This comprehensive contract is approximately 10 pages in length.
The drafting in this contract will help minimise the risk your business may be exposed to for back payment from both current and former employees who may have been engaged on a casual basis but worked on a long-term, regular or predictable basis.
This comprehensive contract covers the following matters:
- nature and status of employment
- the reason for the contract
- commencement date
- casual loading being in compensation for permanent employment entitlements
- compensation for all legal entitlements
- reporting relationship
- location of employment
- hours of work
- confidential information
- performance and expectations
- workplace surveillance (computers, camera and tracking)
- policies and procedures
- leave (where it applies to casuals under the Fair Work Act 2009 (Cth))
- notice and termination
The comprehensive contract also includes optional clauses concerning:
- new employees
- existing employees
- award/agreement covered employees
- providing mobile phone, laptop and other electronic equipment
- work related expenses and reimbursement for such expenses
- the requirement to wear and launder a uniform
- the requirement to hold a drivers licence
- zero tolerance of drugs and alcohol in the workplace
- returning the employer’s property on termination
- the protection of the employer’s intellectual property and moral rights
- post employment obligations including non-solicitation of customers, employees and suppliers
Compensation for all legal entitlements
The compensation for all legal entitlements clause will automatically appear in this contract.
This clause seeks to offset an employee’s total remuneration against any entitlement he or she may have under any law or industrial instrument.
It’s important to be aware that it’s not possible to ‘contract out’ of an award or agreement using a contract of employment.
It may not be necessary to require a casual employee to agree to a post-employment restraint.
A post-employment restraint must be ‘reasonable’ in the circumstances of the particular employee’s employment to be enforceable.
The particular restraint clause included in the contract includes provisions enabling a court, if it is to review the contract, to read down the covenants in relation to the employee if they are found to be void, invalid or otherwise unenforceable. ‘Reading down’ the strict wording of an unreasonable clause means to modify it until the clause is expressed in a way that is legally enforceable.