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Full Time Contract

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0% found this document useful (0 votes)
64 views12 pages

Full Time Contract

Uploaded by

blaxland
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

FULL TIME (AWARD) EMPLOYMENT CONTRACT

G3 Blaxland (Employer)
and

Isabel Jeffrey (You)


This Contract

is made on { INSERT DAY, MONTH, YEAR }

Between

See Item 1 of the Schedule (Employer)

and

See Item 2 of the Schedule (You)

BACKGROUND

A. The Employer has agreed to employ you and you have agreed to work for the Employer in the
position described at Item 3 of the Schedule.

B. The Employer and you have agreed to enter into this Contract to record the terms and
conditions of your employment.

C. The Employer acknowledges its obligation to apply the applicable employment protections to
you and to abide by the provisions contained in any relevant legislation.

The Employer And You Agree that:

1. DEFINITIONS

Confidential Information means all the information including trade secrets, Intellectual
Property, marketing and business plans, client and supplier lists, computer software
applications and programs, business contacts, finance, remuneration details, data concerning
the Employer or any of its related entities or any client of the Employer’s, finances, operating
margins, prospect’s lists, and transactions of the Employer, but does not include information in
the public domain otherwise than through a breach of an obligation of confidentiality.

Contract means this employment contract.

Fair Work Act means the Fair Work Act 2009 (Cth).

Intellectual Property means all present and future copyright, registered and unregistered
trademarks, patent, design or rights and any other intellectual or industrial property rights,
discovery, invention, secret process or improvement in procedure of any kind whether arising
from statute, under common law or in equity.

Related Entity has the same meaning as in the Corporations Act 2001 (Cth).

G3 Blaxland
2
2. COMMENCEMENT AND WARRANTIES

2.1 Your date of commencement of employment with the Employer is identified at Item 4 of
the Schedule.

2.2 The terms and conditions of your employment will be in accordance with the Contract
and, where applicable, the industrial instrument as named in Item 5 of the Schedule (the
Industrial Instrument), as varied and amended from time to time.

2.3 You agree that:

(a) you hold the qualifications and have the skills as represented by you to the
Employer;

(b) you have disclosed to the Employer any restraint or restriction which may affect
your performance of work;

(c) you enter into this contract without any form of coercion;

(d) you are legally entitled to work in Australia, and agree to produce the appropriate
documentation where requested by the Employer; and

(e) you have and will maintain the licenses and qualifications necessary to fulfil your
role.

3. POSITION AND TITLE

3.1 You are employed on a full time basis in the position described at Item 3 of the
Schedule.

3.2 You may be required to perform other tasks from time to time, as reasonably requested
by the Employer.

4. PRINCIPAL DUTIES

4.1 You may be provided with an outline of your duties before or on commencement of your
employment. The outline is not intended to be an exhaustive list of the duties you may be
required to perform, rather an indication of the kinds of duties that fall within the scope of
the position.

4.2 You also have general duties to:

(a) comply with reasonable directions given to you by the Employer;

(b) at all times act faithfully, honestly and diligently;

(c) ensure you are performing solely work related activities in work time;

(d) exhibit a professional and courteous attitude when dealing with the Employer, its
customers, employees, suppliers and other members of the public; and

(e) act in the Employer’s best interests at all times.

G3 Blaxland
3
5. EMPLOYER POLICIES AND PROCEDURES

You agree that:


(a) you will comply with all the Employer’s policies and procedures, as amended from
time to time at the sole discretion of the Employer;

(b) the specific detail of the Employer’s policies do not form a term of your contract;
and

(c) failure to comply with the Employer’s policies may result in disciplinary action, up
to and including dismissal.

6. PLACE OF EMPLOYMENT

6.1 The primary business location is described in Item 6 of the Schedule. You will be
required to work at this location, unless otherwise reasonably requested by the
Employer.

6.2 You may also be required to travel as reasonably necessary for the performance of your
duties.

7. HOURS OF WORK

7.1 The business’ normal span of hours of operation are outlined at Item 7 of the Schedule.

7.2 You will be required to work 38 hours per week plus any additional hours which are
reasonably necessary to fulfil the requirements of your duties, or as reasonably required
by the Employer.

8. TIME RECORDING

8.1 You are required to complete regular time recordings as directed by management.

8.2 You are responsible for the completion of your own time record. Completing time records
on behalf of another employee or permitting another employee to do so on your behalf,
may result in disciplinary action, up to and including dismissal.

