The importance of having well-written employment contracts cannot be underestimated. They set a clear framework for the employment relationship and reduce the risk of confusion around the terms of employment.
The Fair Work Act and the Modern Awards typically provide protection for employees and their minimum entitlements. Whereas, a well drafted employment contract will put in place terms and conditions that protect your business.
We frequently see issues resulting from where a contract has been poorly drafted; has been found on the internet or where businesses have taken a one size fits all approach and applied the one contract to all employees.
Common mistakes we see with contracts
- Downloading contracts from the Internet; using ones given to you by someone else; or otherwise using contracts that are not fit for purpose.
- Paying an above award wage or salary, without a written agreement allowing for ‘off setting’, and assuming that you can ‘set off’ award entitlements.
- Not having confidential information and intellectual property clauses to protect company information.
- Having poorly drafted unenforceable restraint of trade clauses, or no restraint of trade clause, where the employee is either senior management; integral to the business and/or has access to confidential information, and therefore unable to stop them going to work for a competitor or soliciting your clients and employees.
- Not having detailed termination clauses, including clauses regarding notice of termination and serious misconduct.
How can we help you?
Our lawyers are experienced in drafting all types of employment contracts including full-time, part-time and casual contracts for all levels of employees; whether award employees or not; across all industries and taking into account the different types of employment arrangements that may apply. We specialise in tailoring employment contracts to be suitable to your workplace.
We also review contracts of employment, enterprise agreements or independent contractor agreements that our clients have prepared to ensure compliance with relevant legislation.
Don’t make protecting your business a costly afterthought. Arrange a time to talk to one of our Employment Lawyers about your business and its employees, so that we can tailor a contract to suit your needs and minimise your risk.
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Overtime: to pay or not to pay
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