Remote Work Agreement - Template, Sample Form Pro · AU-law

REMOTE EMPLOYMENT AGREEMENT

This Remote Employment Agreement ("this Agreement") is dated this ________.

BETWEEN THE EMPLOYER:

________ (ABN ________)

of the following address ("Employer's Address"):

________

AND THE EMPLOYEE:

________

of the following address ("Employee's Address"):

________

BACKGROUND

The Employer and the Employee have agreed to enter into an employment relationship on the terms set out in this Agreement. This Agreement operates subject to the Fair Work Act 2009 (Cth), the National Employment Standards and any applicable modern award or enterprise agreement.

(1) INTERPRETATION

In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:

(a) Words referring to one gender include every other gender.

(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.

(c) Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.

(d) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

(e) A reference to a statute or statutory provision includes any amendment, re-enactment or replacement of it, and any subordinate legislation made under it.

(f) "NES" means the National Employment Standards contained in the Fair Work Act 2009 (Cth).

(2) TYPE OF EMPLOYMENT

The Employee will be employed on a full-time, fixed term basis.

(3) TERM OF EMPLOYMENT

(a) The Employee will commence employment with the Employer on ________.

(b) Subject to the other terms of this Agreement (including the terms relating to termination), the Employee will end employment with the Employer on ________. The parties acknowledge that the maximum term provisions in section 333E of the Fair Work Act 2009 (Cth) apply to fixed term contracts.

(4) POSITION DESCRIPTION

The Employee will be employed in the position of:

________

(5) JOB DUTIES

(a) The Employee will be required to perform all tasks and accept all duties and responsibilities as reasonably requested by the Employer from time to time ("the Employee's Duties"). In particular, the Employee will have the following duties:

________

(b) The Employer may from time to time make changes to the position description or to the Employee's Duties, provided that such changes are reasonable in the context of the Employer's industry and the Employee's position.

(c) The Employer and the Employee may from time to time agree to make changes to the position description or to the Employee's Duties.

(d) The Employee agrees to perform the Employee's Duties in accordance with:

(I) this Agreement; and

(II) the lawful and reasonable directions, instructions, requests, and orders of the Employer; and

(III) any of the Employer's guidelines, practice manuals, policies or procedures as they exist from time to time.

(e) The Employee must perform the Employee's Duties in good faith having regard to the best interests of the Employer, and in a careful, conscientious and professional manner and to a standard that can reasonably be expected of somebody with the Employee's level of skill, training and experience.

(6) LOCATION OF EMPLOYMENT

This is a Remote Employment Agreement, and as such, the Employee may work from such location as the Employee chooses, although the Employer may direct the Employee to work from specific locations from time to time. The Employee's nominated remote work location is:

________

(7) REMUNERATION FOR EMPLOYMENT

(a) In consideration for the Employee's performance of the Employee's Duties in accordance with this Agreement, the Employer agrees to pay the Employee ("the Compensation") a gross annual salary of $________ (________).

(b) The Compensation is a gross amount. Applicable taxes and statutory deductions will be withheld by the Employer in accordance with relevant laws and regulations. The Employee's net salary, after such deductions, will be the actual amount received.

(c) The Compensation will be paid ________, on the ________ of each relevant period.

(d) The Compensation will be paid by direct deposit into the following bank account (or such other bank account as is nominated in writing by the Employee):

________

(e) The Employer will, in addition to the Compensation, make superannuation contributions on behalf of the Employee at the rate required under the Superannuation Guarantee (Administration) Act 1992 (Cth) and the Superannuation Guarantee Charge Act 1992 (Cth), to a complying superannuation fund nominated by the Employee, or, where no fund is nominated, to the Employee's stapled fund or the Employer's default fund as permitted by law.

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(j) The Employee's level of Compensation may be increased at any time at the Employer's discretion, and may be addressed at any performance review.

