Employment Agreement (Full or Part Time)

Why Use an Employment Agreement?

An Employment Agreement is a legally binding contract between an employer and employee that outlines the terms and conditions of employment. This essential document covers various aspects of the employment relationship, such as salary, entitlements, probation periods, confidentiality, termination, superannuation, and leave. It is suitable for full-time and part-time roles but should not be used for casual roles. The agreement ensures that both parties are clear on their roles, responsibilities, and expectations while adhering to the National Employment Standards (NES) and any applicable Modern Awards.

Ensure Compliance with Employment Standards

An Employment Agreement must comply with the legal minimum standards set by the NES and any applicable Modern Awards. This ensures that your employees receive fair treatment and protection under the law.

Clearly Define Salary and Entitlements

The Employment Agreement outlines the employee’s salary, entitlements, and other benefits, providing transparency and preventing potential disputes in the future.

Set Probation Periods and Termination Clauses

By including probation periods and termination clauses in your agreement, you can effectively manage employee performance and establish a process for ending the employment relationship if necessary.

Protect Confidential Information

A well-drafted Employment Agreement includes confidentiality clauses that safeguard your business’s sensitive information and trade secrets, ensuring that your employees respect and protect your intellectual property.

Address Superannuation and Leave

This agreement details superannuation contributions and leave entitlements, ensuring that both parties are clear on their rights and obligations.

Additional Employer Obligations and Resources

For further information on employer obligations, check out these links:

When to Talk to a Lawyer or Get a Quote

You should talk to a lawyer or get a quote if you:

  • Want advice on this agreement
  • Want to tailor this agreement

Our Employment Agreement is designed to be a starting point for businesses looking to establish a compliant and professional employment relationship. However, we still recommend getting legal advice about it.

We recommend consulting a lawyer (such as Attune Legal) if you need help tailoring this agreement to your business needs. This will ensure that it reflects what you have negotiated with your employee, while protecting your interests and complying with the law.

Tailoring is when a lawyer customizes an automated legal document to meet your specific needs. This process starts with a consultation, after which you will complete a form to generate the initial draft of the document (if you haven’t already generated a DIY legal document). The lawyer will amend the document in line with what was discussed during the consultation, then send it to you for review. Once all reviews are complete the document will be finalised for use, or eSigning (if applicable).

A review is when you send feedback to the lawyer on a tailored document, and they make changes or respond to your comments. Feedback should be made by commenting directly within the document. Tailoring includes two reviews as standard. This is usually more than sufficient. Additional reviews may be charged separately if needed, so it is recommend you thoroughly check and comment on the document before returning it to the lawyer.

eSigning is when a document is executed by collecting an electronic signature from a party to make it legally binding, instead of printing and signing on paper. This is achieved by using a third-party service such as HelloSign that will send a link to the email of each party required to sign the document. The recipient will then follow the link and sign the document using their computer or mobile device. The system will record when they viewed and signed the document as well as from which IP Address. We recommend all our documents be signed electronically, and will manage the process for each tailored document with which eSigning is included.

Mode.law offers document automation services in addition to our tailoring services. If a tailored document is intended to be used repeatedly, mode.law can create a reusable form within your mode.law account. The form can be used to generate new documents based on your tailored template. The form will complete the main variable information that will differ such as (for example) new counter parties, purchase orders or statements of work. This speeds up your business processes, and makes things efficient to tailor when you need a few additional changes. Fees for document automation can be quoted during a consultation.