9. REMUNERATION

9.1 Your rate of pay is set out at Item 8 of the Schedule.

9.2 Your rate of pay is inclusive of any and all penalties, allowances, overtime and loadings
(including leave loading) which may otherwise be payable. As such, your pay takes into
account any hours that you are required to work outside of your standard hours of
employment.

9.3 Where your pay exceeds any legislative minimum entitlements, any amount paid in
excess of these minimum entitlements may be used to offset any entitlement that may
otherwise have been applicable.

9.4 The Employer will make Superannuation contributions on your behalf in accordance with
legislation.

10. ANNUAL LEAVE

10.1 You will accrue up to four weeks of annual leave each year in accordance with the Fair
Work Act.

11. LONG SERVICE LEAVE

You will accrue long service leave in accordance with the relevant legislation.

G3 Blaxland
4
12. PERSONAL LEAVE (SICK/CARER'S LEAVE)

G3 Blaxland
5
12.1 You will accrue up to 10 days of paid personal leave each year in accordance with the
Fair Work Act.

12.2 To be entitled to a period of paid or unpaid personal leave, you must provide satisfactory
documentary evidence in accordance with the Employer's policies.

13. MATERNITY LEAVE

13.1 You will be entitled to paid and unpaid maternity leave in line with the relevant legislation

13.2 The 12 month service period is recognised by G3 Blaxland Pty Ltd as having been met
given the employee’s service to the business to date

14. OTHER LEAVE

All other leave, including compassionate leave, parental leave and community service leave,
will be provided to you in accordance with the Employer’s policy and/or the Fair Work Act,
whichever is more generous.

15. PUBLIC HOLIDAYS

You are entitled to be absent from work on a day or part day that is a public holiday in
accordance with the Fair Work Act, unless reasonably required to work by the Employer.

16. CONFIDENTIAL INFORMATION

You agree at all times during and after your employment with the Employer:

(a) to refrain from directly or indirectly disclosing to a third party Confidential Information
except in the proper course of carrying out your duties;

(b) not to use the Confidential Information for any purpose other than for the benefit of
the Employer;

(c) to keep confidential all Company Confidential Information; and

(d) to comply with the terms of this Contract unless otherwise required by applicable laws
or regulations.

17. INTELLECTUAL PROPERTY

17.1 All Intellectual Property rights arising from any works created or developed by you in the
course of your employment (whether alone or with others) will belong to the Employer
and you agree to immediately disclose to the Employer all such works.

17.2 You agree that all existing Intellectual Property rights, title and interest in all works
created or developed by you in the course of your employment (whether alone or with
others) are vested in the Employer and upon their creation, all such rights will vest in the
Employer. You agree to execute all documents and do all acts required to secure any
Intellectual Property rights for the Employer.

17.3 For the benefit of the Employer, you consent to any and all acts or omissions (whether
occurring before or after this consent is given) in relation to all works made or to be
made by you in the course of your employment which might otherwise infringe your
Moral rights in those works.

17.4 You warrant that you have consented without coercion or without relying on any
representations other than those set out in this contract.

G3 Blaxland
6
17.5 For the purposes of this Contract:

(a) “Intellectual Property” means all form of intellectual property rights throughout the
world including but not limited to copyright, registered patent, design, trade mark
and confidential information including know-how and trade-secrets.

(b) “Moral Rights” has the meaning given to it in the Copyright Amendment (Moral
Rights) Act 2000 and includes rights of integrity of authorship, rights of attribution
of authorship and similar rights that exist or may come to exist anywhere in the
world.

(c) “Works” means all inventions, policies, practices, designs, drawings, plans,
software, hardware, reports, documents, systems, improvements and other
materials.

18. TERMINATION OF EMPLOYMENT

18.1 The Employer may terminate your employment without notice or without a payment in
lieu of notice for any of the following reasons, if you:

(a) commit any serious or persistent breach of any of the terms of the Contract;

(b) are guilty of dishonesty, misconduct or neglect in the performance of your


obligations under the Contract;

(c) become insolvent or bankrupt or make any assignment or arrangement with your
creditors;

(d) are convicted of any criminal offence relevant to the performance of your
obligations under the Contract;

(e) refuse to comply with any reasonable instruction or direction including any failure
to comply with your obligations under any of the Employer’s rules, policies and/or
procedures and any directions given by management of the Employer;

(f) fail to perform to the standard reasonably expected by the Employer, including
persistent failure to achieve targets;

(g) obtain a medical assessment result that is not satisfactory to the Employer and
which objectively results in you being unable to perform your duties set out in the
Contract;

(h) abuse alcohol or drugs whilst on the Employer’s premises, or just prior to
commencing work on the premises, which adversely affects your ability to carry
out your duties; or

(i) engage in physical abuse or display unreasonable verbal aggression.