(8) BENEFITS

(a) In addition to the Compensation, the Employee will be entitled to the following benefits ("the Benefits"):

________

(b) The Benefits are provided to the Employee at the sole discretion of the Employer. The Employer may, in the Employer's sole discretion, revoke or terminate any or all of the Benefits at any time, provided that nothing in this clause operates to reduce any entitlement of the Employee under the NES or any applicable modern award or enterprise agreement. In the event that any or all of the Benefits are revoked or terminated, the Employee will not be entitled to any compensation in lieu of those Benefits which have been revoked or terminated.

(9) PROBATION

(a) The Employee's employment is subject to the satisfactory completion of a probationary period of ________.

(b) During the probationary period, the Employee's employment may be terminated by either the Employee or the Employer upon providing the notice set out in clause (24), or such longer notice as is required by the NES.

(10) HOURS OF WORK

(a) The Employee will be expected to work the equivalent of ________ ordinary hours per week, in accordance with section 62 of the Fair Work Act 2009 (Cth).

(b) The Employee's ordinary hours of work, including breaks, will be:

________

(c) From time to time, after receiving reasonable notice from the Employer, the Employee may be requested to work reasonable additional hours in addition to or outside of the Employee's ordinary hours of work ("the Additional Hours"). The Employee may refuse to work additional hours where they are unreasonable having regard to the matters in section 62 of the Fair Work Act 2009 (Cth). The Employee will be compensated for the Additional Hours as follows:

________

(11) BEING AVAILABLE FOR WORK

During work hours, the Employee must make themselves available for work in the following manner:

________

The Employee has the right to refuse to monitor, read or respond to contact, or attempted contact, outside of working hours, except where such refusal is unreasonable, in accordance with section 333M of the Fair Work Act 2009 (Cth).

(12) REPORTING

The Employee must report to the Employer in the following manner:

________

(13) EQUIPMENT

The Employer will provide the Employee with all relevant equipment necessary for the performance of the Employee's Duties. All such equipment remains the property of the Employer and must be returned in accordance with clause (25).

(14) UTILITIES OR OTHER WORK EXPENSES

The Employer will provide the Employee with an allowance to cover expenses such as internet, electricity, telephone or other work related expenses, in the amount of $________ (________) per year.

(15) LEAVE

(a) The Employee is entitled to paid annual leave in accordance with the NES, being a minimum of four (4) weeks of paid annual leave for each year of service (or as otherwise provided by any applicable modern award or enterprise agreement). Where the Employer provides annual leave in excess of the NES, the additional amount is: ________.

(b) In the event that the Employee does not use all of the Employee's accrued annual leave within a given year, any unused annual leave will accrue and carry over to the following year in accordance with the NES.

(c) The Employee may take annual leave at dates and times as are mutually agreed between the Employee and the Employer, and an agreement to take leave must not be unreasonably refused.

(d) Upon termination of the Employee's employment, the Employer will pay the Employee for any accrued but untaken annual leave, in accordance with section 90 of the Fair Work Act 2009 (Cth).

(e) In addition to the leave entitlements set out in this clause, the Employee will also be entitled to such leave as is provided by the NES and any applicable modern award or enterprise agreement, which may include personal/carer's leave, compassionate leave, long service leave, parental leave, community service leave, paid family and domestic violence leave and paid public holidays.

(16) LEAVE LOADING

The Employer will pay the Employee any applicable leave loading in accordance with the provisions of any modern award, enterprise agreement, or other applicable industrial instrument that governs the Employee's employment. Where no such instrument applies, leave loading will not be payable unless otherwise specified in this Agreement.

(17) NO CONFLICT

The Employee must not, at any time while the Employee is employed under this Agreement, without the Employer's prior written consent, engage in any employment or other business activities (including working as a contractor, consultant or otherwise, or operating a business in which the Employee owns an interest), whether directly or indirectly, which in the Employer's reasonable determination conflicts with the best interests of the Employer.

(18) RESTRAINT

(a) The Employee agrees that, for the period of time set out in this clause ("the Time Period") after termination of the Employee's employment with the Employer, and within the geographical area set out in this clause ("the Geographical Area"), the Employee will not, either directly or indirectly, whether as employee, partner, sole trader, manager, director, advisor, agent, representative, affiliate, consultant, shareholder, unit holder, trustee, contractor or otherwise, undertake any of the following:

(I) engaging in a business which is the same as, similar to or in competition with the Employer's business; or

(II) soliciting, hiring, or attempting to hire any of the Employer's other employees or staff; or

(III) soliciting any of the Employer's customers or clients.

