Au Pair Invitation Letter - Template, Sample Form Pro · AU-law

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Telephone: ________
Email: ________

Dear ________,

LETTER OF INVITATION AND CONTRACT OF EMPLOYMENT — AU PAIR / HOME-BASED CARE WORKER

This letter confirms our earlier discussions and sets out the terms upon which I invite you, and offer to employ you, to live with my family and assist with the care of my child or children. It is intended to constitute a legally binding contract of employment between you and me upon your acceptance.

§ 1. Parties

1.1 The Employer/Host: ________ of ________ ("I", "me" or "the Host").

1.2 The Employee: ________ of ________ ("you" or "the Au Pair").

1.3 This agreement is governed by the law of ________, Australia, and is subject to the Fair Work Act 2009 (Cth), the National Employment Standards and any applicable modern award (including, where relevant, the Miscellaneous Award 2020).

§ 2. Invitation and Purpose

2.1 In light of your relevant qualifications, experience and a satisfactory National Police Check (and, where required, a current Working with Children Check), I invite you to come to stay with my family as an au pair to assist me with the care of my child or children:

________ (aged ________)

2.2 You warrant that all information provided by you regarding your qualifications, experience, identity, working rights and criminal history is true and complete.

§ 3. Conditions of the Offer

3.1 This offer is conditional upon you obtaining and maintaining a valid visa that lawfully entitles you to work in Australia for the duration of your engagement. I will cover the reasonable costs of you obtaining any such visa, to a maximum of ________.

3.2 This offer is further conditional on you holding the following relevant qualifications and/or experience:

________

3.3 This offer is conditional on the satisfactory outcome of all background checks referred to in § 2.1, and on you holding appropriate health insurance in accordance with § 9.

§ 4. Commencement and Arrival

4.1 You will commence your engagement on ________, travelling by ________. I will meet you at ________ on arrival.

4.2 You may contact me at any time should you require assistance during your journey. Please notify me promptly of any change to or delay in your travel plans.

4.3 A probationary period of ________ will apply from the commencement date, during which either party may terminate this agreement in accordance with § 11.

4.4 During the first day or so after your arrival I will be at home with you to help you become familiar with the home, the child or children, your responsibilities and the neighbourhood. It is my wish that you will feel part of our family.

§ 5. Duties and Hours of Work

5.1 Your principal duties are to look after and care for my child or children. Your duties are flexible and may reasonably vary from time to time as necessary.

5.2 Your ordinary working hours, during which you will assist with childcare and light housework directly related to the child or children, will be approximately ________ hours per week, with the indicative roster set out at ________.

5.3 Your duties do not include heavy housework unrelated to the child or children, such as cleaning the entire home, undertaking all of the household laundry, or running the household when I am regularly absent, although occasional tasks of that kind may arise.

5.4 You will not be required to work hours that breach the maximum weekly hours provisions of the National Employment Standards.

§ 6. Remuneration and Superannuation

6.1 You will be paid wages of ________, payable ________ by electronic funds transfer to your nominated bank account.

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6.3 In addition to your wages, I will make superannuation contributions on your behalf at the applicable rate required by the Superannuation Guarantee (Administration) Act 1992 (Cth) to your nominated complying superannuation fund: ________.

6.4 You will be provided with a payslip for each pay period and a payment summary as required by law.

§ 7. Accommodation and Meals

7.1 You will have your own bedroom and your own bathroom for your sole use.

7.2 You are expected to take your main meals with the family, and I hope you will join us as a member of the family during your leisure time at home. I will provide your room and meals in the home free of charge, save as set out in § 7.3.

7.3 You will be required to contribute board in the amount of ________. Any deduction for board from your wages will only be made with your written authorisation and in accordance with sections 323 and 324 of the Fair Work Act 2009 (Cth).

§ 8. Leave and Time Off

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8.2 You will normally have the equivalent of ________ days off per week at mutually convenient times, although this may vary in some weeks.

8.3 I may, on reasonable request, provide additional time for you to visit friends and family, to be considered and arranged on a case-by-case basis.

§ 9. Health Insurance and Work Health and Safety

9.1 You must hold and maintain adequate health insurance (including any insurance required as a condition of your visa) for the duration of your stay. I will cover the cost of such insurance, to a maximum of ________.

9.2 I will comply with my obligations under the applicable work health and safety legislation and will maintain workers' compensation insurance as required by law, with the relevant policy being ________.

§ 10. Language, Cultural Exchange and Education

10.1 My household is English-speaking, and I understand you wish to practise your English while with us. I will support you in doing so and hope to assist with your English and your understanding of Australian culture.

10.2 In return, I would appreciate it if you would share your own culture with us and converse with us in your language for one evening each week.

10.3 I understand you may wish to pursue, and I will reasonably support you in pursuing, the following educational opportunities:

________

§ 11. Travel with the Family

11.1 When I travel on holiday or undertake outings with the child or children, I may require you to accompany us at my expense; such travel time will be treated in accordance with the Fair Work Act and any applicable award.

§ 12. Confidentiality and Privacy

12.1 You must keep confidential all personal and private information concerning my family that you acquire during your engagement, both during and after the term of this agreement.

12.2 Any personal information I collect about you will be handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

§ 13. Duration, Termination and Notice

13.1 Your engagement is planned to continue until ________.

13.2 Either party may end this arrangement by giving the other written notice of not less than ________, or such longer period as is required under the National Employment Standards, or payment in lieu of notice.

13.3 I may terminate your employment without notice for serious misconduct as defined in the Fair Work Regulations 2009.

13.4 In the event the arrangement is terminated, I will assist you in making arrangements for your return home. I trust, however, that your stay with us will be a happy and rewarding experience for all concerned.

§ 14. General

14.1 This letter, together with your written acceptance, constitutes the entire agreement between us regarding your engagement and supersedes all prior discussions and representations.

14.2 No variation of this agreement is effective unless made in writing and signed by both parties.

14.3 Nothing in this agreement excludes, restricts or modifies any right or entitlement conferred on you by the Fair Work Act, the National Employment Standards or any other applicable law, and to the extent of any inconsistency, those laws prevail.

14.4 If any provision of this agreement is found to be void or unenforceable, that provision is severed and the remaining provisions continue in full force.

Please sign and return a copy of this letter to confirm that you accept the terms set out above.

All the best with your travels and I look forward to meeting you soon.

Yours sincerely,

________
Email: ________

I, ________, acknowledge receipt of the above Letter of Invitation and Contract of Employment, confirm that I have had the opportunity to seek independent advice, and agree to its terms:

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Signature of Au Pair

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Name (printed): ________

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Date: ________