AI Generated Australian Employment Contract - 2026 Updated
Employment Contract
1. Parties
Identifies the employer and the employee, including legal names, ABN/ACN, addresses and any related entities.
2. Recitals / Background
Sets out the context, purpose and objectives of the employment arrangement.
3. Definitions & Interpretation
Provides meanings for key terms and rules for interpreting the contract.
4. Position & Title
States the employee’s job title and position within the organisation.
5. Duties & Responsibilities
Details the tasks, functions and expectations attached to the role.
6. Commencement Date & Term
Specifies the start date of employment and whether the engagement is ongoing, fixed-term or casual.
7. Probationary Period
Sets the length and conditions of any probation and the rights of the parties during that time.
8. Work Hours & Roster
Outlines ordinary hours, span of hours, breaks, overtime and roster arrangements.
9. Place of Work & Mobility
Identifies the primary workplace and the employer’s right to require work at other locations.
10. Reporting Line
States to whom the employee reports and any changes to reporting structure.
11. Classification under Modern Award / Enterprise Agreement
Records the applicable industrial instrument and the employee’s classification level, if any.
12. Guarantee of Annual Earnings
Sets out any written guarantee that the employee’s annual earnings exceed the high income threshold, removing award coverage.
13. Remuneration
Details base salary or wage, rate of pay, allowances and timing of payment.
14. Salary Packaging / Salary Sacrifice
Provides options for pre-tax benefits and conditions for altering salary arrangements.
15. Bonuses & Incentive Schemes
Describes performance-based or discretionary bonus entitlements and related criteria.
16. Superannuation
Sets out compulsory employer super contributions, choice of fund and any additional contributions.
17. Deductions from Wages
Authorises lawful deductions such as salary sacrifice, overpayment recovery or union fees.
18. Pay Cycle & Method of Payment
Confirms frequency (e.g., fortnightly) and means (e.g., electronic transfer) for wage payments.
19. Performance & Remuneration Review
Explains when and how performance is assessed and salary increases are considered.
20. Expenses & Reimbursement
Covers work-related expenses, approval processes and repayment timeframes.
21. Company Vehicle / Travel Allowances
Sets rules for use of company vehicles and travel or kilometre allowances.
22. Tools & Equipment
Lists employer-provided equipment, maintenance obligations and return requirements.
23. Training & Professional Development
Specifies mandatory or optional training, study leave and repayment of course fees.
24. Flexible Working Arrangements
Outlines the process for requesting flexible hours or patterns under the Fair Work Act.
25. Remote Work / Working from Home
Sets conditions, WHS requirements and cost responsibilities for remote work.
26. Leave Entitlements
Summarises annual, personal/carer’s, compassionate and other leave in line with the NES.
27. Parental Leave
Explains unpaid or employer-funded parental leave and notice requirements.
28. Long Service Leave
Notes entitlements based on state legislation or industrial instruments.
29. Community Service Leave
Covers jury duty and emergency service leave, including pay treatment.
30. Public Holidays
Confirms entitlements, substitution of days and roster arrangements.
31. Health & Safety Obligations
Sets out duties under WHS laws for both employer and employee.
32. Fitness for Work / Medical Examinations
Provides authority for medical assessments to confirm capacity to perform duties safely.
33. Drug & Alcohol Testing
Allows for testing regimes and consequences of positive results.
34. Workplace Surveillance
Discloses monitoring of email, internet, cameras or tracking devices as required by state laws.
35. Confidentiality
Obliges the employee to keep proprietary and sensitive information secret.
36. Privacy & Data Protection
Details handling of personal information in compliance with the Privacy Act.
37. Intellectual Property
Assigns IP created in the course of employment to the employer.
38. Moral Rights Consent
Obtains employee consent to acts that may otherwise infringe moral rights in created works.
39. Social Media & Communications
Regulates use of social media and external communications referring to the employer.
40. Conflicts of Interest
Requires disclosure and management of any actual or potential conflict.
41. Secondary Employment
Restricts or regulates additional work outside the employer’s business.
42. Non-Competition & Restraint of Trade
Restricts post-employment work with competitors within defined time and area.
43. Non-Solicitation
Prevents solicitation of clients, suppliers or staff for a period after employment.