(b) For the purposes of this clause, "the Time Period" means, from the date that the Employee stops working for or with the Employer:

(I) one year;

(II) six months;

(III) three months;

(IV) two months;

(V) one month;

Provided that each restraint contained in this definition of "the Time Period" constitutes a separate and independent provision which is severable from each other provision. In the event that a court of competent jurisdiction determines that any of these independent provisions is unenforceable in whole or in part, the enforceability of the remainder of that provision or of any other provisions will not be affected.

(c) For the purposes of this clause, "the Geographical Area" means, from the Employer's Address, a distance of:

(I) ten kilometres;

(II) five kilometres;

(III) four kilometres;

(IV) three kilometres;

(V) two kilometres;

(VI) one kilometre;

Provided that each restraint contained in this definition of "the Geographical Area" constitutes a separate and independent provision which is severable from each other provision. In the event that a court of competent jurisdiction determines that any of these independent provisions is unenforceable in whole or in part, the enforceability of the remainder of that provision or of any other provisions will not be affected.

(d) The Employee acknowledges that the restraints in this clause are reasonable and necessary to protect the legitimate business interests of the Employer, and go no further than is reasonably necessary for that purpose.

(19) CONFIDENTIALITY

(a) The Employee acknowledges and agrees that during the Employee's employment under this Agreement, the Employee may have access to information that is confidential and/or commercially valuable to the Employer ("Confidential Information"), which may include but is not limited to:

(I) information of whatever nature relating to the business activities, practices and finances of the Employer;

(II) any evaluation material, design work, technologies, technological ideas or strategies, strategic plans and ideas, marketing strategies, innovations, creative plans, concepts and any other plans or ideas developed by the Employer or on its behalf, or used by the Employer, whether relating specifically to the Employer's business or otherwise;

(III) any information derived from any other information which falls within this definition of Confidential Information; and

(IV) any copy of any Confidential Information,

but does not include information which:

(I) was known or in the possession of the Employee before it was provided to the Employee by the Employer, provided that it was known or in the possession of the Employee through legal means, and not as a result of any breach of this Agreement or any other agreement or obligation relating to confidentiality;

(II) is, or becomes, publicly available, through no fault of the Employee;

(III) is provided to the Employee without restriction or disclosure by a third party who did not breach any confidentiality obligations by making such a disclosure;

(IV) is provided to the Employee by the Employer and is marked "Non Confidential"; or

(V) is required by law or regulation to be disclosed, but in the event that this exception applies, it applies only to the absolute minimum necessary and provided that the Employer is first consulted to establish whether and if so how far it is possible to prevent or restrict such enforced disclosure.

(b) The Employee shall keep the Confidential Information confidential and secret.

(c) The Employee shall only use the Confidential Information for the purpose of performing the Employee's obligations under this Agreement.

(d) If there is any doubt as to whether any particular information constitutes Confidential Information, the Employee should presume it is Confidential Information until the Employee obtains explicit confirmation from the Employer that it is not Confidential Information.

(e) This clause will survive the termination or expiration of this Agreement.

(20) INTELLECTUAL PROPERTY

(a) In connection with the Employee's performance of the Employee's duties under this Agreement, the Employee may generate, create, contribute to, write or produce intellectual property ("Created IP").

(b) For the purposes of this Agreement, "Created IP" includes but is not limited to:

(I) information, ideas, innovations, developments, improvements, inventions, discoveries, plans, reports, drawings, specifications, advice, analyses, designs, methodologies, code, artwork, or any other intellectual property; and

(II) intellectual property, whether the Employee generates, creates, contributes to, writes or produces that intellectual property directly, indirectly, independently or in cooperation or conjunction with another person or persons; and

(III) intellectual property that results in any way from work performed for or on behalf of the Employer (whether performed by the Employee or by somebody else); and

(IV) intellectual property that results in any way from the use of the Employer's resources or assets including reference or other materials, personnel, facilities, or other resources; and

(V) intellectual property that relates in any other way to the Employer's business.

