Employment Agreement - Long Form (Australia)

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An employment agreement is an agreement between an employer and an employee which provides the terms and conditions of the employment relationship. An employment agreement provides the basic conditions of an employee’s employment (duties to be performed, salary and benefits) but also clarifies an employer’s expectations of an employee and usually sets forth grounds for termination. This agreement is beneficial to both parties.

Among others, this form includes the following provisions:
  • Employment
  • Employee Compensation/Benefits
  • Expenses and Conflicting Employment
  • Non-Compete Agreement
  • Non-Solicitation of Employees
  • Inventions
This lawyer-prepared packet contains:
  1. General Instructions & Checklist
  2. Information
  3. Step-by-Step Instructions
  4. Employment Agreement – Long Form for use in Australia
Law Compliance: This form complies with the state and territory laws of Australia
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Employment Agreement  Long Form
(Australia)

 

 
 
This Employment Agreement (the “Agreement”) is made effective as of _____________________________________________, ___________, by and between ________________________________________________________ (the “Employer”) and ___________________________________________ (the “Employee”) (collectively referred to as the “Parties”).
 
The Parties agree as follows:
 
1.  EMPLOYMENT:  Employer shall employ Employee in the position of ___________________________________.  Employees duties shall include: ________________________________________________________________________ ________________________________________________________________________________________________________________________________________________
and other duties as may be assigned by Employer from time to time.
 
The Parties agree that this position is “at-will” and can be terminated by Employee or Employer at any time.
 
2.  Employee Compensation/Benefits:  For services provided, Employer will pay Employee an annual/monthly (circle one) salary of AU $____________, paid in accordance with Employers annual payroll procedures.
 
Employee will accrue vacation/paid-time-off (circle one) at a rate of __________________ hours per month.  Vacation approval will be handled in accordance with the normal practices of Employer.
 
Employee will also receive the following additional benefits:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(write “none” if there are no additional benefits).
 
3.  EXPENSES:  Employer will reimburse Employee for reasonable benefits incurred by Employee in the performance of his duties.  Reimbursement will be handled in accordance with Employers normal practices and policies.
 
4.  CONFLICTING EMPLOYMENT:  Employee agrees that during the time of his employment with Employer, he/she will not accept nor will he/she engage in employment, consulting or other business activity directly related to the business of the Employer.
 
5.  CONFIDENTIALITY:  Employee acknowledges that he/she may have access to the Employers confidential and proprietary information.  Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and other such information as the Employer may designate as confidential (“Confidential Information”).  Employee agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the termination of employment, unless Employer grants express, written consent of such a disclosure.  In addition, Employee will use his/her best efforts to prevent any such disclosure.  Confidential information will not include information that is in the public domain, unless such information falls into public domain through Employees unauthorised actions.
 
6.  NON-COMPETE AGREEMENT:  Following the termination of employment, Employee agrees not to engage in any business similar to or in competition with the business of the Employer in the geographical area for a period of __________________ (e.g. six months) within a radius of ______________ miles of Employers home address.  For purposes of this agreement, engaging “in any business similar to, or in competition with the business of Employer” shall include, without limitation: (i) engaging in such a business as an owner, partner or agent; (ii) taking employment with a third party engaged in such business either as an employee, contractor or consultant; or (iii) soliciting customers for the benefit of a third party engaged in such business.
 
7.  NON-SOLICITATION OF EMPLOYEES: Employee agrees that for a period of ______________ (e.g. six months) following the termination of his/her employment, Employee will not induce, recruit or solicit  any of the Employers employees to terminate their employment or enter into another employment arrangement with a third party. 
 
