Standard Employment Contract
|Sample Document||Standard Employment Contract|
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The Cleardocs Standard Employment Contract enables you to clearly set out the terms and conditions of the employment relationship between your organisation and an employee. The Cleardocs Standard Employment Contract complies with the Fair Work Act 2009 (Cth) and the National Employment Standards (NES) in force at the time of purchase of the contract.
Creating your Standard Employment Contract through Cleardocs is easy. Once you complete the question interface, you will immediately receive a link to download your documents. It takes about 15 minutes.
Legal sign-off: All Cleardocs master documents are written in plain language and are signed-off by our lawyers at Maddocks.
General Information for your Standard Employment Contract
What documents are included in the Cleardocs package?
The Cleardocs standard employment contract document package includes:
- your tailored Contract of Employment; and
- an Establishment Kit telling you what to do next.
What information do you need to order a Standard Employment Contract through Cleardocs?
You can download our checklist of the information required to order a Standard Employment Contract here.
Tailoring the standard employment contract to the needs of your organisation
The Cleardocs system enables you, when preparing your document, to choose between common clauses in the employment contract to suit the needs of your organisation and the individual employee. For example, within legal limits and subject to the requirements of any applicable Award or enterprise agreement, you may customise the employment contract to reflect the employee's:
- job description;
- working hours and days of the week;
- place of work; and
- annual leave entitlements.
The Cleardocs interface also enables you to choose whether to include particular clauses in the contract depending on their relevance. For example, you can choose to include clauses to reflect whether:
- the employee is full or part time;
- the employee has a probationary period — you may choose how long this period may be;
- the employee has a commission arrangement;
- the employee is entitled to be part of a bonus scheme;or
- the employee is a replacement employee for an employee on parental leave.
For which employees is the employment contract relevant?
The standard employment contract is relevant for most:
- full time staff;
- part time staff; and
- non-senior employees.
Should an organisation also arrange a HR Policies and Procedures Manual?
If you order the standard employment contract package, then we recommend that you consider ordering our HR Policies and Procedures Manual. The two documents are designed to work together.
Links to employment legislation and industrial agreements
Most employer/employee relationships are covered by the Fair Work Act 2009 (Cth) (including the National Employment Standards (NES)) and other industrial awards or agreements. You need to know which of these apply to your organisation. To understand the obligations that apply to your organisation, see:
Also, you can call the Fair Work Infoline on 13 13 94 between 8am-6pm local time, Monday-Friday.
If the employer is in Western Australia, then its employees may fall under the WA State system — unless:
- the employer is a trading or financial corporation; or
- otherwise covered by the Fair Work Act 2009 (Cth) and the Federal system.
You should seek advice on this issue.
Seek legal advice
The Standard Employment Contract information here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.
Frequently Asked Legal Questions for Standard Employment Contracts
- How does the Cleardocs Standard Employment Contract work in a workplace in which an industrial agreement is in place?
- Is the Cleardocs interface suitable if there is an industrial agreement in place?
- Advantages: an employment contract can cover matters not included in the industrial agreement
- What to be careful of
- The Cleardocs HR Manual supports the Cleardocs Standard Employment Contract
- Definitions: consultant or employee?
- What is a "replacement employee"?
Questions or further information
If you have questions:
- about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
- about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.