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Flexible Working Contract

Flexible Working Contract Template for Australia

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Key Requirements PROMPT example:

Flexible Working Contract

"I need a Flexible Working Contract for a senior software developer in Sydney, Australia, who will be working remotely from home three days per week starting March 1, 2025, with core hours from 10 AM to 3 PM AEST."

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Document background
This Flexible Working Contract is designed for use in Australian workplaces where employees and employers agree to implement flexible working arrangements under the Fair Work Act 2009 and related legislation. It is particularly relevant in situations where traditional fixed working patterns are being modified to accommodate work-life balance, caring responsibilities, or modern working practices. The document includes comprehensive provisions for various flexible working arrangements including remote work, flexible hours, compressed work weeks, or hybrid working models. It ensures compliance with Australian employment law while providing clear guidelines for both parties regarding work patterns, communication expectations, performance management, and maintaining workplace rights and obligations. This contract type is especially valuable in the post-pandemic workplace environment where flexible working arrangements have become increasingly standard practice.
Suggested Sections

1. Parties: Identifies the employer and employee, including their legal names and relevant contact details

2. Background: Outlines the context of the flexible working arrangement and any relevant employment history

3. Definitions: Defines key terms used throughout the contract, including specific flexible working terminology

4. Term of Agreement: Specifies the duration of the flexible working arrangement, including start date and any review periods

5. Nature of Employment: Specifies whether the employment is permanent, fixed-term, casual, full-time or part-time

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

7. Flexible Working Arrangements: Specifies the agreed flexible working arrangements, including work hours, days, and location

8. Remuneration: Details salary, benefits, and any adjustments related to flexible working

9. Leave Entitlements: Outlines various leave entitlements and how they apply under the flexible arrangement

10. Work Health and Safety: Addresses WHS obligations in the context of flexible working

11. Communication and Availability: Details requirements for communication, attendance at meetings, and core hours of availability

12. Performance Management: Outlines how performance will be measured and managed under the flexible arrangement

13. Confidentiality and Data Security: Specifies obligations regarding confidential information and data security, especially for remote work

14. Termination and Variation: Outlines conditions for ending or modifying the flexible working arrangement

15. General Provisions: Includes standard contractual clauses such as governing law and entire agreement

Optional Sections

1. Equipment and Resources: Details provision and maintenance of equipment for remote work - include when arrangement involves working from home

2. Travel and Expenses: Outlines travel requirements and expense policies - include when role requires travel between locations

3. Time Recording: Specifies time recording requirements - include for hourly-paid employees or when required by industry awards

4. Alternative Work Location Requirements: Specifies requirements for alternative work locations - include for remote or hybrid working arrangements

5. Childcare Arrangements: Addresses specific arrangements related to childcare - include when flexibility is related to caring responsibilities

6. Training and Development: Outlines training requirements specific to flexible working - include for new flexible working arrangements

7. Performance Metrics: Details specific KPIs for flexible working - include for results-based working arrangements

8. Trial Period: Specifies trial period terms - include when arrangement is new or significant change from previous working pattern

Suggested Schedules

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

2. Schedule 2 - Flexible Working Pattern: Detailed breakdown of agreed working hours, days, and locations

3. Schedule 3 - Home Office Requirements: Checklist and requirements for home office setup and safety

4. Schedule 4 - IT and Equipment List: List of provided equipment and technical requirements

5. Schedule 5 - Communication Protocols: Detailed protocols for communication, meetings, and availability

6. Appendix A - WHS Checklist: Workplace health and safety assessment checklist for alternative work locations

7. Appendix B - Expense Policy: Detailed policy regarding claimable expenses under flexible working

8. Appendix C - Security Protocols: Data security and confidentiality requirements for flexible working

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Alternative Work Location
Base Salary
Company
Confidential Information
Core Hours
Designated Workplace
Employee
Employer
Flexible Working Arrangement
Home Office
Hybrid Working
Immediate Manager
Intellectual Property
Normal Business Hours
Notice Period
On-site Work
Ordinary Hours of Work
Personal Information
Primary Work Location
Remote Work
Reporting Manager
Standard Work Day
Start Date
Term
Variable Hours
Work Health and Safety Policy
Work Schedule
Working Day
Workplace
Clauses
Interpretation
Term of Employment
Probation
Position and Duties
Location of Work
Hours of Work
Flexible Working Arrangements
Remuneration
Superannuation
Leave Entitlements
Work Health and Safety
Equipment and Resources
Expenses
Performance Review
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Communication Requirements
Availability
Reporting Requirements
Time Recording
Training and Development
Travel
Termination
Notice Period
Return of Property
Dispute Resolution
Variation
Assignment
Severability
Entire Agreement
Governing Law
Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Education

Government

Retail

Manufacturing

Media and Communications

Consulting

Non-Profit

Legal Services

Insurance

Telecommunications

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Marketing

Sales

Information Technology

Operations

Customer Service

Research and Development

Product Development

Administration

Corporate Communications

Strategy

Digital

Project Management Office

Relevant Roles

Software Developer

Account Manager

Marketing Specialist

Financial Analyst

HR Coordinator

Project Manager

Business Analyst

Customer Service Representative

Sales Executive

Content Writer

Graphic Designer

Data Analyst

Legal Counsel

Administrative Assistant

Research Analyst

Operations Manager

Digital Marketing Manager

Product Manager

Consultant

Executive Assistant

Industries
Fair Work Act 2009 (Cth): Primary legislation governing employment relationships in Australia, including provisions for flexible working arrangements under Section 65, National Employment Standards, and general protections
Work Health and Safety Act 2011 (Cth): Covers workplace health and safety obligations, including those relating to remote work and flexible working arrangements
Privacy Act 1988 (Cth): Regulates the handling of personal information of employees, particularly relevant for remote working arrangements and monitoring
Sex Discrimination Act 1984 (Cth): Ensures the contract doesn't discriminate based on gender, family responsibilities, or pregnancy when considering flexible working arrangements
Disability Discrimination Act 1992 (Cth): Ensures reasonable accommodations for employees with disabilities through flexible working arrangements
Age Discrimination Act 2004 (Cth): Protects against age discrimination in flexible working arrangements
State-specific Long Service Leave Acts: Various state legislation governing long service leave entitlements which need to be considered in flexible working arrangements
Independent Contractors Act 2006 (Cth): May be relevant if the flexible working arrangement involves independent contractor relationships
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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