[{"id":"4a277262-c484-4c07-befd-ad1b2e3706b2","order":1,"text":"EMPLOYMENT CONTRACT","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"e56da0e3-6444-4ffa-b172-3917fb04da82","order":2,"text":"FULL-TIME / PART-TIME EMPLOYEE","fontSize":"16","textAlign":"center","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"018c2715-cb21-4923-8ed1-f951cffdc933","order":3,"text":"Made under the Fair Work Act 2009 (Cth)","fontSize":"12","textAlign":"center","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"b1acc070-0d3c-4b51-9ccb-9ea8b2595ee8","order":4,"text":"PARTIES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10"},{"id":"ee2185b4-bf5b-4ec6-a34e-32d380a7c7d2","order":5,"text":"BETWEEN:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"154ee539-64d8-42a9-8866-2ce7f0c8fe30","order":6,"text":"[Employer legal name] [ACN / ABN] of [Registered office address] (the "Employer")","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"c7318d14-b910-4c9d-bc83-ad3a8d274a31","value":"a company","type":"add","operator":"="}]},{"id":"00870f06-de3a-4e21-a7a5-d332f04ded83","order":7,"text":"[Employer full name] trading as [Trading name] [ABN] of [Business address] (the "Employer")","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"c7318d14-b910-4c9d-bc83-ad3a8d274a31","value":"a sole trader or partnership","type":"add","operator":"="}]},{"id":"24ade50d-14df-415f-9291-4debf764aaee","order":8,"text":"AND:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true,"marginTop":"6"},{"id":"d5df1ace-b658-4284-bbad-a709774699e2","order":9,"text":"[Employee full name] of [Employee residential address] (the "Employee")","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"75d2cae5-54f8-45de-8e4f-bd35adb7656f","order":10,"text":"The Employer and the Employee are together referred to as the "Parties" and each as a "Party".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"5ea9b4a4-6a5e-4ad2-a191-c0aedda0c33a","order":11,"text":"BACKGROUND","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10"},{"id":"d9e0d6b9-5986-4a2d-bfdd-ba861fdca9b2","order":12,"text":"A. The Employer carries on business and wishes to engage the Employee in the position described in this Contract.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"350592b8-1a87-4e7a-80a5-44917dd4ddcc","order":13,"text":"B. The Employee has represented that the Employee has the skills, qualifications, experience and, where applicable, the licences, registrations and work rights necessary to perform the position, and the Employer has agreed to engage the Employee in reliance on those representations.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3442e10b-59b7-494b-8723-a744f3332480","order":14,"text":"C. The Parties wish to record the terms of the employment in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"9bc4c206-d1b3-47a3-bd43-aa93064842da","order":15,"text":"IT IS AGREED as follows.","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"18","cflou":false,"active":true},{"id":"29223c76-b1f1-4cf4-9332-240ba2237b86","order":16,"text":"1. DEFINITIONS AND INTERPRETATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S01"},{"id":"4154311e-22e4-4abb-9f17-9a0ae3d1d014","order":17,"text":"In this Contract: "Act" means the Fair Work Act 2009 (Cth); "Commencement Date" means the date specified in the section entitled "Commencement and Duration"; "Confidential Information" has the meaning given in the section entitled "Confidential Information"; "NES" means the National Employment Standards in Part 2-2 of the Act; and "Related Body Corporate" has the meaning given in the Corporations Act 2001 (Cth).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6a1dd928-2cff-47eb-811f-06e024a8a4d6","order":18,"text":"In this Contract, unless the contrary intention appears, the singular includes the plural and vice versa; a reference to legislation includes that legislation as amended, re-enacted or replaced from time to time; headings are for convenience only and do not affect interpretation; and a reference to a section by name is a reference to the correspondingly named section of this Contract.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4dd9c8e7-84e8-4a18-a51f-d6b4f5821977","order":19,"text":"2. ENGAGEMENT AND POSITION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S02"},{"id":"914e66e3-f468-4bb9-a643-fbd7c9f184b1","order":20,"text":"The Employer engages the Employee, and the Employee accepts engagement, in the position of [Position title] on a full-time basis, reporting to [Reports to] or such other person as the Employer may notify from time to time.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8023bb7c-4355-408c-995b-e09b4125dc1d","order":21,"text":"The Employee's principal place of work is [Primary work location]. The Employee may be required to work at, and travel to, such other locations as are reasonably necessary for the performance of the Employee's duties.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e5f40c43-39c1-4f4e-8d3a-98d2fedbb8f0","order":22,"text":"The Employee must perform the duties set out in the position description provided to the Employee, together with such other duties as are within the Employee's skill, competence and training and as are reasonably directed by the Employer. The Employer may vary the Employee's duties, reporting line and work location from time to time, provided that any such variation is reasonable and does not result in a reduction of the Employee's total remuneration.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6c778699-de43-4dbf-a06c-ef8922c0e4a6","order":23,"text":"The Employee must, during working hours, devote the whole of the Employee's time, attention and skill to the business of the Employer; comply with all reasonable and lawful directions of the Employer; comply with the Employer's policies and procedures as varied from time to time; act in the best interests of the Employer and not do anything which damages or is likely to damage the Employer's reputation; and use best endeavours to promote and protect the interests of the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"93f9ce3b-8ec2-43bd-b28d-1027f1ce7fc6","order":24,"text":"3. APPLICABLE INDUSTRIAL INSTRUMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S03"},{"id":"97e47853-fd71-4df8-9cda-839974890a37","order":25,"text":"The Employer considers that the Employee's employment is covered by the [Modern Award name] (the "Award"), and that the Employee is classified under the Award as [Classification level under the Award].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"a Modern Award","type":"add","operator":"="}]},{"id":"704ff660-31d8-4afc-ae0d-53b22131f54f","order":26,"text":"This Contract operates subject to the Award and the NES. Nothing in this Contract is intended to exclude, or has the effect of excluding, any entitlement of the Employee under the Award, the NES or any other applicable law. To the extent that any term of this Contract is less beneficial to the Employee than a corresponding entitlement under the Award or the NES, the Award or the NES prevails and the term of this Contract has no effect to that extent. A copy of the Award is available from the Fair Work Ombudsman.