Employment Contract for a Full Time / Part Time Fixed Term Award Based Employee

Employment contract for a full time / part time fixed term award based employee

This contract is for employees who are below the award threshold (currently $138,900 per annum), and are being employed on a fixed term basis. It includes options for full time / part time, base salary and / commission, and short term incentives.

Simply replace the <red> writing with what applies to your situation. Optional clauses are shown in blue and should be deleted if not to be included in the employment contract.

You can contact one of our HR Consultants for assistance in completing this employment contract.

Dear <insert name>

Offer of full time / part time employment

We are delighted to offer you full time / part time fixed term employment with <insert company name> Pty Ltd (the Company) on the terms and conditions set out in this letter.

This letter of employment outlines the contract of employment between you and the Company. Please read this letter carefully.

1 Commencement

Your fixed term employment with the Company will commence and cease as specified in Schedule 1, or such other date as mutually agreed.

2 Conditional offer

2.1 Health surveillance (Optional)

This offer of employment is subject to your consent to appropriate preventative health measures as determined by the Company. These may include, but are not limited to:

(a) providing your consent to undergo health checks, as directed by the Company;

(b) providing your consent to undergo vaccination against any relevant occupational exposure(s), as determined by the Company;

(c) using appropriate safety equipment and attire, as directed by the Company.

Your ongoing employment will be subject to you consenting to any such vaccinations and/or health checks during the course of your employment with the Company (whether on an annual or seasonal basis), as may be reasonably required by the Company.

In the event that such consent is not given, the Company may withdraw this offer of employment or terminate your employment as the case may require.

You acknowledge that the requirement to maintain up to date health surveillance from any relevant occupational exposure is an inherent requirement of your employment in the position of <insert position> in the <insert department or the Company business> and accordingly a failure to comply with this requirement may result in the termination of your employment by the Company.

2.2 Criminal record check [Optional]

This offer of employment is subject to your consent to the Company conducting a criminal record check as the Company may reasonably require.

In the event that that you have a relevant criminal record that is incompatible with performing the inherent requirements of your position, the Company may withdraw this offer or terminate your employment as the case may require.

3 Probationary/qualifying period

You will be subject to a probationary/qualifying period for the first 6 months of your employment. During this period both you and the Company will assess the suitability of continuing your employment. At any time during this period either you or the Company may terminate your employment by providing 1 weeks’ notice to the other party or payment in lieu (based on your total employment cost) of all or part of this period.

4 Award

Your employment is covered by the award as specified in Schedule 1. Nothing in this contract is intended to override any Award conditions.

5 Duties and responsibilities

You will be employed by the Company in the position specified in Schedule 1. You must discharge any duties assigned to you from time to time, including working in another position.

Your duties include, but are not limited to, those set out in the attached job description. These duties and responsibilities may be varied by the Company from time to time.

In the performance of your duties, you must:

(a) abide by the responsibilities outlined in the Company Policies. These policies do not form part of your contract of employment;

(b) promote the interests, activities and reputation of the Company and use your best endeavours to protect the Company; and

You must perform all your duties in a proper, reasonable and efficient manner, in accordance with the standards of diligence, skill and care reasonably expected of a duly qualified person in your position and in accordance with generally accepted practices appropriate to those activities.

6 Location

Your initial place of employment will be at <insert location>. The Company may require you to work at other locations from time to time in the course of fulfilling your duties and responsibilities.

7 Payments

Details of your remuneration is contained in Schedule 1 to this contract.

You agree that your remuneration above includes compensation for all entitlements, benefits or payments that might otherwise be due under any industrial instrument that may apply to your employment, including but not limited to out of hours’ work, overtime, allowances, annual leave loading, severance payments, shift penalties and holiday rates. No special rates or allowances for working particular times or under particular conditions will be payable unless specified in this agreement. (delete any if not applicable).

8 Superannuation

Your total annual remuneration package includes provision for superannuation contributions that the Company will make on your behalf.

9 Expenses

The Company will reimburse you for reasonable out-of-pocket expenses incurred by you in the performance of your duties on behalf of the Company. You must provide evidence of expenses incurred in order to receive any reimbursement.

10 Other benefits [Optional]

10.1 Company vehicle [Optional]

In your role of <insert position> you will be supplied with a fully maintained Tool of Trade Vehicle. This tool of trade is not convertible to cash and does not form part of your remuneration. You are required to provide a certified copy of your Australian Driver Licence with your acceptance of this offer.

Upon 4 weeks’ notice, the Company may, at its discretion, substitute the provision of a fully maintained Tool of Trade vehicle with a car allowance. Should the Company do so the car allowance will not form part of your remuneration.

10.2 Car allowance (Optional)

In your role of <insert position> you will receive a car allowance of $<insert amount> per <insert frequency eg fortnight/month>. This allowance does not form part of your remuneration. You are required to provide a certified copy of your Australian Driver Licence with your acceptance of this offer.

Upon 4 weeks’ notice, the Company may, at its discretion, substitute the car allowance with a fully maintained Tool of Trade vehicle. Should the Company do so, the Tool of Trade vehicle is not convertible to cash and will not form part of your remuneration.

10.3 Short term incentive (Optional)

You may be eligible for a potential bonus payment of up to <insert %> of your <insert base salary for sales/TEC for all other employees> per annum. This figure is inclusive of tax and statutory superannuation.

A bonus is paid entirely at the Company’s discretion. A bonus will not be paid if your employment with the Company terminates prior to the date on which the bonus is declared (generally 30 June) or paid. Other details of the criteria for the payment of bonuses will be notified to you from time to time.

