FULLTIME EMPLOYMENT
POSITION OF «Position»
CONTRACT
FOR
THE
THIS CONTRACT IS BETWEEN:
«Our_Company», A.C.N: «Our_ACN», «Our_address»
And
«Staffs_name» of «Staffs_St_Address__suburb»
GENERAL CONDITIONS:
(a)
(b)
(c)
This contract will apply from «Start_Date»
Your employment commencement date is «Start_Date»
It is a condition of employment that you adhere to «Our_Company»
policies and procedures and you satisfactorily discharge all duties
specified in your Job Description policy and procedures manual
DUTIES:
(a)
(b)
(c)
Your position is classified as «Position»
You are to report to and are accountable to the «Reporting_Senior»
The present location is «Our_address»
Confidential
Page 1 of 8
06/08/2009
TERMS OF EMPLOYMENT:
1.
SALARY (WAGES):
(a)
Base Salary
Your salary package (excluding commissions and bonuses) will be:
Base Salary:
«Base_salary»
Superannuation:
«Superannuation_»
Total:
«Total_Renumeration» (excluding bonuses):
2.
PROBATIONARY PERIOD:
(a) A performance review will be undertaken during the initial three month
period prior to confirmation of your ongoing full time employment.
(b) This offer will be based on your work performance against the agreed
criteria as per your job description (Attached). During this probationary
period, «Our_Company» will assist you, as necessary, to prove yourself
suitable for the position.
(c) If you are unsuitable you will not be offered a full time position and your
services will be terminated.
3.
OFFICE HOURS:
Office hours are weekdays between 8.30am and 5.30pm with an unpaid lunch
hour to be taken at a mutually agreed time. It should be understood that you
may need to work outside these hours on occasions in order to complete your
duties.
4.
ANNUAL LEAVE:
You are entitled to four weeks paid annual leave at the completion of twelve
months employment. Annual Leave will be taken at a mutually convenient
time each year, and generally the company closes for one or two weeks over
the Christmas period.
It is company policy to ensure that annual leave does not accumulate beyond
one year’s entitlement.
5.
SICK LEAVE:
(a)
Sick leave entitlements of ten days per year accrue on a pro-rata basis.
From this entitlement, up to five days per year can be taken as carer’s
leave, i.e. carer’s leave is not additional to sick leave.
(b)
You should notify the office by 8:30 if you are to be absent on sick
leave that day.
(c)
A doctor’s certificate is required for absences of more than one
consecutive day.
6.
BEREAVEMENT/COMPASSIONATE LEAVE
(a)
Bereavement / Compassionate leave is time taken off without loss of
pay for the serious illness of a near relative. Bereavement leave is
reserved for the death of a near relative.
7.
SPECIAL LEAVE:
In special circumstances you may be granted leave on application to your
manager. This leave is at the discretion of your manager and may be paid or
unpaid depending on the circumstances.
All leave types should be applied for on the appropriate leave applications and
approved by your manager.
8.
PUBLIC HOLIDAYS:
(a)
You will be able to take all gazetted public holidays without loss of pay.
(b)
If required to work on a public holiday, you will be granted the
equivalent time off or payment as agreed.
9.
LONG SERVICE LEAVE:
(a)
Long service leave may be taken on a pro-rata basis after ten years
continuous service although there is no entitlement to this.
You are entitled to long service leave of thirteen weeks after fifteen
years of continuous employment. Thereafter, you are entitled to a
further four and one third weeks after every five years continuous
service.
10.
PARENTAL LEAVE:
(a)
You are entitled to parental leave of up to twelve months, unpaid, on
the birth of a child.
(b)
Conditions and details for parental leave are as per the Australian
Workplace Relations Act.
11.
SUPERANNUATION:
(a)
In addition to your salary entitlement, «Our_Company» will make
superannuation contributions on your behalf in accordance with the
Superannuation Guarantee Charge Act. This amount is shown on page
1 of this contract as part of your salary package. Superannuation is
paid on base salary which includes Ordinary Time Earning that is
inclusive of holiday pay and sick leave, excluding commission, bonuses
and fringe benefits.
(b)
These contributions will be paid into a superannuation plan of your
choice or the Company’s Superannuation Plan. Details of this fund and
your options will be provided to you.
(c)
The company offers a salary package which allows salary sacrifice by
you in order to make additional contributions to your superannuation.
You may wish to seek financial advice before making this decision. The
company will provide you with a contact name at the Superannuation
company who also can advise you. If you have chosen this option,
your Rate of Pay on page 2 of this contract shows this amount.
(d)
Superannuation is also available on a voluntary contribution basis
should you wish to contribute personally.
12.
STAFF DEVELOPMENT:
(a)
APPRAISALS AND CAREER PLANNING
Performance reviews are held twice per year for all staff.
These sessions are an opportunity for you to discuss all aspects of
your work with your Manager, and to receive formal feed back on to
your performance.
These appraisal sessions will not only focus on reviewing past
performance, but planning for the future, setting objectives, identifying
training needs and new opportunities for your career development.
(b)
EXTERNAL STUDY
You are encouraged to undertake studies on your own behalf which
may enhance your career prospects within «Our_Company»
Time off and leave under this clause are only available where it has
been agreed prior to the commencement of the course that it is of
immediate relevance to your work duties.
13.