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"a Modern Award","type":"add","operator":"="}]},{"id":"319d753e-4e6f-4d89-ba54-4b0e40372bbb","order":27,"text":"The Employee's employment is covered by the [Enterprise agreement name] (the "Enterprise Agreement"), approved by the Fair Work Commission, and the Employee is classified under the Enterprise Agreement as [Classification level].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"an enterprise agreement","type":"add","operator":"="}]},{"id":"98b42238-3b8d-4dfb-ba6d-118eade1f589","order":28,"text":"This Contract operates subject to the Enterprise Agreement and the NES. Nothing in this Contract is intended to exclude, or has the effect of excluding, any entitlement of the Employee under the Enterprise Agreement, the NES or any other applicable law. To the extent of any inconsistency, the Enterprise Agreement and the NES prevail and the relevant term of this Contract has no effect to that extent.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"an enterprise agreement","type":"add","operator":"="}]},{"id":"b3208fef-2681-41da-b93b-cb86bd466da2","order":29,"text":"The Employer considers that the Employee's employment is not covered by any modern award or enterprise agreement, having regard to the nature of the Employee's duties and the coverage and classification provisions of the instruments that might otherwise apply.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"no award or agreement (award-free)","type":"add","operator":"="}]},{"id":"f2fc7c83-57f1-4c98-a34c-57b17e6ccf01","order":30,"text":"This Contract nevertheless operates subject to the NES and to all other applicable laws. Nothing in this Contract is intended to exclude, or has the effect of excluding, any entitlement of the Employee under the NES or any other applicable law. If it is subsequently determined that a modern award or enterprise agreement does cover the Employee's employment, that instrument prevails over this Contract to the extent of any inconsistency. In that event, the salary payable under the section entitled "Remuneration" is intended to compensate the Employee for, and may be set off against, all monetary entitlements payable under that instrument in respect of the same pay period, and the Employer must ensure that the Employee is paid in full in each pay period all amounts to which the Employee is then entitled.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"no award or agreement (award-free)","type":"add","operator":"="}]},{"id":"76dcc11e-a746-4b28-a2cf-43cb34eb8c35","order":31,"text":"4. COMMENCEMENT AND DURATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S04"},{"id":"a87ea755-8afe-476a-be1c-8f007b20ecec","order":32,"text":"The Employee's employment commences on [Commencement date] and continues until terminated in accordance with the section entitled "Termination of Employment". The employment is ongoing and is not for a fixed period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d35d9aff-4361-4007-8ba2-75c6b3df2b10","order":33,"text":"The Employee's prior service with the Employer, if any, is not recognised for the purpose of any entitlement under this Contract except to the extent required by the NES, the Act or any other applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c197453e-eabf-4434-b9b5-146835e32fb4","order":34,"text":"The Employee warrants that the Employee is entitled to work lawfully in Australia and that entry into this Contract and the performance of the Employee's duties will not breach any obligation owed by the Employee to any former employer or other person, including any restraint, confidentiality or intellectual property obligation. The Employee must provide evidence of the Employee's work rights on request.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"650e72f4-a906-43ca-94ab-46b1120873f3","order":35,"text":"5. PROBATIONARY PERIOD","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","displayConditions":[{"field":"6ac9313b-fb36-472f-8b64-0e0047aadc43","value":"yes","type":"add","operator":"="}],"sectionNum":"S05"},{"id":"746be88c-34cd-4d4e-8a7f-8516db47d8c8","order":36,"text":"The first 3 months of the Employee's employment is a probationary period, during which the Parties will assess the suitability of the employment. The Employer may extend the probationary period by written notice given before it expires, provided the total probationary period does not exceed 6 months.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"6ac9313b-fb36-472f-8b64-0e0047aadc43","value":"yes","type":"add","operator":"="}]},{"id":"78b68d62-ef17-420f-ae55-ffa7645b8a5d","order":37,"text":"During the probationary period, either Party may terminate the employment by giving 1 week written notice, or by the Employer making a payment in lieu of that notice, provided that the notice given is not less than the minimum notice required by section 117 of the Act. All other terms of this Contract apply during the probationary period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"6ac9313b-fb36-472f-8b64-0e0047aadc43","value":"yes","type":"add","operator":"="}]},{"id":"369c952b-89d4-459c-922f-db7a23238984","order":38,"text":"The Employee's entitlements under the NES accrue from the Commencement Date and are not affected by the probationary period. The Employee acknowledges that a minimum employment period applies under the Act before the Employee is protected from unfair dismissal, and that the probationary period under this section is separate from that statutory minimum employment period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"6ac9313b-fb36-472f-8b64-0e0047aadc43","value":"yes","type":"add","operator":"="}]},{"id":"e61ac4f8-8394-4c7b-973e-527e0e1383e8","order":39,"text":"6. HOURS OF WORK","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S06"},{"id":"b50aa584-1a82-45af-896c-6b1e425b2b1f","order":40,"text":"The Employee's ordinary hours of work are 38 hours per week, to be worked in accordance with the Employer's reasonable operational requirements, together with such additional hours as are reasonable having regard to the matters set out in section 62 of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"20059abc-37bd-458f-b63c-080e7b6e97a2","value":"full-time","type":"add","operator":"="}]},{"id":"763c0cd1-3b72-4c31-bfcb-56e5386c931e","order":41,"text":"The Employee's ordinary hours of work are [Ordinary hours per week] hours per week, to be worked in accordance with the pattern set out below, together with such additional hours as are reasonable having regard to the matters set out in section 62 of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"20059abc-37bd-458f-b63c-080e7b6e97a2","value":"part-time","type":"add","operator":"="}]},{"id":"05ca20a6-d997-4bb5-b956-9659d94d9f17","order":42,"text":"The Employee's regular pattern of work, being the days of the week the Employee will work and the number of hours to be worked on each of those days, is: [Regular pattern of work]. This pattern may only be varied by agreement in writing between the Parties, in accordance with any applicable requirement of the Award, the Enterprise Agreement or the NES.