Employment Contract Amendment - Template, Sample Form

DEED OF VARIATION TO EMPLOYMENT AGREEMENT

(Variation No. ________ to the Employment Agreement dated ________)

THIS DEED OF VARIATION ("Variation Deed") is made on ________

BETWEEN:

The employer, ________ (ACN/ABN ________) of ________ (the "Employer");

AND

The employee, ________ of ________ (the "Employee"),

(each a "party" and together the "parties").

BACKGROUND

A. The Employer and the Employee are parties to an employment agreement dated ________ (the "Original Agreement").

B. Under the Original Agreement, the Employer employs the Employee in the position of ________.

C. The parties have agreed to vary the Original Agreement on the terms set out in this Variation Deed, and acknowledge that this Variation Deed is entered into freely and voluntarily.

D. The parties acknowledge that nothing in this Variation Deed operates to exclude, modify or reduce any entitlement of the Employee that is conferred by the Fair Work Act 2009 (Cth), the National Employment Standards, or any applicable modern award or enterprise agreement, and that any term inconsistent with such entitlement is of no effect to the extent of the inconsistency.

OPERATIVE PROVISIONS

In consideration of the mutual promises and obligations set out in this Variation Deed (the receipt and sufficiency of which consideration are acknowledged), the parties agree as follows:

1. Definitions and interpretation

1.1 Capitalised terms used but not defined in this Variation Deed have the meaning given to them in the Original Agreement.

1.2 A reference to the Original Agreement includes that agreement as varied by this Variation Deed.

2. Variation

2.1 With effect on and from ________ (the "Effective Date"), the Original Agreement is varied as follows:

________

2.2 The variations set out in clause 2.1 take effect on and from the Effective Date and not before.

3. Effect of variation

3.1 This Variation Deed varies the Original Agreement and the two documents must be read and construed together as one agreement.

3.2 Except to the extent expressly varied by this Variation Deed, all terms, conditions, obligations and entitlements contained in the Original Agreement remain in full force and effect.

3.3 Where there is any inconsistency between this Variation Deed and the Original Agreement, this Variation Deed prevails to the extent of the inconsistency.

4. Statutory entitlements preserved

4.1 Nothing in this Variation Deed reduces or excludes any minimum entitlement of the Employee under the Fair Work Act 2009 (Cth), the National Employment Standards, or any applicable modern award or enterprise agreement.

4.2 To the extent any provision of this Variation Deed is inconsistent with such minimum entitlements, that provision is to be read down or severed so that the minimum entitlements continue to apply.

5. Entire agreement

5.1 This Variation Deed, together with the Original Agreement, constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior negotiations, representations, understandings and agreements, whether written or oral, relating to that subject matter.

6. Severability

6.1 If any provision of this Variation Deed is or becomes invalid, illegal or unenforceable, it must be read down to the extent necessary, or if it cannot be read down, severed, without affecting the validity or enforceability of the remaining provisions.

7. Governing law and jurisdiction

7.1 This Variation Deed is governed by and must be construed in accordance with the laws in force in ________, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that State or Territory and the courts of appeal from them.

8. Counterparts and electronic execution

8.1 This Variation Deed may be executed electronically and in any number of counterparts. Each executed counterpart is deemed an original, and all counterparts together constitute one and the same instrument. A party may evidence its execution by sending a copy of its executed counterpart to the other party by email in Portable Document Format (PDF) or by other electronic means.

EXECUTED AS A DEED on ________.

Executed by ________ (ACN/ABN ________) in accordance with section 127 of the Corporations Act 2001 (Cth) by:

___________________________________
Signature of director

____________________________________
Name of director (please print)

___________________________________
Signature of director/company secretary

____________________________________
Name of director/company secretary (please print)

Signed, sealed and delivered by ________:

____________________________________
Signature of Employee — ________

____________________________________
Date

In the presence of:

____________________________________
Witness signature

____________________________________
Witness name (please print)

____________________________________
Witness occupation

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