Master Employment Contract Template for Australia

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Key Requirements PROMPT example:

Master Employment Contract

"I need a Master Employment Contract template for our Australian technology startup that will scale with our growth, suitable for both technical and non-technical roles, and including comprehensive IP protection clauses for implementation by March 2025."

Document background
The Master Employment Contract serves as a foundational document for establishing employment relationships in Australia, designed to ensure compliance with the Fair Work Act 2009 and related employment legislation. This template is particularly valuable for organizations seeking to maintain consistency in their employment arrangements while having the flexibility to adapt to different role requirements and industry contexts. It incorporates mandatory provisions required by Australian law, including National Employment Standards, while allowing for customization to address specific employment circumstances. The document is structured to protect both employer and employee interests, providing clear guidelines on employment terms, obligations, and entitlements.
Suggested Sections

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

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

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Employment Terms: Nature of employment (full-time, part-time, casual), position title, duties and responsibilities

5. Commencement and Duration: Start date, term of employment, and probationary period if applicable

6. Remuneration: Base salary, superannuation, packaging options, and review mechanisms

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

8. Leave Entitlements: Annual leave, personal/carer's leave, long service leave, and other statutory leave provisions

9. Obligations and Duties: Employee's general duties, compliance requirements, and performance expectations

10. Workplace Health and Safety: WHS obligations and compliance requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property: Ownership and protection of IP created during employment

13. Termination: Grounds for termination, notice periods, and procedural requirements

14. Post-Employment Obligations: Return of company property and ongoing obligations post-employment

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

Optional Sections

1. Restraint of Trade: Non-compete and non-solicitation provisions, used for senior roles or where protection of business interests is crucial

2. Commission Structure: Detailed commission calculations and terms, used for sales roles or performance-based positions

3. Bonus Arrangements: Performance bonus structures and KPIs, used where additional incentive schemes apply

4. Remote Working: Terms and conditions for remote work arrangements, used where flexible working locations are permitted

5. International Travel: Terms related to international work requirements, used for roles involving overseas travel

6. Share Options: Employee share scheme participation terms, used where equity participation is offered

7. Company Vehicle: Terms of company vehicle use and maintenance, used where a vehicle is provided

8. Relocation: Relocation assistance and terms, used when employment requires geographic relocation

Suggested Schedules

1. Schedule 1 - Position Description: Detailed outline of role responsibilities, reporting lines, and key performance indicators

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

3. Schedule 3 - Company Policies: List of applicable company policies that form part of the employment terms

4. Schedule 4 - Restraint Provisions: Detailed restraint of trade terms including duration and geographic scope

5. Schedule 5 - Incentive Scheme Rules: Detailed rules and calculations for bonus or commission schemes

6. Appendix A - Confidential Information: Specific details of what constitutes confidential information

7. Appendix B - Approved Outside Activities: List of pre-approved external commitments or directorships

8. Appendix C - Equipment Schedule: List of company equipment provided to the employee

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

Manufacturing

Retail

Professional Services

Education

Mining

Construction

Telecommunications

Hospitality

Transport and Logistics

Agriculture

Media and Entertainment

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Administration

Compliance

People and Culture

Talent Acquisition

Employee Relations

Payroll

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Manager

Department Manager

Team Leader

Senior Software Developer

Marketing Manager

Sales Representative

Human Resources Manager

Operations Manager

Project Manager

Administrative Assistant

Financial Analyst

Business Development Manager

Research Scientist

Legal Counsel

Account Manager

Customer Service Representative

Technical Support Specialist

Product Manager

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships in Australia, covering minimum employment standards, enterprise bargaining, industrial actions, unfair dismissal, and general protections
Work Health and Safety Act 2011 (Cth): Sets out the main workplace health and safety duties requiring the protection of workers and other people against harm to their health, safety and welfare through the elimination or minimization of risks
Privacy Act 1988 (Cth): Regulates the handling of personal information about individuals, including employee records and privacy principles that employers must follow
Superannuation Guarantee (Administration) Act 1992 (Cth): Establishes the superannuation guarantee system requiring employers to provide minimum levels of superannuation support for employees
Age Discrimination Act 2004 (Cth): Prohibits discrimination in employment based on age
Sex Discrimination Act 1984 (Cth): Prohibits discrimination in employment based on sex, marital status, pregnancy, or potential pregnancy
Racial Discrimination Act 1975 (Cth): Prohibits discrimination in employment based on race, color, descent, national or ethnic origin
Disability Discrimination Act 1992 (Cth): Prohibits discrimination in employment based on disability
Long Service Leave Act (State Specific): State-based legislation governing long service leave entitlements for employees
National Employment Standards (NES): Part of the Fair Work Act that provides 11 minimum employment entitlements that must be provided to all employees
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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