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"20059abc-37bd-458f-b63c-080e7b6e97a2","value":"part-time","type":"add","operator":"="}]},{"id":"159d2a27-2844-4fc2-bdd1-706f1dcdab0c","order":43,"text":"The Employee must not work additional hours unless those hours have been authorised in advance by the Employer, except where necessary to deal with an emergency. The Employee may refuse to work additional hours if those hours are unreasonable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"63dc1fd9-d948-4bdf-b21b-80566358ce7f","order":44,"text":"The Employer will keep records of the hours worked by the Employee, including any hours worked in excess of the Employee's ordinary hours, as required by the Act and the Fair Work Regulations 2009 (Cth). The Employee must accurately record and submit the Employee's hours of work in the manner directed by the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"db646cd4-7dc5-49eb-8529-98861930c47f","order":45,"text":"7. STAND DOWN","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S07"},{"id":"c5a3bc39-d53d-452c-81c1-11d351e31161","order":46,"text":"The Employer may stand the Employee down without pay during a period in which the Employee cannot usefully be employed because of industrial action (other than industrial action organised or engaged in by the Employer), a breakdown of machinery or equipment for which the Employer cannot reasonably be held responsible, or a stoppage of work for any cause for which the Employer cannot reasonably be held responsible.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"690d3bb9-fb4e-467a-9478-820768d2eb7c","order":47,"text":"This section is intended to operate concurrently with, and not to displace or limit, the Employer's right to stand down the Employee under section 524 of the Act. Before standing the Employee down, the Employer will notify the Employee in writing of the reason for, and the expected duration of, the stand down, and will consult the Employee about alternatives to a stand down. The Employee's continuity of service is not broken by a period of stand down, and the Employee continues to accrue leave and to be entitled to payment for any public holiday falling within the period, in accordance with the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6e650fb1-9163-4b57-86ab-a87765dd0cdc","order":48,"text":"8. RIGHT TO DISCONNECT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S08"},{"id":"a2752648-67a3-45a8-8561-36e9c9d9c5dc","order":49,"text":"The Employee may refuse to monitor, read or respond to contact, or attempted contact, from the Employer, or from a third party where the contact relates to the Employee's work, outside of the Employee's working hours, unless the refusal is unreasonable. This right is a workplace right under section 333M of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"526f68d6-93c6-4467-a2f7-8b43782f680c","order":50,"text":"In determining whether a refusal is unreasonable, regard must be had to the matters set out in the Act, including the reason for the contact, how the contact is made and the level of disruption it causes, the extent to which the Employee is compensated to remain available or to work additional hours, the nature of the Employee's role and level of responsibility, and the Employee's personal circumstances including family or caring responsibilities.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"dd330370-0399-487d-9db3-cb2e5b9fa796","order":51,"text":"Nothing in this section prevents the Employer from contacting the Employee outside working hours, including in an emergency or to discuss a genuine welfare matter or a roster change. The Employer will not take adverse action against the Employee for reasonably exercising the right to disconnect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0d7f670c-92c2-4632-92a8-11add1932bac","order":52,"text":"9. REMUNERATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S09"},{"id":"903929a9-31a0-495d-b6b1-535a76c0cc26","order":53,"text":"The Employer will pay the Employee an annual base salary of [Annual base salary] (exclusive of superannuation), payable fortnightly in arrears by electronic funds transfer into a bank account nominated by the Employee, less any amounts required or authorised by law to be deducted.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"41e3eb28-5361-415c-870d-36c175113e7b","order":54,"text":"The Employee's remuneration will be reviewed by the Employer at least annually. A review does not guarantee any increase, and any increase is at the Employer's discretion. The Employer may increase the Employee's remuneration by written notice, and any such increase takes effect without the need for a formal variation of this Contract.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cd4de65d-2a02-4516-91fe-9e7aee03bd41","order":55,"text":"The Employer will provide the Employee with a pay slip within one working day of each payment, in accordance with the Act and the Fair Work Regulations 2009 (Cth). The Employer must not make any deduction from the Employee's remuneration unless the deduction is authorised in writing by the Employee and is principally for the Employee's benefit, or is otherwise authorised by law, an order of a court, the Award, the Enterprise Agreement or the NES.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0102c179-e2b0-4f43-8dc2-b5e451daba27","order":56,"text":"10. DEDUCTIONS AND OVERPAYMENTS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S10"},{"id":"ca440e3b-4081-412b-9fa5-915bc0c2b40c","order":57,"text":"The Employer may deduct an amount from the Employee's remuneration only where the deduction is authorised in writing by the Employee and is principally for the Employee's benefit, is authorised by the Employee in accordance with an enterprise agreement, is authorised by or under a modern award or an order of the Fair Work Commission, or is authorised by or under a law of the Commonwealth, a State or a Territory or an order of a court, in accordance with section 324 of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"655f5db2-b7d5-4e82-88f8-391a8e8b904d","order":58,"text":"If the Employer pays the Employee an amount in excess of the Employee's entitlement, the Employee must notify the Employer as soon as the Employee becomes aware of it, and the Employer may seek to recover the overpayment. The Employer will discuss the proposed method of repayment with the Employee and will not deduct any overpayment from the Employee's remuneration unless the Employee has authorised that deduction in writing, specifying the amount, at the time of the deduction. Nothing in this section