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Contract of Employment - Full Time (Simple)

Version 1.1 Updated 25 Nov 2021
Contract Recruitment

Why you need this contract

Workplace's simple contracts are written in plain English. 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. This expertly-drafted contract of employment protects you by simply and clearly setting out the key conditions of employment that will apply to employees of your business.

The Contract of Employment - Full Time (Simple) is designed for use by small businesses with uncomplicated employment arrangements.
 
If you are looking for a longer, more comprehensive contract that includes the protection of the employer’s intellectual property and moral rights and/or post employment obligations including non-solicitation of customers, employees and suppliers, you should use the Contract of Employment - Full Time (Comprehensive).

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.

Disclaimer

This is not a comprehensive legal document and will not completely cover employers for all liability or claims.
 
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; 
•    IT, computers and devices; 
•    COVID-19 vaccinations; 
•    termination of employment; and
•    general matters.

Signing the contract

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

Remember, you also have to provide a copy of the Fair Work Information Statement to a new employee before they commence employment or as soon as practicable after the employee commences employment. This is a requirement of the National Employment Standards.

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 contracts unnecessarily complex and quite frankly, boring.

However, because these contracts are relatively simple, it is important that you consider whether they are appropriate for your business prior to adopting them. The idea behind providing you with an option of a simple contract is to best serve the outcomes you desire for your business. As we said above, there is a longer, more comprehensive contract available that may be more suitable to your business.

COVID-19 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. 

What if I have Questions?

You may also wish to consider contacting Australian Business Lawyers & Advisors for specialised and targeted legal advice on the specific needs of your business. In particular, if you wish to make any amendments to the document that are more substantial than just inserting the relevant details (such as name, wage rate etc) required to complete the document. 

 

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