COURSE OVERVIEW:
Welcome to the course on Developing Compliant Australian Employment Contracts. This course is designed to equip you with the essential knowledge and practical skills required to create and manage employment contracts that comply with Australian legal standards. By the end of this course, you will be adept at drafting, executing, and maintaining employment contracts that protect both the employer and the employee while adhering to all relevant laws and regulations. Each section will be complemented with examples to illustrate the concepts and techniques discussed.
We begin with an introduction to employment contracts, providing an overview of their purpose and significance. You will learn about the different types of employment contracts and their importance in defining the terms and conditions of employment, ensuring clarity and legal protection for all parties involved.
The Australian legal framework section covers the key legislation and regulations governing employment contracts. You will gain an understanding of the National Employment Standards (NES) and the Fair Work Act 2009, which set the minimum standards for employment conditions in Australia.
Definitions and recitals are fundamental components of employment contracts. This section explores key definitions, the purpose of recitals, and common clauses included in the employment contract to ensure clarity and legal soundness.
Position and duties focus on detailing the job title, description, and the scope of responsibilities. You will learn how to address the variation of duties and incorporate flexible working arrangements to accommodate evolving business needs.
Duration of employment covers the commencement date, probationary period, and performance assessment during probation. This section ensures that the contract specifies the timeline and conditions for the employment relationship.
Performance expectations outline the standards of professional conduct, compliance with lawful orders, and the framework for performance reviews. This section helps set clear expectations for employee behaviour and performance.
Salary and benefits detail the structure and payment of salary, superannuation, and any additional allowances such as mobile phone and travel allowances. This section ensures that compensation details are clear and comprehensive.
Working hours and leave entitlements cover ordinary working hours, annual leave, long service leave, and personal/carer’s and compassionate leave. You will learn how to incorporate these entitlements in compliance with Australian standards.
Other employment and conflict of interest address restrictions on other employment and the policies for managing conflicts of interest. This section includes procedures for reporting and managing conflicts to maintain ethical standards.
Confidentiality and intellectual property are crucial for protecting company interests. This section defines and safeguards confidential information, copyright materials, and intellectual property rights within the employment contract.
Termination of employment outlines the notice period, conditions for summary dismissal, and redundancy procedures. This section ensures that termination clauses comply with legal requirements and provide clear guidelines for ending the employment relationship.
Restricted activities cover post-employment restrictions such as non-compete clauses. You will learn about the definitions and legal implications of restricted activities to protect the company’s interests after employment ends.
Company policies and procedures require compliance with key company policies, such as safety and code of conduct. This section includes the consequences of policy violations, ensuring that employees understand and adhere to company standards.
Amendments and severance detail the procedures for amending the contract, the severability of contract clauses, and the entire contract clause. This section ensures that the contract remains flexible and legally enforceable.
Governing law and jurisdiction specify the applicable laws, jurisdiction of courts, and dispute resolution mechanisms. This section provides a legal framework for resolving disputes and ensuring compliance with Australian law.
Execution of the contract focuses on the formal requirements for signing, witnessing, and storing executed contracts. This section ensures that all contractual formalities are properly followed and documented.
Finally, we provide an Australian employment contract template to illustrate the principles and practices covered in the course. This template serves as an actual practical example to guide you in drafting your own compliant employment contracts.
By the end of this course, you will be proficient in developing and managing employment contracts that comply with Australian laws, protecting the interests of both employers and employees while fostering a fair and transparent working relationship.
LEARNING OUTCOMES:
By the end of this course, you will be able to understand the following topics:
1. Introduction to Employment Contracts
- Overview of Employment Contracts
- Importance of Employment Contracts
- Types of Employment Contracts
2. Australian Legal Framework
- Relevant Legislation and Regulations
- National Employment Standards (NES)
- Fair Work Act 2009
3. Definitions and Recitals
- Key Definitions in Employment Contracts
- Purpose of Recitals
- Common Clauses in Recitals
4. Position and Duties
- Job Title and Description
- Variation of Duties
- Flexible Working Arrangements
5. Duration of Employment
- Commencement Date
- Probationary Period
- Performance Assessment during Probation
6. Performance Expectations
- Professional Conduct
- Compliance with Lawful Orders
- Performance Reviews
7. Salary and Benefits
- Salary Structure and Payment
- Superannuation
- Mobile Phone and Other Allowances
8. Working Hours and Leave Entitlements
- Ordinary Hours of Work
- Annual Leave and Long Service Leave
- Personal/Carer’s and Compassionate Leave
9. Other Employment and Conflict of Interest
- Restrictions on Other Employment
- Conflict of Interest Policies
- Procedures for Reporting Conflicts
10. Confidentiality and Intellectual Property
- Definition and Protection of Confidential Information
- Copyright Materials
- Intellectual Property Rights
11. Termination of Employment
- Notice of Termination
- Summary Dismissal
- Redundancy
12. Restricted Activities
- Definitions of Restricted Activities
- Restraint on Competition after Termination
- Legal Implications of Restricted Activities
13. Company Policies and Procedures
- Compliance with Company Policies
- Key Company Policies
- Consequences of Policy Violations
14. Amendments and Severance
- Procedures for Amending the Contract
- Severability of Contract Clauses
- Entire Contract Clause
15. Governing Law and Jurisdiction
- Applicable Laws
- Jurisdiction of Courts
- Dispute Resolution Mechanisms
16. Execution of the Contract
- Formal Execution Requirements
- Witnessing and Signing
- Storing and Accessing Executed Contracts
17. Australian Employment Contract Example Template
COURSE DURATION:
The typical duration of this course is approximately 2-3 hours to complete. Your enrolment is Valid for 12 Months. Start anytime and study at your own pace.
COURSE REQUIREMENTS:
You must have access to a computer or any mobile device with Adobe Acrobat Reader (free PDF Viewer) installed, to complete this course.
COURSE DELIVERY:
Purchase and download course content.
ASSESSMENT:
A simple 10-question true or false quiz with Unlimited Submission Attempts.
CERTIFICATION:
Upon course completion, you will receive a customised digital “Certificate of Completion”.