requires the Employee to give such an authorisation, and nothing in this section permits a deduction that would be unreasonable or that is prohibited by sections 325 or 326 of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"05515d7c-80ad-45d3-a5ec-ab60e88ab7a6","order":59,"text":"11. SET-OFF OF REMUNERATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"a Modern Award","type":"add","operator":"="},{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"an enterprise agreement","type":"add","operator":"="}],"sectionNum":"S11"},{"id":"1c9b0f5f-0e34-4a3c-bf7e-5cda5dca486f","order":60,"text":"The Parties agree that the salary payable under the section entitled "Remuneration" exceeds the minimum amount payable to the Employee under the applicable industrial instrument and is intended to compensate the Employee for, and may be set off against, all monetary entitlements payable to the Employee under that instrument in respect of the same pay period, including minimum wages, overtime, penalty rates, loadings, allowances and annual leave loading.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"a Modern Award","type":"add","operator":"="},{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"an enterprise agreement","type":"add","operator":"="}]},{"id":"787de5df-1313-4f1a-98a1-49be47f36e07","order":61,"text":"The set-off in this section operates only within a single pay period. Any amount paid to the Employee in excess of the Employee's entitlements for a particular pay period may not be applied, carried forward or reconciled against a shortfall arising in any other pay period. The Employer must ensure that, in each pay period, the Employee is paid in full all amounts to which the Employee is entitled under the applicable industrial instrument in respect of that pay period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"a Modern Award","type":"add","operator":"="},{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"an enterprise agreement","type":"add","operator":"="}]},{"id":"10c2f0ff-1327-424a-a9ec-602675a64856","order":62,"text":"If in any pay period the amount paid to the Employee is less than the total of the Employee's entitlements under the applicable industrial instrument for that pay period, the Employer must pay the shortfall to the Employee. The Employer will keep records of all hours worked by the Employee, including overtime hours, notwithstanding that the Employee is paid an annual salary, and will conduct periodic reviews to confirm compliance with this section.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"a Modern Award","type":"add","operator":"="},{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"an enterprise agreement","type":"add","operator":"="}]},{"id":"27e9a9a6-8feb-48f0-96bd-8644a63e603f","order":63,"text":"This section does not authorise any deduction from the Employee's remuneration and does not limit the Employee's entitlement to be paid in full for each pay period in accordance with section 323 of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"a Modern Award","type":"add","operator":"="},{"field":"c63e1df1-67f2-48d7-8b42-1b836ac7063f","value":"an enterprise agreement","type":"add","operator":"="}]},{"id":"0793fddd-7a14-47ef-8e64-3c65eb3e6b4e","order":64,"text":"12. SUPERANNUATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S12"},{"id":"842dddf4-87c5-4e86-a037-0ea13f8f3aea","order":65,"text":"The Employer will make superannuation contributions on behalf of the Employee at the rate required from time to time under the Superannuation Guarantee (Administration) Act 1992 (Cth), calculated on the Employee's qualifying earnings, up to the maximum contribution base. Those contributions are in addition to the Employee's base salary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b8051022-c3b3-49e3-a3d6-90b5c3cb4512","order":66,"text":"The Employer will pay superannuation contributions on each payday, and will ensure that each contribution is received by the Employee's superannuation fund within the period required by law after payday.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5b756e26-41b2-4732-8463-a9a7ecc6debc","order":67,"text":"The Employee may choose the superannuation fund into which contributions are made by giving the Employer a completed standard choice form. If the Employee does not make a choice, the Employer will make contributions to the Employee's stapled fund identified by the Australian Taxation Office or, if there is none, to the Employer's default fund.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0f1b1f98-711c-4cb2-8a0b-38864e8d5454","order":68,"text":"The Employee may elect to sacrifice part of the Employee's remuneration into superannuation or into another benefit offered by the Employer, by agreement in writing made before the relevant work is performed. Any such arrangement must comply with the applicable law, and the Employee is responsible for obtaining the Employee's own financial advice before entering into it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5ca4d1e3-5c8f-44eb-8bb8-53c0ba33cd54","order":69,"text":"In addition to the contributions required by law, the Employer will make superannuation contributions on behalf of the Employee at the rate of [Total contribution rate] per cent of the Employee's qualifying earnings.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"feaa95e3-dce4-4d5d-935f-daffae1a9f46","value":"yes","type":"add","operator":"="}]},{"id":"d1e34ccf-4865-4495-a1e0-f3926739499d","order":70,"text":"13. ALLOWANCES AND EXPENSES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S13"},{"id":"e8668dbd-68e7-4c68-9604-10a033d4df0d","order":71,"text":"The Employer will pay the Employee a motor vehicle allowance of [Allowance amount]. The allowance is paid in addition to the Employee's base salary and is subject to any applicable tax.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"86771b33-f341-4cc6-b242-087998157db0","value":"yes","type":"add","operator":"="}]},{"id":"e83615ab-49c4-4552-8a1e-c4c28fc6678e","order":72,"text":"The allowance may be varied or withdrawn by the Employer on reasonable written notice where the circumstances giving rise to it change, provided that any allowance required by the Award, the Enterprise Agreement or the NES continues to be paid in accordance with that instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"86771b33-f341-4cc6-b242-087998157db0","value":"yes","type":"add","operator":"="}]},{"id":"85872c8c-6b69-48af-aebc-13225a72b0af","order":73,"text":"The Employer will reimburse the Employee for all reasonable expenses properly incurred by the Employee in the performance of the Employee's duties, provided the expenses are authorised in advance where required by the Employer's policies and the Employee produces receipts or other evidence reasonably required by the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"86771b33-f341-4cc6-b242-087998157db0","value":"yes","type":"add","operator":"="}]},{"id":"0ba6f13b-46d4-4790-91e5-df6106260dcc","order":74,"text":"The Employer will reimburse the Employee for all reasonable expenses properly incurred by the Employee in the performance of the Employee's duties, provided the expenses are authorised in advance where required by the Employer's policies and the Employee produces receipts or other evidence reasonably required by the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"86771b33-f341-4cc6-b242-087998157db0","value":"yes","type":"remove","operator":"="}]},{"id":"8e74e5d7-238d-43f7-ad32-daf94bc6dec3","order":75,"text":"14. BONUS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","displayConditions":[{"field":"d181b24d-c36e-4f93-84d9-5a9b13079d1a","value":"yes","type":"add","operator":"="}],"sectionNum":"S14"},{"id":"c7acaf47-ceae-4547-a0a3-1fe8fdef54b3","order":76,"text":"The Employee may be eligible to receive a bonus of up to [Maximum bonus], assessed by reference to [Basis of assessment].