(c) Unless otherwise agreed between the parties, any intellectual property rights in any Created IP shall belong to the Employer, and the Employee hereby assigns any right, title and interest that the Employee may have in the Created IP (including future rights) to the Employer and, if applicable, to the Employer's successors and assigns.

(d) Unless otherwise agreed between the parties, any intellectual property rights in any intellectual property provided by the Employer to the Employee in order to assist in the Employee's performance of the Employee's duties shall belong to the Employer.

(e) To the extent permitted by the Copyright Act 1968 (Cth), the Employee consents to the Employer (and its licensees and successors) doing any act or making any omission that would otherwise infringe the Employee's moral rights in any Created IP.

(f) The Employee hereby agrees, whether during the Employee's period of employment with the Employer, or after such period of employment has ended, to:

(I) cooperate with the Employer in obtaining any copyrights, patents, trademarks or other intellectual property rights in relation to the Created IP, including by signing any documents, forms or applications as reasonably required by the Employer; and

(II) cooperate with the Employer in any defence or prosecution of the Employer's intellectual property rights in relation to the Created IP.

(g) This clause will survive the termination or expiration of this Agreement.

(21) WORK HEALTH AND SAFETY

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(22) PERFORMANCE REVIEWS

(a) The Employer may from time to time conduct performance reviews in relation to the Employee's performance of the Employee's Duties.

(b) The Employee agrees to participate in, and cooperate with the Employer in relation to, any such performance reviews.

(c) The purpose of any performance review is to assess the Employee's performance, to provide feedback to the Employee, to set goals and objectives, and to identify any training or development needs.

(23) PRIVACY AND DATA PROTECTION

(a) The Employee agrees to comply with all applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and with any of the Employer's policies and procedures in relation to privacy and data protection.

(b) The Employee agrees to take all reasonable steps to protect any personal information and data which the Employee may have access to in the course of performing the Employee's Duties, and to only use such information for the purpose of performing the Employee's Duties.

(c) The Employee consents to the Employer collecting, holding, using and disclosing the Employee's personal information for purposes reasonably connected with the Employee's employment, in accordance with the Privacy Act 1988 (Cth).

(d) This clause will survive the termination or expiration of this Agreement.

(24) TERMINATION

(a) Either party may terminate this Agreement by providing written notice (or, where applicable, payment in lieu of notice) to the other party. The minimum period of notice to be given by the Employer is that required under section 117 of the Fair Work Act 2009 (Cth) and the NES, or such longer period as set out below: ________. The Employee must give the Employer the following notice of resignation: ________.

(b) Notwithstanding sub-clause (a) above, in the event that the Employee commits an act of serious misconduct (as defined in the Fair Work Regulations 2009 (Cth)), the Employer may terminate this Agreement by notice effective immediately without payment in lieu of notice (except for salary and entitlements accrued to the date of termination).

(c) Both parties acknowledge and agree that in the event that either party provides notice to terminate this Agreement, both parties must continue to perform their obligations under this Agreement in good faith until the end of the period of notice. In particular:

(I) The Employee must cooperate with any of the Employer's reasonable requests in relation to the termination of employment, including, if applicable, assisting with the training of replacement staff, or otherwise assisting with handing over and finalising the Employee's work; and

(II) The Employer must not make any changes to this Agreement, or to the amount of the Compensation, during the notice period.

(d) Nothing in this Agreement limits the Employee's rights under the unfair dismissal or general protections provisions of the Fair Work Act 2009 (Cth).

(25) RETURN OF PROPERTY

Upon the termination or expiration of this Agreement, the Employee must promptly return to the Employer any property, equipment, documentation, records or Confidential Information including any Created IP which is the property of the Employer.

(26) BREACH

(a) The Employee acknowledges and agrees that in the event that the Employee breaches or threatens to breach this Agreement, the Employer may be entitled to seek injunctive relief to prevent or limit any breach of this Agreement by the Employee, in order to minimise the harm to the Employer that any breach may cause.