44. Non-Disparagement
Prohibits making derogatory statements about the employer or related parties.
45. Return of Property
Requires return of documents, devices, keys and other property on request or termination.
46. Policies & Procedures Compliance
Binds the employee to current and future workplace policies, manuals and codes.
47. Grievance Procedure
Provides a framework for raising and resolving workplace complaints.
48. Dispute Resolution
Outlines steps for mediation, conciliation or arbitration of disputes.
49. Disciplinary Procedure
Sets processes for addressing performance issues or misconduct.
50. Stand Down
Allows unpaid stand-down in circumstances such as industrial action or equipment breakdown.
51. Termination by Notice
Specifies notice periods and requirements for resignation or employer-initiated termination.
52. Termination for Cause / Serious Misconduct
Sets out grounds for summary dismissal without notice.
53. Redundancy & Redeployment
Explains redundancy selection, consultation obligations and severance pay.
54. Payment on Termination
Details final pay components such as outstanding wages, leave and bonuses.
55. Set-Off of Entitlements
Allows salary to satisfy award monetary entitlements where lawful.
56. Indemnity & Liability
Allocates responsibility for losses or claims arising from the employee’s conduct.
57. Variation of Agreement
States that changes must be in writing and signed by both parties.
58. Entire Agreement
Confirms the contract supersedes all prior understandings.
59. Severability
Ensures unenforceable provisions are severed without affecting the remainder.
60. Waiver
Specifies that a failure to enforce a term is not a waiver of rights.
61. Governing Law & Jurisdiction
Identifies the Australian state or territory law and courts that apply.
62. Notices
Sets out how contractual notices must be given and when they are deemed received.
63. Assignment & Subcontracting
Restricts assignment of rights and obligations and deals with business transfers.
64. Counterparts & Electronic Execution
Allows signing in multiple counterparts or by electronic means.
65. Interpretation Rules
Contains general drafting rules such as gender neutrality and headings for convenience.
66. Schedule 1 – Position Description
Attaches a detailed statement of duties and KPIs.
67. Schedule 2 – Remuneration Package
Breaks down salary, allowances, super and incentive components.
68. Schedule 3 – Policies Acknowledgement
Lists policies the employee acknowledges having read and will comply with.
69. Signatures
Signature blocks for both employer and employee, dating the agreement and witnessing if required.
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Australia
AustraliaCompliance Legislation
Your AI Generated Employment Contract will be checked for compliance against the following legislation and regulations:
•
The principal legislation governing employment relationships in Australia, including the formation, terms, and enforcement of employment contracts, minimum entitlements, and dispute resolution.
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Regulations supporting the Fair Work Act 2009, providing detailed rules on matters such as employment contract requirements, modern awards, and compliance.
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Regulates contracts for services by independent contractors, distinguishing them from employment contracts and providing options for contractors to seek reclassification as employees.
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State-based legislation providing for long service leave entitlements that must be considered in employment contracts; varies by jurisdiction (e.g., NSW version linked).
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Prohibits discrimination in employment, requiring employment contracts to comply with anti-discrimination laws; federal protections also apply under the Fair Work Act.
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Governs the handling of personal information in employment contexts, including in contracts where employee data is involved.
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Requires employers to provide superannuation contributions as part of employment contracts, ensuring minimum guarantee rates.
What is a Employment Contract?
An Australian employment contract is a legally binding agreement between an employer and employee that outlines the terms of employment. It typically covers details such as job roles, responsibilities, salary, benefits, work schedule, and termination conditions. In Australia, it is crucial for these contracts to adhere to the Fair Work Act and other relevant legislation to ensure both parties' rights and obligations are protected. Our AI technology streamlines this process, providing customized and compliant employment contracts to meet the specific needs of your business.
Employment Contract FAQs
An Australian employment contract is a legally binding agreement between an employer and employee that outlines the terms and conditions of employment, including job duties, salary, working hours, and termination clauses. It ensures compliance with the Fair Work Act 2009 and protects both parties' rights.
Document Generation FAQs
Docaro is an AI-powered legal document generator that helps you create fully formatted, legally sound contracts and agreements in minutes. Just answer a few guided questions and download your document instantly.
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