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"d181b24d-c36e-4f93-84d9-5a9b13079d1a","value":"yes","type":"add","operator":"="}]},{"id":"6eb38456-ca0d-474d-8585-09866c745715","order":77,"text":"Any bonus is entirely discretionary. The Employer is under no obligation to pay a bonus in any period, and the payment of a bonus in one period does not create any entitlement or expectation of a bonus in any subsequent period, nor does it form part of the Employee's base salary for any purpose, including the calculation of termination payments. To be eligible to receive a bonus, the Employee must be employed by the Employer and must not have given or received notice of termination at the date the bonus is paid.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"d181b24d-c36e-4f93-84d9-5a9b13079d1a","value":"yes","type":"add","operator":"="}]},{"id":"2e3fe9a8-1f50-42a5-afac-fbe7f555a82f","order":78,"text":"15. LEAVE","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S15"},{"id":"bffc034f-85c7-4242-93a0-bd370c0e198c","order":79,"text":"The Employee is entitled to leave in accordance with the NES and, where applicable, the Award or the Enterprise Agreement. Leave entitlements of a part-time employee accrue on a pro rata basis by reference to the Employee's ordinary hours of work.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"76e03274-15d5-4671-a432-400bf115a1d8","order":80,"text":"The Employee is entitled to 4 weeks of paid annual leave for each year of service, accruing progressively and accumulating from year to year. Annual leave must be taken at a time agreed between the Parties, and the Employer will not unreasonably refuse a request. The Employer may direct the Employee to take annual leave where the direction is reasonable, including during a shutdown, in accordance with the NES and any applicable instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4a60e94a-fb90-4fc0-bd83-6d70d577c640","order":81,"text":"The Employee is entitled to 10 days of paid personal/carer's leave for each year of service, accruing progressively and accumulating from year to year, and to 2 days of unpaid carer's leave and 2 days of compassionate leave per occasion. The Employee must notify the Employer of any absence as soon as practicable and must provide evidence that would satisfy a reasonable person if requested.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ed535726-fb8a-4677-a767-2bbd3920cce6","order":82,"text":"The Employee is entitled to 10 days of paid family and domestic violence leave in each 12 month period, available in full from the Commencement Date and renewing on each anniversary. The Employer will treat information about any such leave confidentially and will comply with the pay slip requirements applying to that leave.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"69b8d7dd-06f7-4e47-8355-4a76240fd557","order":83,"text":"The Employee is also entitled to unpaid parental leave, community service leave, long service leave under the applicable State or Territory legislation, and paid public holidays, in accordance with the NES and the applicable law. The Employee may be required to work on a public holiday where the request is reasonable, and the Employee may refuse the request if it is unreasonable or the refusal is reasonable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b2258114-e2be-4dd0-ad08-c573f068d9a8","order":84,"text":"16. CONFIDENTIAL INFORMATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S16"},{"id":"9bcd1117-9551-4ab6-884a-61bf4c01e9b3","order":85,"text":""Confidential Information" means all information of or relating to the Employer or any Related Body Corporate, or to the customers, clients, suppliers or employees of any of them, that is not in the public domain, including trade secrets, know-how, financial information, business and marketing plans, pricing, customer and supplier lists and requirements, personal information, systems, processes and any other information which by its nature is confidential.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"82cc7d81-ba62-4c45-ba8f-2f01d33ef840","order":86,"text":"The Employee must not, during the employment or at any time afterwards, use or disclose any Confidential Information except in the proper performance of the Employee's duties, with the prior written consent of the Employer, or where required by law. The Employee must take all reasonable steps to protect Confidential Information from unauthorised use or disclosure.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c99d49fc-b619-4fbe-9e7d-c77a939164ce","order":87,"text":"Nothing in this Contract prevents the Employee from making a disclosure that is protected by law, including a disclosure qualifying for protection under Part 9.4AAA of the Corporations Act 2001 (Cth), a disclosure to the Fair Work Ombudsman, the Fair Work Commission, a work health and safety regulator or a law enforcement agency, or a disclosure required by a court, tribunal or law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fa97a429-8fd0-4b17-a51c-cafc9a077445","order":88,"text":"On the termination of the employment, or on request at any time, the Employee must immediately return to the Employer all property of the Employer in the Employee's possession or control, including documents, records, equipment, keys, passes and devices, and must delete all Confidential Information held on any personal device or account and provide written confirmation of having done so if requested.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a045afec-66ed-4c8c-a1ea-b184d4683c18","order":89,"text":"17. INTELLECTUAL PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S17"},{"id":"90b396e3-3b14-46d7-8cd9-22ae6359fdfe","order":90,"text":"All intellectual property rights in any work, invention, design, software, material or other thing created, made or discovered by the Employee in the course of the employment, or which relates to the business of the Employer, vest in and are the exclusive property of the Employer immediately on creation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"28cf9357-06f6-428b-b59b-fa12fc9e5f15","order":91,"text":"To the extent that any such intellectual property right does not vest in the Employer by operation of law, the Employee assigns that right to the Employer, including in respect of future rights. The Employee must do all things reasonably required by the Employer, both during and after the employment, to give effect to this section and to perfect, register or enforce the Employer's rights, at the Employer's expense.