Negotiating an employment contract?
When negotiating an employment contract, you should be aware that contractual arrangements should be specific to the individual and parties entering into the arrangement.
Members should always seek advice from Professionals Scientists Australia before entering into an employment contract or developing one for a staff member you’re responsible for. Our contract review service is one of the main reasons people opt to join our Association because the cost of NOT getting your contract reviewed by an expert in employment law can be massive.
Where individuals are engaged under an individual employment contract, the remuneration information contained in the remuneration and employment reports can provide a basis for negotiating a base salary and total remuneration package to be included in the contract.
Members should note that some enterprise agreements provide for employees to enter into individual agreements/contracts in relation to some aspects of their employment. If you think such an arrangement might apply, you should contact us, and we’ll be able to advise you on how these arrangements should operate, and the minimum entitlements for you which can be, in many cases, significantly better than those outlined in the basic advice outlined here. The employment conditions set out in the enterprise agreement can underpin the employment conditions set out in your employment contract.
It is critical that the primary employment contract document refers to specific entitlements including:
- Frequency of remuneration reviews
- Period of the contract (if fixed term)
Basis of remuneration adjustment and performance management/appraisal
- Termination conditions
- Professional indemnity
Specific employment conditions including
- Hours of work
- Annual leave
Annual leave loading
- Public holidays
- Long service leave
- Reimbursement of expenses
- Sick leave or carer’s leave
- Parental and other leave
Strong consideration should be given to the inclusion of clauses in the contract covering issues such as
- intellectual property
- restrictive covenants
- professional development and training
- location of employment
Reference should also be made to what provisions of an existing industrial award or agreement apply to the contract.
We also have information and guidance available if you need to draft an executive employment contract which can contain provisions not normally included in employment contracts for less senior roles.
You can also contact the Workplace Advice and Support area on 1300 273 762 or email via our website (Members Only)