What should an employment contract stipulate

If your employer is agreeable to incorporating a dispute resolution clause into your contract, we recommend you consider a procedure whereby attempts are made to resolve the dispute at the workplace level first, with the ability for the parties to escalate the dispute to an external body for resolution if required.

Employers will usually have a number of policies that cover the administration of allowances and reimbursements of expenses. The policies will usually set out in what circumstances you can claim your expenses and the processes to be followed. You can also view our FAQ section below To organise a contract review please take the time to fill out our Contract Review Request Form, and one of our advisors will get back to you.

Frequently Asked Questions. Why do I need to sign a contract? What is the status of this employment contract and why does my new employer want me to sign it? What does a probationary period mean to my employment? My employment contract states that my employment will be subject to the completion of a probationary period. What does that mean?

Under what circumstances can my new employer terminate my employment? Is that enforceable? Working additional hours. Does this mean I will be paid for all hours I work or not? My employment contract contains a term that stipulates that my ordinary hours of work will be 38 hours per week but that I may be required to work additional reasonable hours from time to time and that my annual salary has been calculated at an amount to include payment for any such additional hours.

Does my contract comply with Australian employment laws? It has been a while since I signed an employment agreement. How can I tell if my new employment agreement complies with Australian employment laws? What should be set out in the contract regarding salary and super? I agreed on the annual salary amount I will be paid in my new employment with the recruitment agent over the phone.

Is there anything about my remuneration that should be set out in the employment agreement? Should bonuses be included my employment contract? During the interview process I found out that my new employer has a bonus scheme and now I am expecting to get paid a generous bonus at the end of each performance year.

Should the bonus be included somewhere in my employment contract? Can anything be added to my contract to cover dispute resolution? In a previous job I had a disagreement with my manager and HR staff about whether a certain employment entitlement was applicable to me.

Is there a clause that can be incorporated into my employment agreement that provides for such disputes to be resolved fairly and without having a negative impact on my employment relationship? Should the grievance not be resolved, or at any time during this process, either party may refer the matter to Fair Work Australia for determination by any method of dispute resolution prescribed by the Fair Work Act that Fair Work Australia considers appropriate to ensure the settlement of the dispute.

Should I confirm how allowances and reimbursement are paid before signing? My new job is likely to include a lot of travel and it is envisaged that I will have to relocate shortly after taking up my new employment.

If an employee and employer agree to better terms and conditions than minimum rights contained in the Act, these should be recorded in the employment agreement. For the first 30 days, the individual employment agreement must contain terms consistent with the collective agreement, where there is a collective agreement in place. An employment agreement can contain any other terms and conditions that the employee and employer have agreed to, for example, the notice period required for resignation and termination, a trial period provision, an availability provision, whether the employee can be made to work on a public holiday, or an annual closedown.

Employers need to think carefully about the needs of the business before they draft an employment agreement. Our employment agreement builder can provide you with information on mandatory and optional clauses. Employment agreement builder.

This usually means you would implement changes at the same time as offering a promotion or pay increase. If changes are made, you should provide details of the changes within one month of the change. If you are considering making substantial changes to the contracts of your existing staff we recommend that you discuss the best way of implementing these changes with an HR consultant.

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