At Will Contract Generator for Australia

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Key Requirements PROMPT example:

At Will Contract

"I need an At Will Contract for a senior software developer in our Sydney office, starting March 1, 2025, with specific provisions for intellectual property protection and the option to work remotely 2 days per week."

Document background
This At Will Contract template has been developed for use in the Australian employment context, although it's important to note that true "at will" employment as known in some other jurisdictions does not exist in Australia due to statutory protections. The document is designed to provide maximum flexibility within the constraints of Australian employment law, particularly the Fair Work Act 2009 and National Employment Standards. It is suitable for businesses seeking to establish clear employment relationships while maintaining as much flexibility as legally permitted in areas such as role modification, working arrangements, and termination (subject to mandatory notice periods and unfair dismissal provisions). The contract includes all essential employment terms required by Australian law while allowing for customization based on specific role requirements and industry contexts.
Suggested Sections

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

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

3. Definitions: Defines key terms used throughout the agreement

4. Position and Duties: Details the role title, responsibilities, and reporting relationships

5. Commencement and Term: Start date and employment status (permanent/casual)

6. Probation Period: Length and terms of the probationary period

7. Hours of Work: Standard working hours, flexibility requirements, and overtime arrangements

8. Location: Primary work location and any flexibility arrangements

9. Remuneration: Base salary, superannuation, and review provisions

10. Leave Entitlements: All leave types and entitlements as per NES

11. Termination: Notice periods and termination procedures

12. Confidentiality: Protection of confidential information

13. Company Property: Rules regarding company property and return upon termination

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

Optional Sections

1. Bonus and Incentives: Details of any performance-based compensation, used when role includes variable pay

2. Post-Employment Restrictions: Non-compete and non-solicitation clauses, used for senior roles or when dealing with sensitive information

3. Intellectual Property: IP assignment and protection, used for creative or technical roles

4. Remote Work: Specific provisions for remote working arrangements, used when allowing work from home

5. Commission Structure: Details of commission calculations and payments, used for sales roles

6. Travel Requirements: Travel expectations and reimbursement policies, used for roles requiring regular travel

7. Professional Development: Training and development provisions, used when offering specific career development benefits

8. Share Options: Details of any share option schemes, used for senior executives or when offering equity compensation

Suggested Schedules

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

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

3. Schedule 3 - Company Policies: List of applicable company policies the employee must comply with

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

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

6. Appendix B - IT and Communications Systems: Rules and policies regarding use of company IT systems

Authors

Alex Denne

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

Clauses
Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Retail

Education

Construction

Mining

Hospitality

Telecommunications

Media and Entertainment

Agriculture

Transport and Logistics

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Customer Service

Research and Development

Production

Administration

Business Development

Quality Assurance

Strategy

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Manager

Department Manager

Project Manager

Software Developer

Sales Representative

Administrative Assistant

Human Resources Manager

Marketing Coordinator

Operations Manager

Customer Service Representative

Business Analyst

Account Manager

Research Analyst

Technical Support Specialist

Production Supervisor

Financial Analyst

Office Manager

Data Scientist

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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