Employment Agreement (AU) by OLL
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EMPLOYMENT AGREEMENT (AUSTRALIA)
For a full-time or part-time employee of a national system employer
Note: Use this Agreement to employ a full-time or part-time employee in Australia, on an ongoing basis or for a fixed term. It is drafted for national system employers under the Fair Work Act 2009 (Cth): companies that trade or provide financial services (which covers most companies that run a business) anywhere in Australia, and most private sector employers in every other State and in the Territories. In Western Australia, sole traders, partnerships, trusts with individual trustees and some not-for-profit bodies are in the State system, so they should not use it. It is not suitable for casual employees, who have different entitlements, or for independent contractors. It is also not designed for an employee covered by an enterprise agreement, or for an apprentice or trainee. The National Employment Standards, any modern award or enterprise agreement that applies, and other workplace laws set minimum terms that this Agreement cannot reduce. Complete every yellow field, keep one Option in each Option block and delete the others, then complete Schedule 1.
Note: Before, or as soon as practicable after, the Employee starts, give them the Fair Work Information Statement (section 125 of the Fair Work Act 2009 (Cth)). For a fixed term, also give them the Fixed Term Contract Information Statement before, or as soon as practicable after, this Agreement is signed (section 333K). Both are published by the Fair Work Ombudsman.
This Employment Agreement (this "Agreement") is made on [agreement date] (the "Agreement Date") between:
(1) [legal name of the employer] ([acn or abn of the employer]) of [registered office or principal place of business of the employer] (the "Employer"); and
(2) [full name of the employee] of [residential address of the employee] (the "Employee"), each a "Party" and together the "Parties".
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement:
"Award" means any modern award that applies to the Employment, including the one named in Clause 5.3.
"Business Day" means a day that is not a Saturday, a Sunday or a public holiday in the capital city of the State or Territory named in Clause 14.1.
"Confidential Information" means information in any form about the business, operations or affairs of the Employer or a Related Body Corporate, or about their clients, customers, suppliers or employees, that the Employee obtains or creates because of the Employment and that is not publicly available, including:
(a) the names, contact details, requirements and pricing of clients, customers and suppliers;
(b) financial information, margins, business plans and strategies;
(c) know-how, processes, methods, software, source code, data and technical information;
(d) information that a third party has given the Employer in confidence; and
(e) information that is marked as confidential, or that the Employee knows or ought reasonably to know is confidential,
This is a preview. The full template is free on GitLaw.
A comprehensive employment agreement for full-time or part-time staff of national system employers in Australia. It covers key terms including modern award coverage under the Fair Work Act 2009, leave entitlements, intellectual property ownership, and post-employment restraints.
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About this template
What is this template?
This is a formal employment contract for Australian staff that includes specific options for modern award coverage and fixed-term reasons. It is not suitable for casual employees, independent contractors, or employees covered by an enterprise agreement. It contains a specific computer surveillance notice and moral rights consent clauses.
When should you use it?
Use this when hiring permanent or fixed-term staff in Australia who are not casuals. If the individual is a contractor providing services rather than an employee, use an Independent Contractor Agreement instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2.2 | Type of employment | Parties select between ongoing employment or a fixed term with a specific end date and reason. |
| 2.3 | Probation | Either party may terminate the employment with at least one week of written notice during the specified probation period. |
| 4.1 | Ordinary hours | Full-time employees work 38 hours per week while part-time employees follow a pattern of hours set in Schedule 1. |
| 5.3 | Award coverage | The employer identifies a specific modern award and classification, or states that no award or enterprise agreement applies. |
| 10.1 | Intellectual Property Ownership | The Employer owns all Intellectual Property Rights in the Work Product created by the Employee from the moment of creation. |
| 11.2 | Computer surveillance notice | The Employee is notified that the Employer monitors emails, websites, and files continuously starting from the Start Date. |
| 12.1 | Notice by the Employer | After probation, the Employer must provide the longest of the stated notice period or the section 117 Fair Work Act minimum. |
| 13.1 | Clients | The Employee is prohibited from soliciting any client they had material dealings with for a specified period after termination. |
Who it's for
- an Australian national system employer hiring a full-time staff member on an ongoing basis
- a company engaging a part-time employee for a fixed term to cover parental leave
- an employer requiring continuous computer surveillance of employee email and internet use
- a business protecting intellectual property and client relationships through post-employment non-solicitation restraints
How long it runs and how it's signed
Law it's drafted under
Australia note
This version is drafted for Australia. Some terms are set federally and others by state or territory. Tell GitLaw where the parties are and it adjusts the draft.
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