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3347c0e6-4f91-4e80-820a-ed954defab64","order":92,"text":"The Employee consents, to the extent permitted by the Copyright Act 1968 (Cth), to any act or omission by the Employer or any person authorised by it that would otherwise infringe the Employee's moral rights in any such work, including the right of attribution and the right of integrity.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"160aeac3-6130-4cd4-91f8-70c4b18d9f9c","order":93,"text":"18. WORK HEALTH AND SAFETY AND CONDUCT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S18"},{"id":"61c709ae-432d-44a5-a1ae-52fff769879e","order":94,"text":"The Employee must take reasonable care for the Employee's own health and safety and that of others, comply with all reasonable instructions and policies of the Employer relating to work health and safety, and report any hazard, incident or injury to the Employer as soon as practicable, in accordance with the applicable work health and safety legislation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2e1d80d8-602b-4913-9c2c-37d555abb9e1","order":95,"text":"The Employer is committed to a workplace free from discrimination, sexual harassment, harassment on the ground of sex, bullying and victimisation. The Employee must not engage in any such conduct and must comply with the Employer's policies. The Employee acknowledges that a breach of this section may constitute serious misconduct.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"36926db1-ec64-4daf-80ee-81cd8db9abf4","order":96,"text":"19. FITNESS FOR WORK","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S19"},{"id":"04a7fe3d-7a08-43b6-bf0f-280e62cddb49","order":97,"text":"Where the Employer has a reasonable concern, based on the inherent requirements of the position, that the Employee may not be fit to perform the Employee's duties safely, the Employer may direct the Employee to attend an examination by a suitably qualified medical practitioner nominated by the Employer, at the Employer's expense. Any such direction must be reasonable in all the circumstances.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a6f00c5b-9563-4644-974c-c653d092bff0","order":98,"text":"The examination is limited to the Employee's capacity to perform the inherent requirements of the position and any reasonable adjustments that may be required. The Employer is entitled to receive a report addressing those matters only, and the Employee will be provided with a copy. The Employer will handle all health information in accordance with the Privacy Act 1988 (Cth) and will not discriminate against the Employee on the ground of any disability, consistent with its obligations under the applicable anti-discrimination legislation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"91a95d76-0beb-40e6-9a87-959d30fda88d","order":99,"text":"20. WORKPLACE SURVEILLANCE","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S20"},{"id":"39c08bd3-e4d3-42bc-9cc3-47cbef031808","order":100,"text":"The Employer may carry out surveillance of the Employee at work, including camera surveillance, computer surveillance of the Employee's use of the Employer's systems, email and internet, and tracking surveillance of vehicles or other property, in accordance with the applicable workplace surveillance legislation and the Employer's surveillance policy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"76a54e1c-78a1-4466-aec5-151d851f2572","order":101,"text":"The Employee acknowledges that this section, together with the Employer's surveillance policy provided to the Employee, constitutes written notice of that surveillance, given before the Employee starts work. The surveillance is ongoing and continuous unless the Employee is notified otherwise. The Employer will not carry out surveillance in change rooms, toilet facilities or other private areas, and will not carry out covert surveillance except as authorised by law. The Employee should have no expectation of privacy in respect of the Employee's use of the Employer's systems and equipment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9b9b32f7-413c-41ed-a4d9-6389df12289d","order":102,"text":"21. POLICIES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S21"},{"id":"e7bdd7a8-ed82-4578-b0c7-10f3797bbd5e","order":103,"text":"The Employee must comply with the Employer's policies and procedures as amended from time to time. The policies do not form part of this Contract, are not incorporated into it, and do not create any contractual obligation on the Employer. The Employer may introduce, vary or withdraw any policy at its discretion.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0e1237ec-b8e4-40fb-a667-c2dedfd94c46","order":104,"text":"22. OTHER EMPLOYMENT AND CONFLICT OF INTEREST","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S22"},{"id":"7c0ea8c8-029c-450b-a782-1a44650cc8e4","order":105,"text":"The Employee must not, during the employment, engage in any other employment, business or activity that conflicts with the Employer's interests, interferes with the performance of the Employee's duties, or is otherwise inconsistent with the Employee's obligations under this Contract, without the Employer's prior written consent, which will not be unreasonably withheld.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"86ed9ac1-ee1d-41fe-b8ea-b4d3e45ed10a","order":106,"text":"The Employee must disclose to the Employer, as soon as the Employee becomes aware of it, any actual or potential conflict between the Employee's interests and those of the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cea3161e-e057-4585-a54c-391d0694749b","order":107,"text":"23. POST-EMPLOYMENT OBLIGATIONS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S23"},{"id":"a2423764-2848-4a55-aa14-7433490cfa37","order":108,"text":"For the protection of the Employer's legitimate business interests in its confidential information, its customer connections and the stability of its workforce, the Employee must not, for the period of 3 months after the termination of the employment, in [Restraint area]:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c577b3bd-8087-4397-9e75-7a9dc74b4145","value":"non-solicitation only","type":"add","operator":"="},{"field":"c577b3bd-8087-4397-9e75-7a9dc74b4145","value":"non-solicitation and non-competition","type":"add","operator":"="}]},{"id":"a6418135-344c-446c-b6f4-f0909cc82f3e","order":109,"text":"solicit, canvass or entice away from the Employer any person who was a customer or client of the Employer with whom the Employee had material dealings in the 12 months before the termination, for the purpose of providing goods or services competitive with those of the Employer; or solicit or entice away from the Employer any person who was an employee or contractor of the Employer at the termination and with whom the Employee had material dealings, for the purpose of engaging that person in a competing business.