If you are an employer, it’s important to put a written employment agreement in place that outlines the conditions under which you are employing an individual or company.
An agreement sets out the rights and obligations of each party, setting clear terms and minimising the potential for misunderstandings and conflict.
In July 2009 the Australian Federal Government reformed the workplace relations landscape and employment law with the introduction of the Fairwork Act. Along with establishing the new workplace relations system, the Act introduced the National Employment Standards (NES) and Modern Awards.
The National Employment Standards set out 11 minimum workplace entitlements that apply to all employers and employees in the national workplace relations system.
As a consequence all contracts of employment, whether they are based on a Modern Award or not, must cover the 11 National Employment Standards.
As well as the NES, an effectively drafted employment contract will clearly spell out the enforceable legal obligations of the parties, both during and after the employment term.
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 demonstrate that he or she is better off over-all as a result of the bargain you strike.
These professionally drafted employment agreements cover most employment situations. They spell out the entitlements and obligations of both employees and employers, and are NES compliant.
Sometimes referred to as a Service Agreements these Contractor agreements are quite flexible and easily adapted to most industries.