible Working Arrangements: Include when offering flexible work options

10. Additional Benefits: Include when offering specific benefits beyond standard package

Suggested Schedules

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

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

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

4. Schedule 4 - Workplace Health and Safety: Specific WHS obligations and procedures

5. Schedule 5 - IT and Communications Policy: Rules for use of company IT systems and devices

6. Appendix A - Confidential Information: Detailed list of what constitutes confidential information

7. Appendix B - Approved External Activities: List of pre-approved additional employment or activities

8. Appendix C - Performance Review Framework: Details of performance review process and criteria

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

Manufacturing

Retail

Professional Services

Education

Construction

Mining

Hospitality

Telecommunications

Media and Entertainment

Real Estate

Agriculture

Transport and Logistics

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Administration

Product Development

Quality Assurance

Strategy

Compliance

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Department Manager

Senior Software Engineer

Human Resources Manager

Sales Representative

Marketing Coordinator

Project Manager

Administrative Assistant

Operations Manager

Research Scientist

Legal Counsel

Business Analyst

Account Manager

Product Manager

Customer Service Representative

Technical Support Specialist

Finance Manager

Data Analyst

Design Engineer

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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