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c577b3bd-8087-4397-9e75-7a9dc74b4145","value":"non-solicitation only","type":"add","operator":"="},{"field":"c577b3bd-8087-4397-9e75-7a9dc74b4145","value":"non-solicitation and non-competition","type":"add","operator":"="}]},{"id":"62ab1ae6-8ab2-4d09-a1f9-9acbed0daa57","order":110,"text":"In addition, the Employee must not, for the period and in the area set out above, be engaged, concerned or interested in any business that competes with the business of the Employer in which the Employee was materially involved in the 12 months before termination. This paragraph does not prevent the Employee from holding not more than 5 per cent of the issued securities of a listed company.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c577b3bd-8087-4397-9e75-7a9dc74b4145","value":"non-solicitation and non-competition","type":"add","operator":"="}]},{"id":"93e29ff3-3bec-43cf-8169-c8fcc0ce2e6f","order":111,"text":"This paragraph applies only to the extent that it is permitted by law at the relevant time. The Parties acknowledge that Commonwealth reforms have been announced which, if enacted, would render post-employment non-competition restraints void and unenforceable in respect of employees earning below the high income threshold under the Act. If and to the extent that any such law applies, this paragraph has no effect, and the remainder of this section continues to apply.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c577b3bd-8087-4397-9e75-7a9dc74b4145","value":"non-solicitation and non-competition","type":"add","operator":"="}]},{"id":"88fe1fab-8880-46f0-b8db-2c6ea22457f4","order":112,"text":"Each of the obligations in this section, and each combination of the period and the area, constitutes a separate and independent obligation, severable from the others. If any such combination is held to be unenforceable, that combination is severed and the remaining combinations continue to apply, so that the obligations take effect to the maximum extent that is reasonable and enforceable. The Employee acknowledges that these obligations are reasonable and go no further than is necessary to protect the Employer's legitimate business interests.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c577b3bd-8087-4397-9e75-7a9dc74b4145","value":"non-solicitation only","type":"add","operator":"="},{"field":"c577b3bd-8087-4397-9e75-7a9dc74b4145","value":"non-solicitation and non-competition","type":"add","operator":"="}]},{"id":"7db6a4f6-dd64-4fb7-a87f-b804a3550ea9","order":113,"text":"The Parties acknowledge that no post-employment restraint of trade applies to the Employee. The Employee's obligations in respect of Confidential Information and intellectual property continue after the termination of the employment in accordance with the sections entitled "Confidential Information" and "Intellectual Property".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c577b3bd-8087-4397-9e75-7a9dc74b4145","value":"none","type":"add","operator":"="}]},{"id":"5a2c405d-9983-4654-947a-0b1345d3edc1","order":114,"text":"24. TERMINATION OF EMPLOYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S24"},{"id":"85752d23-f14c-4d8b-8d24-b89dfefcdb23","order":115,"text":"After any probationary period, either Party may terminate the employment by giving the other written notice of 4 weeks, or such greater period as is required by section 117 of the Act having regard to the Employee's period of continuous service and, where applicable, the Employee's age.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0f694522-576b-4c99-9561-b817a70c3231","order":116,"text":"The Employer may, at its election, make a payment in lieu of the whole or any part of the notice period, calculated in accordance with the Act. The Employer may also direct the Employee not to attend work, or to perform other duties, during all or part of the notice period, provided the Employee continues to receive the Employee's full remuneration during that period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"81fe640e-0799-4fc6-8341-337680cc3241","order":117,"text":"The Employer may terminate the employment immediately, without notice or payment in lieu, if the Employee engages in serious misconduct, being conduct that is wilful or deliberate and inconsistent with the continuation of the employment, or conduct that causes serious and imminent risk to the health or safety of a person or to the reputation or viability of the Employer's business. Serious misconduct includes theft, fraud, assault, sexual harassment, intoxication at work, and the refusal to carry out a lawful and reasonable direction.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e41a3b0f-5b4d-4179-b1e8-9166df110efb","order":118,"text":"The Employee's entitlement to redundancy pay, if any, is governed by the NES and, where applicable, the Award or the Enterprise Agreement. Before terminating the employment for reasons related to the Employee's conduct or capacity, the Employer will notify the Employee of the reason and give the Employee an opportunity to respond.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7dc908fb-4aff-43d8-b0b9-c3e276becada","order":119,"text":"On termination, the Employer will pay the Employee all remuneration accrued to the date of termination, together with any accrued but untaken annual leave and any other amount required by law. The obligations in the sections entitled "Confidential Information" and "Intellectual Property" survive the termination of the employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d396941d-8b52-4ea3-a8b0-504539087e9f","order":120,"text":"25. SUSPENSION PENDING INVESTIGATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S25"},{"id":"24dc0043-0e7e-4b9d-8d95-71efb390b234","order":121,"text":"The Employer may suspend the Employee from duty on full pay while it investigates an allegation concerning the Employee's conduct or performance. A suspension under this section is not a disciplinary sanction and does not imply that any allegation has been substantiated.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3945c1f4-e41e-42e2-94f9-1b118ceb7646","order":122,"text":"During a suspension, the Employee remains bound by this Contract, must remain available during ordinary working hours, must not attend the Employer's premises or contact the Employer's customers, clients or employees except as authorised, and must maintain the confidentiality of the investigation so far as is lawful. The Employer will conduct any investigation fairly and without unreasonable delay, will inform the Employee of the substance of the allegations, and will give the Employee a reasonable opportunity to respond before making any decision.