Employment Law - Employers - Contracts, Policies & Forms

By implementing employment agreements, policies and forms in your business you can effectively manage your business’s most important asset - your people.

The moment an applicant unconditionally accepts your offer of a job, a contract of employment comes into existence. Irrespective of the application of any relevant Industrial Instrument (such as an Award) every employment relationship is based on a common law contract of employment between the employer and each individual employee.

It is a common misconception that ‘contracts’ must be in writing. The terms of the contract can be oral, written, implied or a mixture of all three. But where a contract is not written the difficulty is in proving what you say was said or whether an implied term applies.

Commonly employers engage employees without a detailed written contract. Hence the employment relationship is based on the verbal exchanges between the parties prior to the commencement of the relationship and terms implied by law and by fact. This can lead to much confusion and uncertainty between the parties as to the terms and conditions of employment.

The Fair Work Act imposes a number of obligations on all employers, with significant fines imposed for breaches. It is critical in protecting your business that your employment agreements comply with workplace legislation.

Policies and forms are an essential part of modern business systems. They are the key to implementing business goals and an effective way to manage your obligations as an employer.

Signed, dated forms also provide proof:
• that an employee was aware of a certain policy;
• of agreements that were made;
• of leave that was taken;
• that training occurred; and,
• for evidence in court.