18.2 Following completion of your probationary period (if applicable), at any time during the
operation of the Contract, the Employer may terminate your employment by providing
written notice in accordance with the table below or in accordance with the Industrial
Instrument, whichever is more favourable:

Length of continuous service Period of notice

Not more than 1 year 1 week

More than 1 year, not more than 3 years 2 weeks

More than 3 years, not more than 5 years 3 weeks

G3 Blaxland
7
More than 5 years 4 weeks

G3 Blaxland
8
18.3 If you are over the age of 45 years and have at least two years' service, you are entitled
to one additional week’s notice of termination.

18.4 You may terminate this contract at any time by providing the Employer with written notice
in accordance with the above table.

18.5 The Employer may, at its discretion, make payment to you in lieu of all or part of this
notice period. On termination, you are also entitled to payment for any untaken annual
leave entitlements.

18.6 During the whole or any part of the notice period, the Employer is under no obligation to
assign you duties or functions or to provide any work to you and may direct you not to
attend work during all or part of the notice period.

18.7 On termination of employment for any reason, you must immediately return to the
Employer all property, documents and items relating to the business of the Employer
which you have in your possession or control. This includes, but is not limited to, any car,
equipment, papers, keys, reports, computers, information, programs, records and
documents, intellectual property and other information, in whatever form, relating in any
way to the Employer or its clients.

18.8 On termination of employment for any reason, you must also irretrievably delete any
Confidential Information stored on any computer, magnetic or optical disk or memory,
and all matter derived from those sources in your possession, custody, care or control
outside the Employer’s premises.

18.9 You will repay to the Employer the balance of any loans or advances made by the
Employer against your pay or leave entitlements, or any money otherwise owed to the
Employer by you. The Employer is authorised to deduct from your final pay any moneys
owing to the Employer on termination.

19. REDUNDANCY

If your position is made redundant, you shall not be entitled to any payment except as required
under the Fair Work Act.

20. ASSIGNMENT

20.1 You may not assign or transfer the rights and benefits under this contract.

20.2 The Employer may assign its rights and obligations under the Contract to any person,
business, company or entity.

21. GOVERNING LAW

The Contract shall be governed by the jurisdiction of the courts in the State or Territory as
described at Item 9 of the Schedule.

22. VARIATION OF TERMS

The terms of the Contract may be varied from time to time by mutual agreement in writing
between the parties.

23. SEVERABILITY

If any of the terms and conditions of the Contract are void, or become voidable by reason of any
statute or rule of law then that term or condition shall be severed from the Contract without
affecting the enforceability of the remaining terms and conditions.

24. ENTIRE AGREEMENT

G3 Blaxland
9
The contents of the Contract constitute the entire agreement between you and the Employer.
Any previous agreements, understandings, and negotiations on this subject matter cease to
have effect.

G3 Blaxland
10
25. FAIR WORK INFORMATION STATEMENT

By signing the Contract you acknowledge that the Employer has provided you with a copy of
the Fair Work Information Statement.

SIGNED BY AN AUTHORISED OFFICER OF THE


EMPLOYER

......................................................... ..............................................
Authorised Officer Witness

......................................................... ..............................................
Title of Authorised Officer Name of Witness (printed)

..............................................
Dated

SIGNED BY YOU

......................................................... .............................................
Employee Witness

.............................................. ..............................................
Dated Name of Witness (printed)

G3 Blaxland
11
SCHEDULE

Employer name G3 Blaxland Pty Ltd


Item 1
and details ABN: 51 646 656 680
Your name and Isabel Jane Jeffrey
Item 2
details 25th April 2001

Item 3 Position { INSERT POSITION }

Commencement
Item 4 { INSERT ORIGINAL DATE OF COMMENCEMENT }
date
The Industrial
Item 5 { INSERT APPLICABLE AWARD HERE }
Instrument

Item 6 Location 136 Great Western Hwy, Blaxland NSW 2774

Business normal
Item 7 { INSERT BUSINESS HOURS OF WORK }
hours of operation

Item 8 Pay $75,000 per annum exclusive of superannuation

Item 9 Governing law The State of New South Wales

G3 Blaxland
12

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