8.  ANNUAL LEAVE / SICK TIME/CARERS LEAVE
A.  Annual Leave:  Employee is entitled to twenty days' annual leave after each completed year of service with the Employer.
Annual leave shall be taken at a time mutually agreed between Employee and the Employer and may be taken on a prorata basis, subject to the Employer's approval.  In the absence of agreement, the Employer may decide when annual leave is to be taken.  Employee will receive a minimum of 14 days' written notice of the date on which Employees annual leave is to commence. Annual leave entitlements accumulate from year to year. Payment for annual leave will not be made in advance unless requested by Employee. There is no entitlement to annual leave loading. 
B.  Sick Leave / Carers Leave
Employee is entitled to 10 days' sick leave for each completed year of service. If Employee is absent for more than two (2) consecutive working days Employee must provide the Employer with a medical certificate. Sick leave is cumulative from year to year. Any unused sick leave will not be paid to Employee  on termination of Employees employment.
Employee  may use up to five (5) days' of sick leave in each year to care and support either members of Employees immediate family or members of Employees household when they are ill. 
C.  Bereavement Leave
 
Employee is entitled to bereavement leave of two (2) days' paid leave on the death of a member of Employees immediate family or household in Australia.
D.  Long Service Leave
1. Employees long service leave will accrue as follows:
a) 13 [ Check your state minimum requirements] weeks for the first 10 years of continuous service; and
b) pro rata for each subsequent period of continuous service.
2. Employee may take Employees accrued long service leave:
 
a) The balance of any long service leave accrued but not taken shall be paid in full on termination, at Employees total annual remuneration rate at the time of termination.
 
3. Employee and Employer may agree on the time when, and the way in which, Employee will be paid for long service leave.
4. If Employee has completed seven (7) years' of continuous service but Employees employment is terminated before Employee has completed 10 years' of continuous service, Employee is entitled to a proportionate payment for long service leave if: (i) Employees service is terminated by Employees death; (ii) employee terminates Employees service because of illness or incapacity or domestic or other pressing necessity; or (iii)the Employer terminates Employees service for a reason other than Employees conduct, capacity or performance. 
E.  Parental Leave
Employee is entitled to parental leave (maternity, paternity and adoption leave) in accordance with the provisions of the _____________________[Insert the appropriate state legislation, for example Industrial Relations Act 1999 (Qld)].
F.  Public Holidays
 
Employee is entitled to paid leave on all relevant gazetted public holidays in ______________[Insert name of State].
 
Employee may however be required to work on a public holiday in order to perform Employees duties and responsibilities.
9.  INVENTIONS:
A.  Disclosure:  During the course of his/her employment, Employee agrees to promptly give full written disclosure to Employer of all inventions, discoveries, improvements, developments and innovations, conceived in whole or in part by Employee, directly or indirectly that: (i) result from work performed on behalf of Employer, (ii) relate in any manner to Employers business or (iii) result from the use of Employers materials, time, resources, employees or facilities (collectively the “Inventions”).
B.  Assignment/Assistance:  Employee hereby assigns all right, title, and interest to the Inventions to Employer, its successors and assigns.  Furthermore, with respect to the Inventions, during the course of his/her employment and after its termination, Employee agrees to: (i) assist Employer in obtaining copyrights, patents, or any other intellectual rights; (ii) provide all pertinent information and data to Employer, (iii) execute all applications, assignments and other instruments as required by Employer; and (iv) at Employers request and expense, assist in the defense and prosecution of its intellectual rights in the Inventions.
10.  OTHER RULES AND POLICIES: Employee agrees to abide by any other rules, policies or procedures as communicated by Employer that are generally applicable to employees of Employer.
 
11.   TERMINATION:  This is an “at-will” employment relationship and may be terminated by either Employer or Employee at any time (except for terminations that would be in violation of federal or state law).  
 
12.  RETURN OF PROPERTY:  Upon termination of employment, Employee will return to Employer all drawings, documents, and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).  In addition, Employee will return any other property belonging to Employer including without limitation: computers, office supplies, money and documents.
 
13.  CONTINUING OBLIGATIONS:  Notwithstanding the termination of Employee for any reason, the provisions of paragraph 5, 6, 7 and 8 of this Agreement will continue in full force and effect following such termination.
 
14.  BINDING EFFECT:  The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
 
15.  CUMULATIVE RIGHTS: The Parties rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
 
16.  WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
17.  SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any statute, ordinance or court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
18.  ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Employee and Employer.
 
19.  NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
Employer:
 
________________________________
________________________________
________________________________
 
 
Employee:
 
________________________________
________________________________
________________________________
 
 
Either party may change such addresses from time to time by providing notice as set forth above.
 
