Employment Contract (Comprehensive) – Permanent Employee

This comprehensive contract is approximately 12-23 pages in length (depending on the required inclusions). This contract is suitable for full-time or part time employees.  It’s not intended to apply to casual employees or independent contractors. This comprehensive contract covers the following matters:

• nature and status of employment
• the reason for the contract
• commencement date
• compensation for all legal entitlements
• position
• probation period
• reporting relationship
• location of employment
• hours of work
• remuneration
• confidential information
• leave entitlements
• performance and expectations
• superannuation
• workplace surveillance (computers, camera and tracking)
• policies and procedures
• return of property
• notice and termination
• superannuation
• period of notice
• redundancy and termination
• medical assessments
• personal information and privacy

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
• performance review
• bonus and incentive payments
• non-cash benefits
• credit card/mobile phone/laptop
• 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. Post-employment restraints 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.