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This Salesperson Employment Contract is designed for use by Australian businesses engaging sales professionals in various capacities. The document ensures compliance with Australian employment legislation, including the Fair Work Act 2009, relevant Modern Awards, and state-specific requirements. It is specifically structured to address the unique aspects of sales roles, including detailed commission structures, performance metrics, territory assignments, and client relationship management. The contract balances the employer's need to protect business interests through confidentiality and restraint provisions with the employee's statutory rights and entitlements under Australian law. This template is particularly valuable for organizations requiring a robust legal framework for sales staff engagement that can be customized based on industry-specific requirements and individual role responsibilities.

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

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Defines key terms used throughout the contract, including sales-specific terminology

4. Position and Duties: Details the employee's role, responsibilities, and reporting relationships

5. Commencement and Term: Specifies start date and whether the employment is permanent or fixed-term

6. Probation Period: Details of the initial probationary period and assessment criteria

7. Remuneration: Base salary, superannuation, and reference to commission structure in schedule

8. Hours of Work: Standard working hours, flexibility requirements, and overtime provisions

9. Leave Entitlements: Annual, personal, long service and other leave entitlements as per NES

10. Sales Targets and Performance: Overview of sales performance expectations and review process

11. Confidentiality: Protection of company's confidential information and trade secrets

12. Intellectual Property: Ownership of IP created during employment

13. Restraint of Trade: Post-employment restrictions on competition and client solicitation

14. Termination: Grounds for termination, notice periods, and final payment provisions

15. General Provisions: Standard boilerplate clauses including governing law and entire agreement