20.  GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of _______________________________.
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
 
EMPLOYER:
 
___________________________________________________
(Signature)
__________________________________
(Name  Please Print)
__________________________________
(Position)
 
 
 
 
EMPLOYEE:
____________________________________________________
(Signature)
___________________________________
(Name  Please Print)
 
 
 
 
 
Number of Pages17
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33996
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Employment Agreement  Long Form
(Australia)

 

 
 
This Employment Agreement (the “Agreement”) is made effective as of _____________________________________________, ___________, by and between ________________________________________________________ (the “Employer”) and ___________________________________________ (the “Employee”) (collectively referred to as the “Parties”).
 
The Parties agree as follows:
 
1.  EMPLOYMENT:  Employer shall employ Employee in the position of ___________________________________.  Employees duties shall include: ________________________________________________________________________ ________________________________________________________________________________________________________________________________________________
and other duties as may be assigned by Employer from time to time.
 
The Parties agree that this position is “at-will” and can be terminated by Employee or Employer at any time.
 
2.  Employee Compensation/Benefits:  For services provided, Employer will pay Employee an annual/monthly (circle one) salary of AU $____________, paid in accordance with Employers annual payroll procedures.
 
Employee will accrue vacation/paid-time-off (circle one) at a rate of __________________ hours per month.  Vacation approval will be handled in accordance with the normal practices of Employer.
 
Employee will also receive the following additional benefits:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(write “none” if there are no additional benefits).
 
3.  EXPENSES:  Employer will reimburse Employee for reasonable benefits incurred by Employee in the performance of his duties.  Reimbursement will be handled in accordance with Employers normal practices and policies.
 
4.  CONFLICTING EMPLOYMENT:  Employee agrees that during the time of his employment with Employer, he/she will not accept nor will he/she engage in employment, consulting or other business activity directly related to the business of the Employer.
 
5.  CONFIDENTIALITY:  Employee acknowledges that he/she may have access to the Employers confidential and proprietary information.  Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and other such information as the Employer may designate as confidential (“Confidential Information”).  Employee agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the termination of employment, unless Employer grants express, written consent of such a disclosure.  In addition, Employee will use his/her best efforts to prevent any such disclosure.  Confidential information will not include information that is in the public domain, unless such information falls into public domain through Employees unauthorised actions.
 
6.  NON-COMPETE AGREEMENT:  Following the termination of employment, Employee agrees not to engage in any business similar to or in competition with the business of the Employer in the geographical area for a period of __________________ (e.g. six months) within a radius of ______________ miles of Employers home address.  For purposes of this agreement, engaging “in any business similar to, or in competition with the business of Employer” shall include, without limitation: (i) engaging in such a business as an owner, partner or agent; (ii) taking employment with a third party engaged in such business either as an employee, contractor or consultant; or (iii) soliciting customers for the benefit of a third party engaged in such business.
 
7.  NON-SOLICITATION OF EMPLOYEES: Employee agrees that for a period of ______________ (e.g. six months) following the termination of his/her employment, Employee will not induce, recruit or solicit  any of the Employers employees to terminate their employment or enter into another employment arrangement with a third party. 
 
8.  ANNUAL LEAVE / SICK TIME/CARERS LEAVE
A.  Annual Leave:  Employee is entitled to twenty days' annual leave after each completed year of service with the Employer.
Annual leave shall be taken at a time mutually agreed between Employee and the Employer and may be taken on a prorata basis, subject to the Employer's approval.  In the absence of agreement, the Employer may decide when annual leave is to be taken.  Employee will receive a minimum of 14 days' written notice of the date on which Employees annual leave is to commence. Annual leave entitlements accumulate from year to year. Payment for annual leave will not be made in advance unless requested by Employee. There is no entitlement to annual leave loading. 
B.  Sick Leave / Carers Leave
Employee is entitled to 10 days' sick leave for each completed year of service. If Employee is absent for more than two (2) consecutive working days Employee must provide the Employer with a medical certificate. Sick leave is cumulative from year to year. Any unused sick leave will not be paid to Employee  on termination of Employees employment.
Employee  may use up to five (5) days' of sick leave in each year to care and support either members of Employees immediate family or members of Employees household when they are ill. 
C.  Bereavement Leave
 
