Employment Service Contract Generator for Australia

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Key Requirements PROMPT example:

Employment Service Contract

"I need an Employment Service Contract for a senior software developer position in our Sydney office, starting March 2025, with specific clauses for intellectual property rights and remote working arrangements three days per week."

Document background
The Employment Service Contract serves as the foundational document establishing the employment relationship in Australia. It is essential for any new hire or role modification, ensuring compliance with Australian employment law, particularly the Fair Work Act 2009 and related legislation. This contract type is used to clearly define employment terms, protect both parties' interests, and establish clear expectations regarding roles, responsibilities, remuneration, and obligations. It includes mandatory provisions required by Australian law while allowing customization for specific industry requirements, position levels, and company policies. The document should be regularly reviewed and updated to maintain compliance with evolving employment legislation and workplace regulations.
Suggested Sections

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

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

3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes interpretation rules

4. Term of Employment: Specifies whether the employment is permanent, fixed-term, or casual, and start date

5. Position and Duties: Details the employee's role, title, responsibilities, and reporting relationships

6. Location and Hours of Work: Specifies workplace location(s) and standard working hours

7. Remuneration: Details base salary, payment frequency, and method of payment

8. Superannuation: Outlines superannuation contributions and fund arrangements

9. Leave Entitlements: Specifies all leave types and entitlements including annual, personal, and long service leave

10. Confidentiality: Defines confidential information and employee's obligations regarding confidentiality

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

12. Termination: Details circumstances and processes for ending employment, including notice periods

13. Post-Employment Obligations: Specifies restraints and ongoing obligations after employment ends

14. General Provisions: Includes standard contractual terms like governing law, entire agreement, and variation

Optional Sections

1. Probationary Period: Used when implementing an initial trial period for new employees

2. Commission Structure: Required for sales roles or positions with performance-based pay

3. Bonus Arrangements: Used when offering performance bonuses or incentive schemes

4. Company Vehicle: Included when providing a company car or vehicle allowance

5. Remote Working Arrangements: Used when allowing regular work from home or remote working

6. International Travel: Required for roles involving overseas travel or assignments

7. Share Options: Used when offering employee share schemes or equity arrangements

8. Garden Leave: Included for senior roles where garden leave might be required

9. KPIs and Performance Measures: Used when specific performance metrics are part of the role

Suggested Schedules

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

2. Schedule 2 - Remuneration Package: Comprehensive breakdown of salary package including benefits

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

4. Schedule 4 - Restraint of Trade: Detailed post-employment restrictions including non-compete clauses

5. Schedule 5 - Commission Structure: Detailed commission calculations and terms (if applicable)

6. Appendix A - Statutory Entitlements: Summary of relevant statutory entitlements under Australian law

7. Appendix B - Workplace Health and Safety: Key WHS obligations and procedures

8. Appendix C - IT and Communications Policy: Guidelines for use of company IT systems and communications

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Healthcare

Education

Manufacturing

Retail

Professional Services

Construction

Mining

Hospitality

Media and Entertainment

Telecommunications

Transportation and Logistics

Real Estate

Energy and Utilities

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Administration

Product Development

Quality Assurance

Corporate Communications

Procurement

Executive Leadership

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Team Leader

Senior Executive

Professional Staff

Administrative Officer

Technical Specialist

Sales Representative

Customer Service Representative

Project Manager

Research Analyst

Software Developer

Financial Controller

Human Resources Manager

Operations Manager

Marketing Coordinator

Business Analyst

Account Manager

Graduate Trainee

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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