Salesperson Contract Template for Australia

This Salesperson Contract template is designed for use in the Australian business context when engaging sales professionals in various capacities. The document is structured to comply with Australian employment law, including the Fair Work Act 2009 and relevant state legislation, while addressing the specific needs of sales-focused roles. It should be used when hiring new sales staff or updating existing employment arrangements. The contract covers essential elements including remuneration structure (base salary and commissions), territory assignments, performance expectations, confidentiality provisions, and post-employment obligations. This template is particularly valuable for businesses requiring a robust legal framework for their sales force while maintaining flexibility for industry-specific modifications.

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

2. Background: Outlines the context of the agreement and the intention to employ the salesperson

3. Definitions: Defines key terms used throughout the agreement including 'Territory', 'Products', 'Commission', 'Targets'

4. Appointment and Term: Details of employment status, commencement date, and term (if fixed)

5. Duties and Responsibilities: Comprehensive list of the salesperson's duties, reporting requirements, and performance expectations

6. Territory and Products: Defines the geographic area and/or customer segments, and products/services the salesperson is responsible for

7. Remuneration: Details of base salary, commission structure, and other benefits

8. Expenses and Resources: Outlines what expenses will be reimbursed and resources provided by the employer

9. Hours of Work: Specifies expected working hours, flexibility requirements, and overtime provisions

10. Leave Entitlements: Details all leave entitlements in accordance with National Employment Standards

11. Performance Reviews: Process and frequency of performance evaluations and target reviews

12. Confidentiality: Obligations regarding confidential information and trade secrets

13. Intellectual Property: Ownership and rights regarding IP created during employment

14. Termination: Grounds for termination, notice periods, and post-termination obligations

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