Employment contracts are vital in the operations of a business and is part of everyday life of a business. From drafting and reviewing a contract to resolving contractual disputes, Bailiwick Legal supports and helps clients resolve their needs and achieving the final outcome.
Workplace contract law and policies is extremely complex and constantly changing. We can help ensure you are compliant with legal requirements and meeting high standards for employees.
We at Bailiwick Legal will help you understand the many contractual issues and policies related to the workplace. We provide advice on how to protect your business against breach of contract or tailoring a contract to avoid your employee leaving and taking trade secrets with them.
We handle all contractual and policy queries, for any questions regarding a potential or current contract need or dispute, contact us today using the form below or calling us at 0893215451 .
We also assist in HR advice, employment training and investigation, workplace bullying and discrimination, workplace dispute resolution and unfair dismissal – you can seek information on these services on a main Bailiwick Workplace page.
Our offices are open 9am – 5:30pm Monday – Friday.
An employment contract involves several terms and conditions that can be in writing or verbal that provides an agreement between an employer and an employee.
It is vital for a business to have a legally compliant employment contract tailored to the operations of their business.
An employment contract should outline all key information regarding the position as well as everything an employee has to know about working for the employer. This can include:
There are no restrictions as to what can be stated in an employment contract. Employee contracts can vary between different industries and positions.
An example of an employment contract can be:
These terms are only a small part of a contract and it is vital to seek legal advice to draft a correct and effective contract tailored to your business.
There are different types of employment contract with each type having their own advantages and disadvantages such as tax obligations and industry standards.
The different types of employment contracts include:
It can be a very tedious and confusing process to create an accurate and legally binding employment contract that will also negate future contractual disputes. This is why there are several issues to consider prior to drafting a contract to ensure it covers all areas possible from taking on the employee to termination.
Some issues that should be considered may include:
Every contract should abide by the relevant award/enterprise agreement it is in as well as the National Employment Standards (NES). These requirements can be found on the Fairwork Australia website here
The NES states 10 legal requirements all businesses should follow, it is a legal offence if a contract provides less than what is stated in these standards. The NES 10 requirements include:
All employment contracts can have implied terms, which are terms not necessarily set out in writing or agreed verbally but are terms that still form part of the employer and employee agreement.
Notable examples which the law implies in an employment agreement are duties and responsibilities both parties should have. For example, this may include the employer’s duty to provide a safe system of work as well as to take action to avoid foreseeable risks of injury.
In some cases, a particular industry may create implied terms in a contract due to the standard industry practice. It can be industry practice to always wear a hi-vis jacket and this can be an implied term for the employee.
Depending on nature of the employer, they might be subject to different awards, either state or federal award. This will then have different obligations to the employer.
For example, casual loading differs between Federal and State law – with State Law having 25% loading and Federal Law having 17% loading.