Probation Employment Contract Template for Australia

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Key Requirements PROMPT example:

Probation Employment Contract

"I need a Probation Employment Contract for a software developer position in our Sydney office, starting March 1, 2025, with a 6-month probation period and specific clauses for intellectual property protection and remote work arrangements."

Document background
The Probation Employment Contract is essential for Australian employers when hiring new employees with an initial probationary period. This document is typically used at the start of a new employment relationship to establish a trial period during which both parties can assess the suitability of the employment arrangement. The contract must comply with Australian employment law, particularly the Fair Work Act 2009 and National Employment Standards. It includes crucial information about the position, probation duration, performance expectations, remuneration, and conditions for continuation or termination of employment. This document is particularly important as it provides legal protection for both parties while ensuring transparency in employment terms during the probationary period.
Suggested Sections

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

2. Background: Brief context about the employment offer and acceptance

3. Definitions: Defines key terms used throughout the contract

4. Commencement and Duration: Specifies start date and length of probation period

5. Position and Duties: Details the role, position title, and key responsibilities

6. Location and Hours: Specifies workplace location and standard working hours

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

8. Superannuation: Outlines superannuation contributions and arrangements

9. Leave Entitlements: Specifies various leave entitlements as per NES

10. Performance Requirements: Details performance expectations and review process during probation

11. Termination: Conditions for termination during probation period, notice requirements

12. Confidentiality: Obligations regarding confidential information

13. Return of Company Property: Requirements for returning company property upon termination

14. Governing Law: Specifies applicable law and jurisdiction

15. Execution: Signature blocks and execution details

Optional Sections

1. Incentive Schemes: Include if employee is eligible for bonuses or commissions

2. Company Policies: Reference to specific policies if company has formal policy documentation

3. Intellectual Property: Include if role involves creation of IP or technical/creative work

4. Non-Competition: Include for senior roles or where employee has access to sensitive information

5. Working from Home: Include if remote work is permitted

6. Professional Development: Include if specific training or development is part of probation

7. Vehicle Allowance: Include if position includes company car or vehicle allowance

8. Relocation: Include if position involves relocation assistance

Suggested Schedules

1. Schedule 1 - Position Description: Detailed position description and responsibilities

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

3. Schedule 3 - Performance Criteria: Specific KPIs and performance measures for probation period

4. Appendix A - Company Policies: List of applicable company policies and procedures

5. Appendix B - Company Property: List of company property provided to 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 Industries

Professional Services

Information Technology

Healthcare

Manufacturing

Retail

Financial Services

Education

Construction

Hospitality

Mining

Agriculture

Transportation

Telecommunications

Legal Services

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Customer Service

Research and Development

Administration

Product Development

Quality Assurance

Business Development

Corporate Communications

Project Management Office

Relevant Roles

Manager

Software Developer

Administrative Assistant

Sales Representative

Project Manager

Customer Service Representative

Financial Analyst

Human Resources Officer

Marketing Coordinator

Operations Manager

Business Analyst

Account Executive

Technical Support Specialist

Research Assistant

Executive Assistant

Graphic Designer

Data Analyst

Product Manager

Engineer

Consultant

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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