Employment Contracts & Agreements

Drafting Compliant Employment Contracts

We prepare employment contracts that are tailored to each client's specific business requirements while ensuring full compliance with the Fair Work Act 2009, the National Employment Standards, applicable modern awards, and any applicable enterprise agreement. Each employment contract we prepare covers all essential terms required by law and best practice, including a comprehensive position description clause, remuneration clauses identifying all components of total remuneration, annualised salary arrangements where applicable, leave clauses addressing all categories of leave under the NES, and termination provisions complying with NES notice and redundancy pay requirements. We ensure that the contract does not inadvertently exclude or modify any NES or award entitlement.

Restraint of Trade & Post-Employment Obligations

Restraint of trade clauses, confidentiality provisions, and intellectual property assignment clauses are critical components of employment contracts, particularly for senior employees and executives. Australian courts will not enforce a restraint unless the employer demonstrates a legitimate protectable interest and the restraint goes no further than reasonably necessary. We draft restraint clauses with this legal framework front of mind, ensuring that geographic scope, duration, and activities restrained are tailored to the specific circumstances. Our non-competition, non-solicitation of clients, and non-solicitation of employees clauses are designed to be enforceable. Our confidentiality clauses define the scope of confidential information protected and the employee's obligations during and after employment.

Contractor v Employee Classification & Gig Economy

The distinction between employees and independent contractors is one of the most important issues in Australian employment law, with significant implications for superannuation, payroll tax, workers' compensation, leave entitlements, and unfair dismissal protection. The High Court's decisions in Personnel Contracting and Jamsek confirmed that the characterisation depends primarily on the terms of the contract, assessed objectively. We advise employers on structuring worker engagements to ensure the intended classification is supported by the contractual terms. Our independent contractor agreements cover scope of services, fee arrangements, GST and tax obligations, insurance requirements, confidentiality, and termination provisions.

Executive Agreements, Incentives & Termination Benefits

Executive employment agreements present unique challenges requiring careful attention to performance-based remuneration, equity participation, termination benefits, and interaction with director duties. We draft executive agreements including short-term incentive plans and long-term incentive plans with clearly identified performance metrics, weighting, assessment methodology, and board discretion. We advise on termination benefits provisions and compliance with Corporations Act requirements for shareholder approval. Our agreements address director appointments and resignations, indemnification and insurance arrangements, golden parachute provisions, change of control clauses, and treatment of equity upon termination.

Employment Contracts & Agreements FAQs (Queensland Law)