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d584a6b7-dd66-43a2-b33f-7373c4aa66f4","order":123,"text":"26. PRIVACY AND PERSONAL INFORMATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S26"},{"id":"a4538ccc-91d6-4264-be3f-fb4b184ab6e5","order":124,"text":"The Employer will collect, hold, use and disclose personal information about the Employee for purposes related to the employment, including payroll, superannuation, performance management and compliance with legal obligations, in accordance with the Privacy Act 1988 (Cth) and the Employer's privacy policy. The Employee consents to the Employer disclosing personal information to third parties for those purposes, including payroll providers, superannuation funds and insurers.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ffc6f250-c332-4609-9253-3ad0176fa21c","order":125,"text":"The Employee must comply with the Employer's privacy and data handling policies and must handle personal information about customers, clients and other employees only for proper business purposes.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ed4d5d52-68ed-4f28-abba-7ef06e1a0780","order":126,"text":"27. DISPUTE RESOLUTION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S27"},{"id":"4ff349e6-6088-4fea-94f3-668d9c10ade3","order":127,"text":"If a dispute arises in relation to this Contract or the employment, the Parties must first attempt to resolve it by discussion at the workplace level between the Employee and the Employee's manager, and if it is not resolved, between the Employee and a more senior representative of the Employer. The Employee may appoint a representative for the purposes of this section.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f9a4219c-27a6-4485-a1cf-eb508e63f541","order":128,"text":"If the dispute is not resolved at the workplace level, either Party may refer it to the Fair Work Commission or to any other body having jurisdiction. Nothing in this section limits the right of either Party to seek urgent injunctive or other interlocutory relief, or affects any dispute resolution procedure in the Award or the Enterprise Agreement, which prevails to the extent of any inconsistency. The Parties must continue to work in accordance with this Contract while a dispute is being resolved.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a71d7e76-a132-4fc7-ba4a-3a6be0b85a2a","order":129,"text":"28. GENERAL","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S28"},{"id":"ddfc9263-536b-48ca-8e98-cb2c73ae4616","order":130,"text":"This Contract constitutes the entire agreement between the Parties in relation to the employment and supersedes all prior agreements, arrangements, representations and understandings, whether written or oral, including any letter of offer. This section does not exclude any entitlement under the NES, the Award, the Enterprise Agreement or any other applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6a2dab07-1925-4a8a-9047-3ca625a635bb","order":131,"text":"This Contract may only be varied by agreement in writing signed by both Parties, except where this Contract expressly provides otherwise. A failure or delay by a Party in exercising a right does not operate as a waiver of that right, and a single or partial exercise does not preclude any further exercise.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1cedd21c-2ece-443d-be09-b103df284808","order":132,"text":"If any provision of this Contract is or becomes void, voidable or unenforceable, that provision is severed to the extent necessary and the remaining provisions continue in full force and effect. The Employee may not assign this Contract. The Employer may assign it to a Related Body Corporate or in connection with a transfer of the Employer's business.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"311ffc79-be0f-4bc2-9d37-06ee690075c5","order":133,"text":"Any notice under this Contract must be in writing and given to the other Party at the address set out at the beginning of this Contract, or to an email address notified by that Party for the purpose, and is taken to have been received when delivered or, in the case of email, when sent, unless the sender receives a delivery failure notification.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ddddcc63-2753-44ff-8b1d-ea596f1e629b","order":134,"text":"This Contract is governed by the law of New South Wales and the Commonwealth of Australia, and the Parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and of the Commonwealth. This Contract may be executed in counterparts and by electronic signature, each of which is taken to be an original.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4a1c2664-1b4c-4c0b-92fe-5b19e1d4c228","order":135,"text":"29. ACKNOWLEDGEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"14","sectionNum":"S29"},{"id":"86d0b585-4a56-4bf9-8280-4fe0cdc03893","order":136,"text":"The Employee acknowledges having read and understood this Contract, having had the opportunity to obtain independent legal advice before signing, and having entered into it freely. The Employee acknowledges having been given a copy of the Fair Work Information Statement as required by the NES.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"7b0be4c3-b220-4a97-a167-f2d5dac76684","order":137,"text":"EXECUTED as an agreement.","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"20","cflou":false,"active":true,"marginTop":"10"},{"id":"07bb049f-cf74-47d3-ace0-6b41fda2503b","order":138,"text":"Date: [Date of signing]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"70a922c3-8a31-4252-858c-1626686a5f40","order":139,"text":"SIGNED for and on behalf of the Employer","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"595fe6f8-aeda-4190-b78b-c6bb743e00f2","order":140,"text":"Signature: ......................................................","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"06ed3ea9-d5c5-4bbb-bd7b-1e92fa041009","order":141,"text":"Name: [Name of person signing for the Employer]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"10c825c1-a383-467f-872e-30bbcbeb8a82","order":142,"text":"Position: [Position held]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"ef11699e-113f-4dba-bf24-b960106fe905","order":143,"text":"SIGNED by the Employee","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"c260765a-cf70-4953-af0a-c035e7098134","order":144,"text":"Signature: ......................................................","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"27156bd0-6aae-45e5-bca6-58f6eddfdd67","order":145,"text":"Name: [Employee full name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d440cd19-5fb2-422c-ae58-eea491f67fe9","order":146,"text":"Date: [Date signed by the Employee]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true}]