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EXAMPLE CONDITIONS OF EMPLOYMENT
[User's note: check against any relevant Award and Enterprise Agreement and the organisation's particular needs]
You will be expected to serve the Company or Related Companies in the position to which you have presently been appointed or in such other position or with such other duties as made from time to time be assigned to you by the Company.
2. RESPONSIBILITIES OF THE EMPLOYEE
You must well and faithfully serve the Company in a conscientious and professional manner and use your best endeavours to promote the Company's interest and welfare.
3. HOURS OF DUTY
You will be required to devote the whole of your time during normal working hours to the business of the Company. Overtime may be required or available from time to time. Details of payment for such overtime are set out in the Company's letter of offer to you.
Your remuneration will be as advised on your appointment or as later amended by reasonable notice to you or as shown on your pay advice. Such remuneration will be paid ©.
5. REFUND OF EXPENSES
Any reasonable expenses you necessarily and wholly incur while on Company business will be reimbursed provided the same have been approved and provided the Company has received such documentary evidence of those expenses as it shall reasonably require.
6. MOTOR VEHICLE
Unless otherwise provided in writing, the Company will not be providing you with a motor vehicle. However, from time to time you may be required to drive a Company motor vehicle and on such occasions, you must have a current driver's licence and you must comply with relevant motor vehicle driving laws and the Company's conditions of motor vehicle usage.
Your entitlement to occupational superannuation will be governed by the percentage rate applicable to avoid the Superannuation Guarantee Charge as set forth in the Superannuation Guarantee (Administration) Act 1992 (Cth). The percentage rate applicable to your position is currently ©.
8. PUBLIC HOLIDAYS
You will be entitled to take the following as public holidays:
Christmas Day, Boxing Day, New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, ANZAC Day, Show Day, Labour Day, Queen's Birthday and the 8 hour Day (depending on your award) and any other day gazetted by Parliament as a public holiday.
9. ANNUAL HOLIDAYS
You will be entitled to four weeks paid holiday each year (and if you are a shift-worker, your entitlement will be five weeks paid holiday per year) in accordance with the provisions of the [select the relevant item. For example, in QLD it may be: Industrial Relations Act 1999 (Qld) or the Clerks Award - State].
10. LONG SERVICE LEAVE
You will be entitled to long service leave in accordance with the provisions of the [select the relevant item. For example, in QLD it may be Industrial Relations Act 1999 (Qld)].
11. STUDY LEAVE
Unless subsequently agreed in writing by the Company, you will not be entitled to study or examination leave.
12. SICK LEAVE
You will be entitled to your salary during absence through illness or involuntary injury not exceeding eight days per year (which does not accrue from year to year). You will not be entitled to a lump sum payment for unused sick leave upon the termination of your employment.
If you are unable to attend work because of sickness you must notify your manager by 9.30 am on the first day you are absent and, if requested, provide a medical certificate signed by a doctor.
13. PERFORMANCE MEASURES
Your performance will be regularly reviewed by the Company throughout the period of your employment. You must complete all documents and questionnaires, attend all performance interviews and answer all questions in respect of your performance.
It is a condition of your employment that you have the necessary skills to carry out your employment duties. If you hold university, trade or other qualifications you must produce documents evidencing those qualifications prior to the commencement of your employment with the Company. It is condition of your employment that any references used by you to obtain your employment are true and correct.
15. PECUNIARY INTERESTS
You must not have any direct or indirect pecuniary interest that would in any way compromise the performance of your duties under this Contract of Employment. In particular, you must not hold any position for monetary or other reward which would conflict with your responsibilities to the Company.
16. OCCUPATIONAL HEALTH AND SAFETY AND SMOKING POLICY
It is a condition of your employment that you comply with:
It is a condition of your employment that you comply with all relevant State and Federal anti-discrimination laws and you must also comply with the Company's internal procedures for dealing with discrimination or sexual harassment complaints and accept any directions by the Company in respect of sexual harassment or other forms of sexual or other discrimination.
18. DEALING WITH THE MEDIA
You must not, without the prior consent of the Company, communicate with or disclose to any representative of the media any information of any nature whatsoever relating to the Company, its clients or customers.
19. INVENTIONS, PATENTS, DESIGNS AND COPYRIGHT
Any invention, discovery, improvement or design you make while employed by the Company and in connection with its business will be the property of the Company. You must immediately and confidentially provide to the Company, and no-one else without the Company's prior Agreement, all relevant information and do whatever is necessary to enable the Company to obtain any Letters Patent, design registrations or copyright it might require without any special or extra payment to yourself.
20. DISCLOSURE OF INFORMATION
You must keep secret during and after your employment all information you obtain about the business and affairs of the Company, Related Companies or clients or customers of the Company. Any document or written material provided by the Company or used in connection with the Company's business is the Company's property and must not be removed, passed on, copied or disclosed to third parties except with the Company's authority. Upon being requested to do so by the Company, you covenant to enter into such further Confidentiality Agreements with the Company or customers or clients of the Company as the Company or clients or customers of the Company may reasonably require.
21. TERMINATING THE AGREEMENT WITH NOTICE
Either party may terminate this Agreement by giving to the other © weeks/one month's notice in writing, or in the case of the Company, paying © weeks/one month's salary/wages in lieu of notice.
22. TERMINATION WITHOUT NOTICE
The Company may terminate you at any time without prior notice if you:
23. RELATIONSHIP BETWEEN THIS AGREEMENT AND THE AWARD AND THE COMPANY'S EMPLOYMENT POLICIES
You specifically agree that the Company's Employment Policies and Procedures for the time being in force apply to you and you accept and agree that those Policies and Procedures may change form time to time and you agree to be bound by those changes.
In the event of conflict between and relevant Award and this Agreement, this Agreement applies.
In the event of conflict between this Agreement and the Company's Employment Policies and Procedures, this Agreement applies.
This Agreement supersedes any earlier Agreement between the parties, whether oral or in writing.
24. RELATIONSHIP BETWEEN THE PARTIES
The parties specifically agree that this Agreement constitutes the relationship of employer and employee. This Agreement is personal to the parties and it is not capable of being assigned. This Agreement supersedes any earlier Agreement between the parties, whether oral or in writing.
You will not have the authority to, and shall not bind the Company to any agreement or otherwise hold yourself out as being authorised to deal as an agent of the Company except as authorised by the Company and you shall indemnify the Company in respect of all unauthorised representations, promises or agreements made by you.
Both parties to this Agreement consider the covenants, obligations and restrictions contained in it to be reasonable in all the circumstances.
I declare that:
DATED the day of 1999
This Information Outline is provided courtesy of Hall Payne Lawyers who are experienced in this area of law. They are located at Level 9, 344 Queen Street, Brisbane, QLD 4000 or call them on (07) 3221-2044 if you would like more information on this legal topic, or you wish to obtain formal advice regarding your situation.
Hall Payne Lawyers are an established Queensland firm practicing in the areas of employment law (unfair dismissal etc), accident compensation (WorkCover, motor vehicle accident, personal injuries), anti-discrimination & harassment, consumer law, family law, wills & estates, criminal law and conveyancing. Hall Payne Lawyers are a founding member of the Australia-wide PeopleLaw group.
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