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Indefinite Employment Contract

Indefinite Employment Contract Template for Australia

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Key Requirements PROMPT example:

Indefinite Employment Contract

"I need an Indefinite Employment Contract for a senior software developer position in our Sydney office, starting March 1, 2025, with specific clauses for intellectual property protection and the option to work remotely two days per week."

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Document background
This Indefinite Employment Contract template is designed for use in establishing permanent employment relationships in Australia. It should be used when hiring full-time or part-time employees on an ongoing basis, as distinct from fixed-term or casual employment arrangements. The document incorporates all requirements under the Fair Work Act 2009 and related Australian employment legislation, including National Employment Standards, minimum wage requirements, and mandatory leave provisions. It is structured to protect both employer and employee interests while ensuring compliance with Australian workplace laws. The contract includes customizable elements to accommodate various roles and industries while maintaining core legal requirements.
Suggested Sections

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

2. Background: Context of the employment relationship and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Position and Duties: Job title, role description, key responsibilities, and reporting relationships

5. Commencement and Term: Start date and confirmation of permanent/indefinite nature of employment

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

7. Location and Hours of Work: Primary work location and standard working hours

8. Remuneration: Base salary, superannuation, payment frequency, and review provisions

9. Leave Entitlements: All statutory leave entitlements including annual, personal/carer's, long service, and parental leave

10. Obligations and Duties: Employee's general duties, obligations, and expected standards of conduct

11. Confidentiality: Obligations regarding confidential information during and after employment

12. Intellectual Property: Ownership and rights related to IP created during employment

13. Termination: Notice periods and grounds for termination

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

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

16. Execution: Signing provisions and attestation

Optional Sections

1. Bonus and Incentives: Details of any performance-based bonuses or incentive schemes

2. Company Vehicle: Terms of any company vehicle provision

3. Mobile Phone and Equipment: Provisions regarding company-provided equipment

4. Flexible Working Arrangements: Terms for remote work or flexible hours if applicable

5. Health Insurance: Details of any private health insurance benefits

6. Share Options: Terms of any employee share or option schemes

7. Gardening Leave: Provisions for garden leave during notice periods

8. International Travel: Terms related to international travel if required

9. Commission Structure: Details of any commission-based compensation

10. Educational Assistance: Terms of any professional development or education support

Suggested Schedules

1. Schedule 1 - Position Description: Detailed position description including key responsibilities and performance indicators

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package and benefits

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. Schedule 5 - IT and Communications Policy: Acceptable use of company IT systems and communications

6. Appendix A - Fair Work Information Statement: Mandatory Fair Work Information Statement

7. Appendix B - Superannuation Choice Form: Employee's superannuation fund nomination form

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
Approved Leave
Base Salary
Board
Business Day
Company
Company Group
Company Property
Confidential Information
Conflict of Interest
Commencement Date
Duties
Employee
Employer
Employment
Intellectual Property Rights
Immediate Family Member
Key Performance Indicators
Location
Material Breach
Misconduct
Modern Award
Notice Period
Ordinary Hours of Work
Personal Information
Position
Probationary Period
Related Body Corporate
Remuneration
Serious Misconduct
Superannuation
Total Remuneration Package
Workplace
Clauses
Appointment
Term
Probation
Duties and Responsibilities
Location of Work
Hours of Work
Remuneration
Superannuation
Leave Entitlements
Annual Leave
Personal/Carer's Leave
Long Service Leave
Parental Leave
Compassionate Leave
Public Holidays
Performance Review
Confidentiality
Intellectual Property
Moral Rights
Data Protection
Non-Competition
Non-Solicitation
Conflict of Interest
Outside Activities
Company Property
Expenses
Health and Safety
Training
Performance Standards
Reporting
Company Policies
Variations
Termination
Summary Dismissal
Garden Leave
Return of Property
Governing Law
Entire Agreement
Severability
Notices
Force Majeure
Dispute Resolution
Assignment and Novation
Waiver
Further Assurance
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Mining

Construction

Hospitality

Transportation

Agriculture

Media and Entertainment

Telecommunications

Real Estate

Energy

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Administration

Product Development

Quality Assurance

Executive Leadership

Procurement

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Operations Manager

Software Developer

Sales Representative

Marketing Manager

Human Resources Director

Project Manager

Administrative Assistant

Customer Service Representative

Business Analyst

Research Scientist

Account Manager

Production Supervisor

Quality Assurance Specialist

Financial Analyst

Legal Counsel

Executive Assistant

Product Manager

Data Analyst

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships, including National Employment Standards (NES), minimum wages, leave entitlements, termination provisions, and unfair dismissal protections
Work Health and Safety Act 2011 (Cth): Sets out the main workplace health and safety duties and obligations that employers must comply with to ensure worker safety
Privacy Act 1988 (Cth): Regulates how employers must handle employee personal information and maintains privacy principles
Superannuation Guarantee (Administration) Act 1992 (Cth): Mandates employer contributions to employee superannuation funds and sets out related obligations
Anti-Discrimination Laws: Various federal and state laws including Age Discrimination Act 2004, Racial Discrimination Act 1975, Sex Discrimination Act 1984, and Disability Discrimination Act 1992
Modern Awards: Industry-specific awards that set out minimum terms and conditions for particular industries and occupations
State-specific Long Service Leave Legislation: Relevant state or territory legislation governing long service leave entitlements, as these vary by jurisdiction
Income Tax Assessment Act 1997 (Cth): Governs taxation obligations for both employer and employee, including PAYG withholding requirements
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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