SETTLEMENT OF DISPUTES:
(a)
Where a dispute or grievance about any issue in this agreement arises,
you will attempt to resolve the matter with your manager.
(b)
If the issue cannot be resolved, you will attempt to resolve the matter
with the Managing Director.
(c)
If the matter remains unresolved, it may be referred to a mutually
agreed independent person or body for mediation, conciliation or where
both parties agree, arbitration.
(d)
Either party may seek assistance at any stage in the process.
Please confirm your acceptance of this offer by signing and returning
this contract.
PARTIES TO THE CONTRACT:
The parties to this contract are:
Daryl Keeley
Director
(Signature)
(Date)
On behalf of «Our_Company»
AND
«Staffs_name»
(Signature)
(Date)
WORKCOVER CONDITION NOTIFICATION
It is a requirement of the Accident Compensation Act, 1985 (Vic) that we keep
a register of employees’ pre existing conditions (illness, injury or disability). If
you have a condition which is exacerbated during your employment, which
you knew about and which you should reasonably have known may have
been exacerbated by or during your employment with «Our_Company» your
entitlements to compensation for exacerbation may be compromised if you
have not informed us of the condition.
Have you had or do you have any conditions (illness, injury or disability) which
may be adversely affected by or during your employment with
«Our_Company»
Yes / No (please circle)
If Yes please specify;
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
Sign:……………………………………………………………… Date:……………
«Staffs_name»
Have you had or do you have any condition (illness, injury or disability) which
may impact upon your ability to perform your employment duties or which may
need appropriate equipment or modifications to enable you to perform your
employment duties with «Our_Company»
Yes / No (please circle)
If Yes, please specify including (if applicable) any requirements / modifications
/ equipment;
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
Sign:…………………………………………………………… Date:……………
«Staffs_name»
CONFIDENTIALITY
I «Staffs_name» acknowledge that during the course of employment with
«Our_Company» that I may become acquainted with or have access to the
confidential information, and agree to maintain the confidence of the
confidential information and to prevent its unauthorised disclosure to or use by
any other person, firm or company. I also agree to keep my employment
arrangement, including salary details, confidential at all times.
Upon the termination of my employment for any cause or by any means
whatsoever I shall not thereafter:
1. make public or divulge to any person the confidential information, any
trade secrets including but not limited to any manuals, advertising,
promotional data, advisory memoranda or any information concerning
the business, finances, dealings, transactions or affairs of
«Our_Company»
2. Advertise, publicise or permit the advertising or publicising of the
former connection of «Our_Company».
3. Approach directly or indirectly any customer of «Our_Company»
to influence it to cease carrying on business with
«Our_Company», or otherwise to entice it away from
«Our_Company».
4. Do any act or thing which may impair or reduce «Our_Company»’s
reputation standing in the eyes of the public or any of its customers;
5. Disclose the contents of any correspondence received by
«Our_Company», and
6. in the course of and upon and following termination of employment, I,
«Staffs_name», will not copy or retain any material belonging to or in
the possession of «Our_Company», or make use of any confidential
information, without the written consent of «Our_Company» including:
a. client names and addresses;
b. processes, methods, techniques or formulae developed by
«Our_Company» or its servants or agents, including the
Employees
c. and I declares that I will not use or permit any other person to
use such material or make use of such intellectual property.
7. Induce or attempt to induce any of the Employees of «Our_Company»
to terminate their Agreements or contracts with «Our_Company».
Sign:…………………………………………………………… Date:………………
«Staffs_name»
RESTRAINT
The following agreement between «Staffs_name» and «Our_Company» is to be
understood to be in the context of the business of «Our_Company» which is the
business of recruitment and employment/placement services and it specifically
excludes any other personal and/or business activities unrelated to the position
that «Staffs_name» is employed by the company. The agreement also
specifically excludes any matter that relates to information that is or in the
course of time becomes in the public domain and any previously existing (prior
to the commencement of employment with «Our_Company») information and/or
relationships with person(s) and/or companies that may coincidentally and/or
concurrently also be clients of «Our_Company».
I «Staffs_name» undertake and agree, again in consideration of the
continuing benefits which I will derive under this Agreement, that the I will not
at any time during the period one year from the date of expiry or termination of
this Agreement (the “restraint period”):
1. Solicit or attempt to solicit the business or custom of any client of
«Our_Company» or any person who during the twelve months
preceding termination of this Agreement was a client of
«Our_Company»
2. solicit or attempt to solicit the business or custom of any person whose
business or custom «Our_Company» was cultivating at the time of
termination of this Agreement;
3. perform or cause to be performed in any capacity and by whatever
means any business or services that is in competition to
«Our_Company» for any client of «Our_Company» or any person who
during the twelve months preceding termination of this Agreement was
a client of «Our_Company»
I «Staffs_name» acknowledge that the restrictions contained in this clause
are: fair and reasonable in regard to the subject matter, area and duration;
and reasonably required by «Our_Company» to protect its business and
financial interests.
Should I, «Staffs_name», accept instructions or act on behalf of any client of
«Our_Company» within the restraint period, I shall hold upon trust for the
benefit of «Our_Company»the amount of any fee or payment paid by the
client to me («Staffs_name») or any company or person which may employ
me. Once I have received payment from the client I shall notify the finance
department of «Our_Company» in writing within 7 days. I shall release this
trust amount upon demand within 7 days.
Sign:…………………………………………………………… Date:………………
«Staffs_name»
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