Letter of Offer of Employment - Template, Sample Form Pro · AU-law

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ACN: ________
ABN: ________
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Dear ________,

Re: Offer of Full-Time Employment

I am pleased to offer you full-time employment with ________ (the Employer) in the role of ________, reporting to ________. Your employment is intended to commence on ________.

This letter sets out the principal terms and conditions on which the offer is made. Please read it carefully and indicate your acceptance by signing and returning a copy. This offer is conditional upon you being legally entitled to work in Australia and, where applicable, upon the satisfactory completion of any pre-employment checks specified in clause 11.

1. Your Position

(a) You will be employed on the terms and conditions set out in this agreement in the role of ________.

(b) In addition to any lawful and reasonable duties allocated by the Employer from time to time, your position will involve the following duties:

________

(c) You agree to perform your duties diligently and to the best of your ability, to act in the best interests of the Employer, to comply with all lawful and reasonable directions, and to comply with all applicable laws and the Employer's policies and procedures.

(d) During your employment you must not, without the prior written consent of the Employer, engage in any other business, employment or activity that conflicts or competes with the Employer's interests or interferes with the performance of your duties.

2. Location

(a) Your usual place of work will be ________.

(b) The Employer may, by reasonable direction, require you to perform your duties from other locations as the needs of the business require.

3. Probationary Period

(a) Your employment is subject to the satisfactory completion of a probationary period of ________ from the commencement date.

(b) The probationary period is intended to allow both parties to assess the suitability of the employment. During the probationary period either party may terminate this agreement by providing the minimum period of notice required under the National Employment Standards (or payment in lieu of that notice), being not less than one week.

(c) Nothing in this clause limits the Employer's right to terminate your employment summarily under clause 9(b).

4. Hours of Work

(a) As a full-time employee your ordinary hours of work will be ________ hours per week, to be worked during the Employer's ordinary business hours.

(b) You may from time to time be required to work such additional reasonable hours as are necessary for the proper performance of your duties, having regard to section 62 of the Fair Work Act 2009 (Cth). You may refuse to work additional hours where they are unreasonable.

(c) Where your remuneration is set as an annual salary under clause 5, the salary compensates you for all hours reasonably worked, including any reasonable additional hours, and no separate payment will be made for such additional hours except to the extent required by law.

5. Remuneration and Superannuation

(a) Your annual salary will be $________ (gross, exclusive of superannuation), subject to applicable taxation.

(b) Your salary will be paid ________ by electronic funds transfer into your nominated bank account.

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(d) In addition to your salary, the Employer will make superannuation contributions on your behalf to a complying superannuation fund in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth) and related legislation. Subject to your right to choose a fund under that legislation, contributions will be made to ________ unless you nominate an alternative complying fund in writing.

(e) The Employer will review your remuneration from time to time, but is under no obligation to increase it.

6. Leave

(a) You will be entitled to paid annual leave, personal/carer's leave, compassionate leave, parental leave, community service leave and the other leave entitlements provided for under the National Employment Standards contained in the Fair Work Act 2009 (Cth).

(b) You will be entitled to long service leave in accordance with the applicable State or Territory long service leave legislation.

(c) Leave must be applied for and taken in accordance with the Employer's policies and the applicable legislation.

7. Company Policies

(a) You agree to comply with the Employer's policies, procedures and codes of conduct as amended or replaced from time to time.

(b) The Employer's policies represent the Employer's expectations and directions and do not form part of this agreement, and the Employer is not contractually bound by them.

8. Confidentiality and Intellectual Property

(a) During the course of your employment you may have access to confidential information belonging to the Employer, including but not limited to trade secrets, business methods, client and customer details, supplier information, pricing, financial information and other proprietary or commercially sensitive information (Confidential Information).

(b) You must not, either during your employment or at any time after its termination, use, copy or disclose any Confidential Information to any person, except as required in the proper performance of your duties, with the Employer's prior written consent, or as required by law.

(c) All intellectual property created by you in the course of your employment or in connection with the Employer's business vests in and is the absolute property of the Employer, and you agree to do all things reasonably necessary to give effect to this clause.

(d) Upon termination of your employment, or at the Employer's request, you must promptly return all property of the Employer, including all documents and materials containing Confidential Information, in your possession or control.

9. Termination

(a) After the probationary period, either party may terminate this agreement by giving the other party the minimum period of written notice (or payment in lieu of notice) required under section 117 of the Fair Work Act 2009 (Cth) and the National Employment Standards, or such longer period as may be specified in this agreement, being ________.

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(c) On termination you must return all Employer property in accordance with clause 8(d).

10. Privacy

The Employer will collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and for purposes connected with your employment. By accepting this offer you consent to such collection, holding, use and disclosure.

11. Conditions of Offer

This offer is conditional upon: (a) your providing satisfactory evidence of your entitlement to work in Australia; and (b) the satisfactory completion of any pre-employment checks specified below: ________.

12. Entire Agreement and Governing Law

(a) This agreement (together with any formal Contract of Employment subsequently executed) constitutes the entire agreement between the parties in relation to your employment and supersedes all prior representations, negotiations and understandings.

(b) This agreement is governed by the laws of ________ and the Commonwealth of Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory.

(c) If any provision of this agreement is or becomes invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity of the remaining provisions.

Acceptance

This Letter of Offer contains the proposed terms and conditions of your employment with the Employer and is subject to the preparation and execution of a formal Contract of Employment.

Yours sincerely,

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For and on behalf of ________

I, ________, accept and agree to the proposed terms of employment set out in this letter and request that the Employer prepare a formal contract of employment for execution.

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Signature of Employee

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Date: ________