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New Employment Contract For Existing Employees Template for Australia

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Key Requirements PROMPT example:

New Employment Contract For Existing Employees

"I need a New Employment Contract For Existing Employees to formalize updated terms for our senior software developers who are transitioning to hybrid work arrangements from March 2025, including new confidentiality clauses and remote work policies."

Document background
This New Employment Contract For Existing Employees is designed for use when an organization needs to update or formalize employment arrangements with current staff members in Australia. Common scenarios for its use include role changes, promotions, organizational restructuring, or standardizing employment terms across the workforce. The document ensures compliance with Australian employment law, including the Fair Work Act 2009, relevant Modern Awards, and state-specific legislation. It maintains continuity of employment while clearly documenting any changes to employment terms, responsibilities, or benefits. The contract includes provisions for protecting employer interests while ensuring employee rights and entitlements are preserved, making it suitable for various industries and position levels within Australian organizations.
Suggested Sections

1. Parties: Identifies the employer and employee with full legal names and addresses

2. Background: States the existing employment relationship and reason for new contract

3. Definitions: Defines key terms used throughout the agreement

4. Term of Employment: Confirms continuation of employment and any changes to status

5. Role and Duties: Details position title, reporting relationships, and key responsibilities

6. Location of Work: Specifies primary work location and any flexibility arrangements

7. Hours of Work: Details standard working hours, overtime arrangements, and flexibility

8. Remuneration: Specifies salary, superannuation, and other benefits

9. Leave Entitlements: Details all leave types and entitlements including annual, personal, long service

10. Obligations and Duties: Sets out employee's general duties, compliance requirements, and standards

11. Confidentiality: Defines and protects confidential information

12. Intellectual Property: Addresses ownership and protection of IP created during employment

13. Termination: Details circumstances and process for ending employment

14. Post-Employment Obligations: Covers ongoing obligations after employment ends

15. General Provisions: Includes standard legal clauses like governing law, variation, and entire agreement

Optional Sections

1. Remote Work Arrangements: Include when employee has hybrid or remote working arrangements

2. Commission Structure: Include for sales roles or positions with performance-based pay

3. Bonus Arrangements: Include when position includes performance bonuses or incentives

4. International Travel: Include when role requires international travel

5. Share Options/Equity: Include when employee is offered company shares or options

6. Garden Leave: Include for senior executives or sensitive roles

7. Transfer of Business Provisions: Include if contract is part of business transfer/acquisition

8. Flexible Working Arrangements: Include when specific flexible arrangements are agreed

9. KPIs and Performance Metrics: Include when role has specific performance measures

10. Vehicle Allowance: Include when position includes company vehicle or allowance

Suggested Schedules

1. Position Description: Detailed description of role, responsibilities, and requirements

2. Remuneration Package Details: Breakdown of salary package including benefits and allowances

3. Company Policies: List of applicable policies the employee must comply with

4. Commission/Bonus Structure: Detailed explanation of variable compensation calculations

5. IT and Equipment: List of company equipment provided and usage terms

6. Existing Accrued Entitlements: Statement of carried-over leave and other entitlements

7. Restraint of Trade: Detailed non-compete and non-solicitation provisions

8. Performance Expectations: Detailed KPIs and performance measurement criteria

9. Workplace Flexibility Agreement: Specific terms of any flexible working arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































Clauses









































Relevant Industries

Professional Services

Financial Services

Technology

Manufacturing

Retail

Healthcare

Education

Construction

Mining

Hospitality

Telecommunications

Transport and Logistics

Media and Entertainment

Agriculture

Energy and Utilities

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Production

Quality Assurance

Business Development

Project Management Office

Supply Chain

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Manager

Department Manager

Team Leader

Senior Executive

Professional Staff

Administrative Officer

Technical Specialist

Sales Representative

Customer Service Representative

Project Manager

Operations Manager

HR Manager

Marketing Manager

Software Developer

Account Manager

Business Analyst

Research Scientist

Production Supervisor

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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