- Sets out the terms and conditions upon which the owner of a business engages an employee to work in their business.
- Can be used for full time, part time or casual employees.
- Protects your confidentiality and intellectual property
- Drafted in plain English by Australian lawyers
- Easily customisable
What is an Employment Agreement?
An employment agreement is an agreement between a business (employer) and a person it hires to work for them ( an employee). This agreement sets out all the terms of engagement and defines the roles and obligations of both parties
Who can use it?
- Can be used for full-time, part-time and casual employees.
- Suitable for all Australian states and territories
Do I need it?
Yes! A contract protects both the employer and employee. It provides certainty and clarity by setting out the terms of engagement and the obligations of both parties.
What does it cover?
- Whether the employment is full time, part time or casual
- Key Employment terms including : Term, Commencement , Duration and Hours of Work, location.
- Probation (trial) period (if any)
- Position, duties and reporting lines
- Leave entitlements
- Intellectual Property
- Restraint of Trade (restraints on the employee post termination)
- Termination clauses
- Other legal clauses typically included in an Employee Agreement.
How do I use it?
Complete the template, have it agreed and signed by both parties. Both parties keep a fully signed copy of the document for future reference.
Note: if you are hiring someone as a contractor rather than an employee, check out our Independent Contractor Agreement.
Minimum Standards of Employments
When hiring employees, you need to be aware of the National Employment Standards (NES) -10 minimum standards of employment that apply for all employees. You must meet or exceed these.
Employer Obligations - Awards
We recommend that you consult the Fair Work website to check any Awards and agreements that may apply before using this template.
As an employer, it is your responsibility to pay at least the minimum wage and entitlements to your employees under the applicable modern award or enterprise agreement.
You must also provide all new employees with a copy of the Fair Work Information Statement by law. For causal employees you must provide them with a copy of the Casual Employment Information Statement.
Is my employee covered by an Award?
- Awards apply to employers and employees depending on the industry they work in, and the type of job worked.
- There are more than 100 industry or occupation awards that cover most people who work in Australia. An employer can be covered by more than one award.
- You can use the Find My Awardtool to check for award coverage on the Fair Work website.
- In some cases, there may not be an award that covers your industry/job role (this is known as “award-free”). In this case you still need to comply with the national minimum wage requirements and the NES.
- If you are unsure about an employee’s status, you should seek legal advice.
You can view a handy guide to hiring new employees HERE
Please note that using our online services and templates doesn’t constitute legal advice and doesn’t create a lawyer-client relationship between you and Legally Healthy.
If you have questions about the template and whether it fits your specific needs or need legal advice, feel free to book in a free consultation.
The information offered on www.legallyhealthy.com.au should be considered informational only and is NOT LEGAL ADVICE.
Is this template suitable for all states and territories?
Yes, it is suitable for use in all states and territories in Australia.
Can I use this template if I live outside of Australia?
This template complies with Australian employment law so is suitable for businesses in Australia. While similar principles may apply in your jurisdiction, please consult with a lawyer qualified in your jurisdiction.
Is this template legally binding?
It sure is! It is drafted by qualified Australian lawyers and is legally binding.
What file format does the template come in?
How do I complete the template?
All our templates come with instructions on how to complete them. You complete the highlighted text in the template in order to personalise to suit your business needs, then you save, delete any explanatory comments in the template, remove any remaining highlight and you are ready to use it. Feel free to add your branding and logo. We think your legals should fit seamlessly into your business branding.
How long does it take to complete?
Approximately 10-20 mins.
How often are the templates updated?
We are constantly updating and adding to our template library . We provide minor updates to wording and formatting in our documents.
If the law changes, we’ll email you with the changes and updates to add to your existing templates. You have lifetime access, so any updates are provided free of charge.