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Contract of Employment - Apprentice/Trainee

Version 1.1 Updated 25 Nov 2021
Contract Recruitment

Why you need this contract

Workplace’s Apprentice/Trainee contract is a simple contract of employment for Apprentices or Trainees who are being employed by your business.
 
If you do not have a contract of employment in writing then the law may “imply” a number of terms and conditions into the relationship you have with your employees.
 
Furthermore, an Apprentice or Trainee will already be subject to a Training Contract with a Registered Training Organisation and any contract of employment needs to be mindful of the terms of the Training Contract that is already in place.
 
It is important to ensure an Apprentice or Trainee is on a fixed term contract, whereby their employment comes to an end when:

  • their Apprenticeship or Traineeship finishes; and
  • in accordance with the terms of any Training Contract.

 

This expertly-drafted contract protects you by simply and clearly setting out the conditions of employment that will apply to Apprentices/Trainees.

This Contract is designed for use by small businesses with uncomplicated employment arrangements.

Commentary

This Contract can be used by all employers throughout Australia, except the following excluded employers:

  • Non-constitutional corporation employers in Western Australia;
  • State public sector employees (ie employees of a Minister, the Governor, or the Crown) except in Victoria; and
  • Local government employers — except in Tasmania and Victoria.

 

Excluded employers may wish to use this document, but you should first obtain legal advice.
 
What does the Contract cover?

This Contract covers:
•    the employee’s position;
•    probation; 
•    general obligations; 
•    salary; 
•    commencement date; 
•    hours of work; 
•    superannuation; 
•    leave; 
•    policies and procedures; 
•    vaccinations;
•    IT, computers and devices and surveillance; 
•    termination of employment and what happens if the employee does not comply with their Training Contract;
•    general matters

COVID-10 Vaccinations

In response to the COVID-19 pandemic, we have included a clause that allows employers to mandate vaccination for new employees if that is a path your business wants to take. 

Mandating vaccinations is easy for new employees as you can make vaccination a condition of employment (subject to the applicant having a genuine medical contraindication which will need to be assessed on a case by case basis). Mandating vaccination for existing employees is trickier and may requires an assessment on whether that mandate is a reasonable and lawful direction in the circumstances. 

If your business plans to collect evidence of vaccinations, your business will also need to consider the requirements of the Commonwealth Privacy Act 1988 and the Australian Privacy Principles.  

This is obviously a new and difficult area so you may want to seek legal advice before implementing such a vaccination mandate.

Signing the Contract

You should provide the employee with a duplicate copy of the Contract to sign, date, and return. 

Note

Workplace is pleased to present these simplified contracts. We have prepared these documents as a result of feedback from subscribers and businesses. Sometimes businesses and their employees find detailed policies (or documents) unnecessarily complex and quite frankly, boring.

However, as a result of simplifying these contracts, it is important that you consider whether they are appropriate for your business prior to adopting them.

You may also wish to consider contacting Australian Business Lawyers & Advisors for targeted advice on your businesses specific needs.

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