Engagement Letter
Reviewed on 9/7/12
Who can use this agreement
This agreement can be used by all employers throughout Australia, except the following excluded employers:
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Non-constitutional corporation employers in Western Australia;
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State public sector employees (ie employees of a Minister, the Governor, or the Crown) except in Victoria; and
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Local government employers — except in Tasmania and Victoria.
Excluded employers may, however, wish to use this document, but they should first obtain legal advice.
Commentary
This letter is a simpler form of the contract of employment document which is available as part of the
HR Advance package. If you want a more comprehensive contract of employment for your employees, you should use the
Contract of Employment, rather than this document.
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There could be legal issues concerning certain classes of employees where you should obtain specific legal advice, including employees subject to awards and enterprise agreements, employees employed in a sales capacity, employees employed by public sector organisations, shift workers, and senior executive employees. The letter of engagement is not intended to apply to independent contractors.
This engagement letter takes into account the position of the employee, commencement date of employment, nature and status of the employee’s employment, location of position, probationary/qualifying period, remuneration, hours of work, main leave entitlements, and termination of employment.
Federal legislation provides for an automatic minimum employment period for any employee who commences employment with a relevant employer on or after 1 July 2009. The minimum employment period is either 6 months or 12 months, and depends on the number of employees engaged by the employer. If an employee is terminated before reaching their minimum employment period they will be precluded from making an unfair dismissal claim. If unsure of whether your business is a small business employer, you should seek specific advice.
Other matters
You will need to provide the employee with a duplicate copy of the engagement letter to sign, date, and return to you.
What is not covered?
The following clauses are relevant but not included in this letter:
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reporting lines;
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comprehensive confidential information clause;
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remuneration beyond salary and superannuation;
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how expenses are dealt with;
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leave, beyond personal/carer’s leave and annual leave;
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post-employment restraint of trade;
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non-solicitation of customers, employees, and suppliers; and
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protection of intellectual property.
Further information
Further information on how to use this document can be found at the 'How to use these agreements and contracts' link on the
Agreements page of the
HR Advance website.
Important note to subscribers
The commentaries and documents in HR Advance are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.
This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.
This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.
If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.
After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants. |
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