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Conditions of employment

Covering the legal requirements of entering into an employment relationship, this section has information and resources in the areas of contracts, probation and the statutory safety net. 

Employment contracts

An employment contract is an agreement between an employer and an employee that sets out the rights and obligations of each party.  As with any contract, the law requires certain conditions to be met before it will recognise an employment contract.  Employment relationships can take on several different forms and each form will create certain rights and obligations on the parties involved. The terms of employment contracts will also vary depending on the nature of the relationship between the parties and what rights and responsibilities are sought to be created.  

In developing employment contracts there are many elements an employer must consider.  This section takes you through the process of writing an employment contract including developing, reviewing and making changes to a contract as well as specific elements such as post-employment restraints, disciplinary processes and identifying an employee as distinct from an independent contractor. 

Enterprise agreements

An enterprise agreement is a legal document which sets out the conditions of employment for a group of workers and their employer which has gone through a bargaining process and granted approval from the Fair Work Commission (FWC). An employer can make a statutory collective agreement, known as an enterprise agreement, with some or all of its employees. Once made and approved by the FWC, an enterprise agreement operates to the exclusion of any modern award for those employees it covers and will endure until it is terminated. 

Probation

An important part of commencing an employment relationship is the probation period.  This section provides guidelines and templates to support an employer in setting and using the probation period.  

The Statutory Safety Net

This section provides information on the National Employment Standards, minimum wage and modern awards which form the safety net for employees under the national workplace relations system.  

For more information on contracts, please see our:

Frequently Asked Questions

INFORMATION SHEETS

GUIDELINES

TEMPLATES

ADDITIONAL LINKS

Content in this topic is contributed by:

Holding Redlich

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