Employee is entitled to bereavement leave of two (2) days' paid leave on the death of a member of Employees immediate family or household in Australia.
D.  Long Service Leave
1. Employees long service leave will accrue as follows:
a) 13 [ Check your state minimum requirements] weeks for the first 10 years of continuous service; and
b) pro rata for each subsequent period of continuous service.
2. Employee may take Employees accrued long service leave:
 
a) The balance of any long service leave accrued but not taken shall be paid in full on termination, at Employees total annual remuneration rate at the time of termination.
 
3. Employee and Employer may agree on the time when, and the way in which, Employee will be paid for long service leave.
4. If Employee has completed seven (7) years' of continuous service but Employees employment is terminated before Employee has completed 10 years' of continuous service, Employee is entitled to a proportionate payment for long service leave if: (i) Employees service is terminated by Employees death; (ii) employee terminates Employees service because of illness or incapacity or domestic or other pressing necessity; or (iii)the Employer terminates Employees service for a reason other than Employees conduct, capacity or performance. 
E.  Parental Leave
Employee is entitled to parental leave (maternity, paternity and adoption leave) in accordance with the provisions of the _____________________[Insert the appropriate state legislation, for example Industrial Relations Act 1999 (Qld)].
F.  Public Holidays
 
Employee is entitled to paid leave on all relevant gazetted public holidays in ______________[Insert name of State].
 
Employee may however be required to work on a public holiday in order to perform Employees duties and responsibilities.
9.  INVENTIONS:
A.  Disclosure:  During the course of his/her employment, Employee agrees to promptly give full written disclosure to Employer of all inventions, discoveries, improvements, developments and innovations, conceived in whole or in part by Employee, directly or indirectly that: (i) result from work performed on behalf of Employer, (ii) relate in any manner to Employers business or (iii) result from the use of Employers materials, time, resources, employees or facilities (collectively the “Inventions”).
B.  Assignment/Assistance:  Employee hereby assigns all right, title, and interest to the Inventions to Employer, its successors and assigns.  Furthermore, with respect to the Inventions, during the course of his/her employment and after its termination, Employee agrees to: (i) assist Employer in obtaining copyrights, patents, or any other intellectual rights; (ii) provide all pertinent information and data to Employer, (iii) execute all applications, assignments and other instruments as required by Employer; and (iv) at Employers request and expense, assist in the defense and prosecution of its intellectual rights in the Inventions.
10.  OTHER RULES AND POLICIES: Employee agrees to abide by any other rules, policies or procedures as communicated by Employer that are generally applicable to employees of Employer.
 
11.   TERMINATION:  This is an “at-will” employment relationship and may be terminated by either Employer or Employee at any time (except for terminations that would be in violation of federal or state law).  
 
12.  RETURN OF PROPERTY:  Upon termination of employment, Employee will return to Employer all drawings, documents, and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).  In addition, Employee will return any other property belonging to Employer including without limitation: computers, office supplies, money and documents.
 
13.  CONTINUING OBLIGATIONS:  Notwithstanding the termination of Employee for any reason, the provisions of paragraph 5, 6, 7 and 8 of this Agreement will continue in full force and effect following such termination.
 
14.  BINDING EFFECT:  The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
 
15.  CUMULATIVE RIGHTS: The Parties rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
 
16.  WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
17.  SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any statute, ordinance or court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
18.  ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Employee and Employer.
 
19.  NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
Employer:
 
________________________________
________________________________
________________________________
 
 
Employee:
 
________________________________
________________________________
________________________________
 
 
Either party may change such addresses from time to time by providing notice as set forth above.
 
20.  GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of _______________________________.
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
 
EMPLOYER:
 
___________________________________________________
(Signature)
__________________________________
(Name  Please Print)
__________________________________
(Position)
 
 
 
 
EMPLOYEE:
____________________________________________________
(Signature)
___________________________________
(Name  Please Print)
 
 
 
 
 

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