11 Hours of work

Your ordinary hours of work are specified in Schedule 1. However, you may be required to work in excess of these hours to fulfil your role. Payment for reasonable additional hours of work has been included in your remuneration.

12 Leave entitlements

You will be entitled to public holidays, annual leave, long service leave, personal leave, compassionate leave and parental leave in accordance with statutory entitlements and/or any applicable industrial instrument.

You must take annual leave at a period or periods agreed between you and the Company or, in the absence of agreement or statutory requirements to the contrary, when directed by the Company on at least 1 months’ notice.

The Company may require you to provide documentary evidence in support of any leave application.

13 Policies and procedures

The Company has various policies and procedures with which you must comply during your employment. You must familiarise yourself with these policies. You may obtain a copy of such policies and procedures from your Manager and/or the Company Intranet. The policies do not form part of your employment contract and may be changed by the Company from time to time.

14 Other employment and conflicts of interest

14.1 Exclusive engagement

You must not, during your employment, without the Company’s prior written consent, set yourself up or engage in private business or undertake any other employment.

14.2 Inducements

Except as provided in this letter, you must not accept any payment or other benefit as an inducement or reward for any act in connection with the business of the Company.

15 Confidential Information and Intellectual Property (Optional)

It is a condition of your employment that you sign <insert company name> Employee Confidentiality Deed. By accepting this offer of employment, you agree to comply with the obligations set out in that Deed both during the period of your employment with the Company and after the termination of your employment.

16 Equal Opportunity

The Company is an equal opportunity employer and does not tolerate unlawful discrimination or harassment in any form. By accepting this offer of employment, you acknowledge that it is your responsibility at all times to understand and comply with your obligations under any applicable equal opportunity legislation.

17 Health and Safety

You agree to perform your duties in a safe manner at all times, having regard to both your own health and safety and that of those around you. You agree to follow Safe Work Practices that apply at the workplace and to bring to the attention of others any matters that may adversely affect your ability to carry out your duties in a safe manner.

18 Termination

18.1 Termination with notice

You or the Company may terminate your employment at any time by giving the following written notice to the other.

Period of continuous service / Notice period
Not more than 1 year / 1 week
More than 1 year, but not more than 3 years / 2 weeks
More than 3 years, but not more than 5 years / 3 weeks
More than 5 years / 4 weeks

In the event that you are over 45 years of age at the time of termination, and have been employed for more than 2 years, you will be entitled to an additional week’s notice.

The Company may elect to make a payment to you in lieu of all or part of the notice period. This payment will be based on the components of your remuneration that you would have received for the time you would have worked during the period of unserved notice. A payment in lieu of notice will not include any discretionary bonus payment.

The Company may direct you to not perform work and/or not attend work during all or part of the notice period.

18.2 Summary termination

The Company may terminate your employment at any time and without notice if you:

(a) commit any act of misconduct or are negligent or incompetent in the performance of your duties; or

(b) commit any act which may detrimentally affect the Company including, but not limited to, an act of dishonesty, fraud, wilful disobedience or breach of duty; or

(d) are charged with any criminal offence which, in the reasonable opinion of the Company may embarrass or bring you or the Company into disrepute; or

(e) cannot perform the inherent requirements of your position; or

(f) breach an obligation set out in the Company Employee Confidentiality Deed.

18.3 Authorisation of deductions from final pay

Any money owing to the Company by you may be deducted from your final payment by the Company upon termination of your employment.

18.4 Return of property

On or prior to termination of your employment, you must return to the Company all tangible property of the Company including, but not limited to, all books, plans, statistics, documents, records, papers, materials, credit cards, cars and keys in your possession or under your control. You are not entitled to retain copies of any such documents.

18.5 No representations

Once your employment with the company has ceased, you must not represent yourself or hold yourself out to any person as being connected with or involved in the business of the Company.

19 Inconsistency

The terms of this letter of employment are construed subject to any applicable legislation or industrial instrument. If any term of this letter is inconsistent with terms which may not be varied or contracted out of, the terms of the applicable legislation or industrial instrument will prevail.

20 General

This agreement supersedes all prior agreements, understandings, representations, and negotiations, whether written or verbal in respect of your employment with the Company and all previous agreements you may have had with the Company.

This letter of offer is governed by and construed in accordance with the laws of <insert State or Territory>. The parties submit to the jurisdiction of the courts of <insert State or Territory>.

We are pleased to welcome you to the Company on the above terms and conditions of employment. Please sign and initial each page of the attached copy of this letter and return it to <insert name> within 7 days.

We take this opportunity to congratulate you on your appointment and wish you a successful career at the Company. We look forward to you joining the team and trust that the relationship will be mutually beneficial.

Yours sincerely

I accept employment with the Company on the terms and conditions set out in this letter dated <insert date>, of which this is the last page. I acknowledge receipt of the Fair Work Information Statement from the Company.

......

Employee signatureWitness signature

Date:Date:

Schedule 1.

Name of Employee
Position
Award / <insert award title> Award 2010
Commencement Date
Completion Date
Remuneration Package / You will be paid a base salary of <insert amount>.
Superannuation / You will be paid Employer Superannuation Guarantee Contribution of <insert amount>.
Hours of Work / Normal work hours are <insert days and hours>.
In order to perform the duties expected of you, you will be required to work all reasonable hours in order to achieve your job accountabilities. Under usual circumstances, the working week is Monday to Friday inclusive, however, the demands of your position may require you to work additional hours, including hours at weekends. (delete if not applicable)
Other Benefits (Optional) / <insert other benefits>

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