Sales Employee Contract Generator for Australia

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Key Requirements PROMPT example:

Sales Employee Contract Template

"I need a Sales Employee Contract Template for a senior software sales position with a base salary of $120,000 plus commission, including international travel requirements and remote work provisions, starting March 2025."

Document background
The Sales Employee Contract Template is designed for Australian businesses engaging sales professionals across various industries. This template serves as a foundational document that can be customized based on specific sales roles, industry requirements, and company policies while maintaining compliance with Australian employment law. It is particularly useful for organizations establishing or expanding their sales force, addressing key aspects such as commission structures, performance metrics, territory assignments, and customer relationship management. The template incorporates provisions required by the Fair Work Act 2009, National Employment Standards, and relevant Modern Awards, while also protecting business interests through appropriate confidentiality, intellectual property, and post-employment restraint clauses. Regular review and updates are recommended to ensure ongoing compliance with evolving employment legislation and industry standards.
Suggested Sections

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

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

3. Definitions: Defines key terms used throughout the contract

4. Position and Duties: Specifies the role title, key responsibilities, and reporting relationships

5. Term of Employment: States whether the employment is permanent, fixed-term, or casual, and any probationary period

6. Hours of Work: Defines standard working hours, flexibility requirements, and overtime provisions

7. Remuneration: Details base salary, superannuation, and basic commission structure

8. Leave Entitlements: Outlines various leave types and entitlements as per National Employment Standards

9. Sales Territories and Targets: Defines geographical areas of responsibility and minimum performance expectations

10. Confidentiality: Protects company's confidential information and trade secrets

11. Intellectual Property: Addresses ownership of work-created IP and customer relationships

12. Termination: Details circumstances and processes for ending employment

13. Post-Employment Obligations: Includes non-compete and non-solicitation provisions

14. General Provisions: Contains standard boilerplate clauses including governing law and entire agreement

Optional Sections

1. Company Vehicle: Include when a company vehicle is provided, detailing usage terms and maintenance responsibilities

2. Remote Work Arrangements: Include for roles allowing work from home or remote locations

3. International Travel: Include for roles requiring overseas travel, detailing allowances and requirements

4. Equipment and Tools: Include when specific company equipment (e.g., laptop, phone) is provided

5. Training Requirements: Include when specific training or certifications are required for the role

6. Team Management Responsibilities: Include for senior sales roles with direct reports

7. KPI Bonus Structure: Include when additional performance-based bonuses beyond standard commission are offered

8. Share Options: Include when employee is offered company shares or options as part of compensation

Suggested Schedules

1. Schedule 1 - Commission Structure: Detailed breakdown of commission calculations, tiers, and payment terms

2. Schedule 2 - Sales Targets: Specific quarterly/annual targets and measurement criteria

3. Schedule 3 - Territory Map: Detailed map and description of assigned sales territory

4. Schedule 4 - Expense Policy: Guidelines for claiming work-related expenses and allowances

5. Schedule 5 - Company Policies: Key company policies applicable to the role

6. Appendix A - Position Description: Detailed job description including key responsibilities and requirements

7. Appendix B - Company Car Policy: If applicable, detailed terms of company vehicle use

8. Appendix C - Technology Usage Policy: Guidelines for use of company-provided technology and systems

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

Retail

Technology

Manufacturing

Professional Services

Healthcare

Financial Services

Telecommunications

Real Estate

Construction

Automotive

Consumer Goods

Industrial Equipment

Software and IT

Pharmaceuticals

Media and Advertising

Relevant Teams

Sales

Business Development

Account Management

Customer Success

Revenue Operations

Commercial

Channel Partners

Enterprise Solutions

Direct Sales

Inside Sales

Relevant Roles

Sales Representative

Account Executive

Business Development Manager

Sales Manager

Territory Manager

Regional Sales Director

Inside Sales Representative

Outside Sales Representative

Sales Consultant

Key Account Manager

Senior Sales Executive

Sales Development Representative

Channel Sales Manager

Enterprise Sales Executive

Junior Sales Representative

Industries
Fair Work Act 2009 (Cth): Primary legislation governing employment relationships in Australia, covering minimum employment standards, modern awards, enterprise agreements, and unfair dismissal provisions
National Employment Standards (NES): Set of 11 minimum employment entitlements that must be provided to all employees, including maximum working hours, leave entitlements, and notice of termination
Independent Contractors Act 2006: Relevant for distinguishing between employment and contractor relationships, particularly important for commission-based sales roles
Work Health and Safety Act 2011: Outlines obligations for ensuring workplace safety, including provisions for mobile sales staff and remote work arrangements
Privacy Act 1988: Governs the handling of personal information, relevant for customer data handling by sales employees
Competition and Consumer Act 2010: Includes provisions affecting sales practices and consumer interactions, particularly relevant for sales employee conduct
Superannuation Guarantee (Administration) Act 1992: Mandates employer contributions to employee superannuation funds, including calculations for commission-based earnings
Anti-Discrimination Laws: Various federal and state laws prohibiting discrimination in employment, including Equal Opportunity Act and Racial Discrimination Act
Long Service Leave Acts: State-specific legislation governing long service leave entitlements
Relevant Modern Awards: Industry-specific awards that might apply to sales employees, such as the Commercial Sales Award or Retail Award
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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