Individual Flexible Employment Contract

The Australian Federal, State and Territory governments have expanded their idea of employee protection to do away with some of the matters introduced under the discredited Workchoices scheme.

Awards are now 'modernised', and from 1st January 2009 “modern awards” now cover specific areas. From 1st January 2010 there are several important changes in Australia’s workplace laws that affect all employees and employes in the national workplace relations system. The changes include the introduction of new National Employment Standards (NES), and the commencement of modern awards.

All employment contracts, whether they are based on an award or not, must cover National Employment Standards. You have flexibility in your approach both to the Award conditions and the National Employment Standards, and you can negotiate almost anything you like with an individual employee as long as you can prove that the employee is better off over-all as a result of the agreement you arrive at.

An 'Individual Flexibility Agreement' is an employment contract between a single employer and employee that modifies the application of a modern award or enterprise agreement. The individual flexibility agreement must satisfy the better off overall test. There is no requirement to register an individual flexibility agreement.

The letter contained within this package is a detailed document setting out the relationship between employer and employee. Once the employee accepts the terms by signing the letter (and keeping a signed copy) it becomes the employment contract, subject to the terms of the Award (if there is one) and the Fair Work Act 2009.

Immediate Download

This Award Based Flexible Employment Contract is formatted for your easy use and is available for immediate download. This template can be used over and over again, simply fill in the relevant fields as you require, save and print your agreement.

The employment contract with easy-to-follow instructions includes the following provisions-

• Position
• Employment status
• Probationary period
• Relevant award
• National Employment Standards
• Remuneration package
• Hours of work
• Duty to advise of pre existing conditions
• Duties and responsibilities
• Confidentiality
• Restraint
• Termination of employment
• Allowances
• Expenses
• Annual Leave
• Personal / Carers leave
• Community service Leave
• Long Service Leave
• Public holidays
• Acts following Termination
• Intellectual property
• Company policies
• Privacy policy
• Other matters
• Signatures

Sample Employment Contract Excerpt