In July 2009 the Australian Federal Government introduced the Fairwork Act, and in doing so it reformed workplace relations and employment law. Along with establishing a new workplace relations system, the Act introduced the National Employment Standards (NES) and Modern Awards.
The National Employment Standards set out 10 minimum workplace entitlements which came into effect from 1 January 2010 and these apply to all employers and employees in the national workplace relations system.
As a consequence all contracts of employment, whether they are based on a Modern Award or not, must now cover the 10 National Employment Standards.
As an employer, you need to ensure that your employment contracts clearly spells out the enforceable legal obligations of the parties, both during and after the employment term aswell meeting the requirements of the NES.
You do have flexibility in your approach both to the Award conditions and the National Employment Standards, and you can negotiate almost anything you like with an individual employee as long as you can demonstrate that he or she is better off over-all as a result of the bargain you strike.
In addition to their contractual duties, an employee owes a duty of fidelity and good faith to his or her employer as well as "certain duties of confidentiality". However, these duties finish when the employment ends.
This means that an employee may compete with his or her former employer after the employment has finished unless there is a restrictive covenant or restraint of trade agreement in place prior to the employee leaving the employment.
The following contracts have been professionally drafted to comply with NES.
All of the employment contracts here are available as a complete pack or individually ensuring that no matter what situation you are in you will have the right contract to fit your needs.
This Full Time Employment Contract has been drafted to comply with Modern Awards and the provisions of the Fairwork Act 2009
An Individual Flexibility Agreement is an employment contract between a single employer and employee that modifies the application of a Modern Award or Enterprise Agreement.
Our Casual Employee Employment Agreement is suitable for casual employees employed under a modern award where the standard award entitlements apply.
This up to date Permanent Part-Time Employment Contract is suitable for part time employees employed under a modern award where the standard award entitlements apply.Part-time employees work less hours than full-time employees and receive all the entitlements of full-time employees but on a proportional basis
This up to date Fixed Term Employment Contract is suitable for Fixed Term employees employed under a modern award where the standard award entitlements apply.
When engaging a contractor its vital to have a clear understanding of the precise nature of the services to be provided. use this agreement when the contractor is a sole trader.
This Incorporated Contractor Services Agreement has been professionally drafted to spell out the exact nature of the arrangement, defining the rights and obligations of the parties. It includes strict restraint, confidentiality and intellectual property provisions to bind the incorporated entity and its employees while still providing the foundation for a healthy ongoing relationship.