The importance of having well-drafted employment contracts cannot be overstated, as these set out the framework in which the employment relationship is regulated.
Well-drafted agreements not only set out the ground rules of the relationship between employer and employee, they also limit risk for employers and provide probative assistance when resolving workplace disputes.
An employment contract not only needs to serve a business’s broader commercial objectives, but be compliant with the State and National Employment Standards, awards, enterprise agreements, and any other registered agreements or industrial instruments that may apply.
Benefits of well-drafted employment contracts include:
- Agreed terms and conditions providing certainty to the employment relationship
- Regulation of leave entitlements
- Inclusion of enforceable non-compete, restraint of trade and non-solicitation clauses to protect an employer’s legitimate commercial interests, other employees as well as business customers
- Inclusion of pay, overtime and benefits clauses for Award and non-Award employees
- Setting out performance requirements, including any applicable commission/bonus schemes
- Requirement of a minimum period of notice of resignation by staff
- Protection for an employer’s confidential information and intellectual property
- Assistance in the recovery of overpayments to an employee in the event of termination
How we can help
Our HR consultants can undertake an audit to ensure your contracts comply with legislative requirements and ensure best practice.
If you need legal advice on drafting new contracts we can work with the lawyers at Preston Law to draft and review employment contracts, advise on contractual obligations and requirements, as well as interpret terms of employment contracts that are particularly complex and provide advice on how those contracts interact with other legal obligations.