Temporary Employment Agreement Template for Australia

An Australian-compliant Temporary Employment Agreement that establishes a fixed-term employment relationship between an employer and employee. This agreement complies with the Fair Work Act 2009 and relevant state legislation, covering essential employment terms including duration, duties, remuneration, and entitlements. The document provides clear terms for temporary employment while ensuring all statutory requirements and minimum employment standards under Australian law are met.

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What is a Temporary Employment Agreement?

This Temporary Employment Agreement is designed for use in the Australian jurisdiction when engaging employees for a fixed term or specific project duration. It incorporates requirements from the Fair Work Act 2009 and other relevant Australian employment legislation, making it suitable for various temporary employment arrangements including seasonal work, project-based assignments, or fixed-term replacements. The agreement covers essential employment terms including position details, duration, remuneration, leave entitlements, and termination provisions, while ensuring compliance with National Employment Standards. It's particularly useful for organizations needing to document clear terms for temporary staff while maintaining legal compliance.

What sections should be included in a Temporary Employment Agreement?

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

2. Background: Explains the context of the temporary employment arrangement and the intention of the parties

3. Definitions: Defines key terms used throughout the agreement

4. Term of Employment: Specifies the start date, end date or circumstances of termination, and temporary nature of the employment

5. Role and Duties: Details the position title, key responsibilities, and reporting relationships

6. Location of Work: Specifies the primary workplace location and any flexibility arrangements

7. Hours of Work: Defines standard working hours, breaks, and overtime arrangements

8. Remuneration: Details the salary/wages, payment frequency, and any applicable loadings or penalties

9. Leave Entitlements: Outlines all applicable leave types and entitlements under National Employment Standards

10. Superannuation: Specifies superannuation arrangements and contribution details

11. Termination: Details the notice periods and circumstances for termination of employment

12. Confidentiality: Defines confidential information and employee obligations regarding confidentiality

13. General Provisions: Includes standard contractual clauses such as governing law, entire agreement, and variation

14. Execution: Signature blocks for both parties

What sections are optional to include in a Temporary Employment Agreement?

1. Probation Period: Include when the temporary role includes an initial probation period

2. Performance Reviews: Include for longer temporary contracts where formal performance reviews will be conducted

3. Benefits: Include when additional benefits beyond standard entitlements are offered

4. Intellectual Property: Include when the role involves creation of intellectual property

5. Post-Employment Restrictions: Include when restraint of trade or non-compete provisions are required

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

7. Company Policies: Include when specific workplace policies need to be explicitly referenced

8. Equipment and Resources: Include when company equipment or resources are provided

What schedules should be included in a Temporary Employment Agreement?

1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and key performance indicators

2. Schedule 2 - Remuneration Details: Breakdown of salary components, allowances, and any performance-based incentives

3. Schedule 3 - Company Policies: List of applicable workplace policies the employee must comply with

4. Appendix A - Fair Work Information Statement: Mandatory information statement as required by Fair Work Act

5. Appendix B - Workplace Health and Safety Acknowledgment: Employee acknowledgment of WHS obligations and procedures

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Cost

Free to use

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