Employment Contract Templates & Employment Agreements

Templates Employment Contract Templates & Employment Agreements

If you have casual, part-time, fixed-term, or full-time employees working for your business, it is essential that you have clear, high-quality and comprehensive employment contract template agreements in place to govern the relationship between your business and your employees and to best protect yourself against potential disputes. It is crucial for your business’ employment agreements to be compliant with the National Employment Standards and the Fair Work Act 2009 (Cth) and if you do not have quality employment agreements in place, you could be exposing yourself to a myriad of potential claims.

The National Employment Standards and the Fair Work Act 2009 (Cth) set out various regulations and entitlements that employers must abide by when engaging their employees and a breach of these regulations can lead to severe penalties. Business Kitz’ team of skilled solicitors and human resource professionals have developed Fair Work and legally compliant employment contract templates that can be utilised for employees across various industries and for any size business.

Employment agreements are made up of a variety of clauses, including indemnification clauses. Indemnification clauses in employment agreements indemnify a relevant party to the agreement.

Indemnifying means compensating someone for their harm or loss, meaning that an indemnification clause compensates a party for harm of loss arising in connection with the other party’s actions or omissions.

In terms of indemnification clauses in employment agreements, this can look like indemnifying employees, employers, or both for certain types of damages and/or losses, such as:

  1. Costs incurred due to a legal claim made against the indemnified party;
  2. Loss of reputation under certain circumstances; and
  3. Loss of confidentiality or privacy resulting from actions taken by an indemnified party in connection with performance under the agreement.

It is important to note that indemnification clauses do not absolve parties of liability for their own negligent or wrongful actions, but rather compensate for them. This is because indemnification clauses do not, in fact, limit or waive any damages that might be available to the indemnified party under common or statutory law.

There is a fine line between a variation of a contract and a new contract. It usually comes down to whether any party has acted in reliance on the changes before they were revoked, or if there was a reasonable expectation that the changed terms would be permanent.

The best course of action for employers is to ensure all variations are recorded clearly in writing, signed by both parties, so there can be no dispute later. Courts often look unfavourably on employers for making changes without employees' agreement or consent, particularly when an existing contract is being varied to the detriment of the employee.

Employers must remember they need to have a proper reason and they must always act in good faith. If employers do not follow these guidelines, they may be liable to pay damages to the employee if found to be acting in bad faith.

  • Easy to use
    Clear and comprehensive guidance notes.
  • Customisable
    Editable schedule and re-usable from employee to employee.
  • Fair Work compliant
    Regularly updated by our compliance team.
  • Risks covered for casual employees
    Australia’s highest quality agreement template covering key risks for casual employees.