(b) The Employee acknowledges and agrees that any such injunctive relief is available to the Employer in addition to any other rights that the Employer may have, and regardless of whether the Employer exercises any other rights or not.

(c) Any such injunctive relief may restrain the Employee personally, or may restrain any other persons associated in any way with the Employee, including associates, business partners, coworkers, employees, agents, subcontractors, affiliates, representatives or any other persons whose actions, if not restrained, may cause harm or loss to the Employer or to the Employer's business.

(27) ENTIRE AGREEMENT

(a) The parties agree that in relation to the subject matter of this Agreement, this Agreement represents the entire agreement between the parties. The parties confirm that no warranties, representations, conditions or collateral agreements affect this Agreement or its subject matter except as otherwise provided in writing or as expressly provided in this Agreement. Nothing in this clause operates to exclude or modify any entitlement under the NES or any applicable modern award or enterprise agreement.

(b) For the sake of clarity, the parties agree that any other written agreements entered into between the parties, such as a confidentiality agreement, may apply in addition to this Agreement.

(28) AMENDMENTS

Any amendments or modifications to this Agreement, and any additional obligations imposed on either party in relation to this Agreement, will not be binding on either party unless in writing and signed by each party (either personally or by an authorised representative).

(29) NOTICES

(a) Any notice, demand, request or other correspondence in relation to this Agreement, which is required or permitted to be given in writing will be deemed validly given to the Employee if delivered by hand, by courier, by post with a signature on delivery, or by email, to the following address:

________

(b) Any notice, demand, request or other correspondence in relation to this Agreement, which is required or permitted to be given in writing will be deemed validly given to the Employer if delivered by hand, by courier, by post with a signature on delivery, or by email, to the following address:

________

(c) Either party ("the Nominating Party") may nominate another address ("the New Address") by notifying the other party in writing. Any notice required or permitted to be given in writing will, after nomination of the New Address, be deemed validly given if delivered to the Nominating Party at the New Address.

(30) WAIVER

(a) The waiver by either party of any right or remedy in relation to a breach, default, delay or omission by the other party of any provision of this Agreement will not be construed as a waiver of any subsequent breach of the same or other provisions.

(b) The failure or delay by either party in exercising any right or remedy under this Agreement will not constitute a waiver of that right or remedy, nor will it prevent or impair that party from subsequently exercising that right or remedy.

(c) Any rights or remedies provided in this Agreement are cumulative and are in addition to any rights or remedies provided by law.

(31) APPLICABLE LAW

(a) This Agreement is subject to the laws of ________ and each party submits to the non-exclusive jurisdiction of the courts of ________.

(b) This Agreement is also subject to all applicable Commonwealth laws, including the Fair Work Act 2009 (Cth) and the National Employment Standards, as well as any applicable modern award or enterprise agreement that governs the Employee's employment.

(32) BINDING AGREEMENT

This Agreement is binding upon and enures for the benefit of the parties and their respective successors and permitted assigns.

(33) SEVERABILITY

If any clause or sub-clause of this Agreement is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances the remaining provisions of this Agreement shall continue in full force and effect.

(34) SURVIVAL OF OBLIGATIONS

On the termination or expiration of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which expressly state that they will survive termination or expiration.

(35) HEADINGS

Headings are for convenience only and do not affect the interpretation of this Agreement. A reference to any part or clause is a reference to a part or clause in this Agreement.

(36) COUNTERPARTS

This Agreement may be signed by the parties in any number of counterparts, including by electronic signature, each of which when executed and delivered shall be taken to be a duplicate original, and all counterparts together shall be taken as constituting a single original document.

EXECUTED AS AN AGREEMENT THIS ________

Executed for and on behalf of ________:

___________________________________
Signature of authorised representative

____________________________________
Print name

____________________________________
Position held

In the presence of:

____________________________________
Witness Signature

____________________________________
Witness Name

____________________________________
Witness Occupation

____________________________________

____________________________________
Witness Address

Executed by ________:

____________________________________
________

In the presence of:

____________________________________
Witness Signature

____________________________________
Witness Name

____________________________________
Witness Occupation

____________________________________

____________________________________
Witness Address