Fixed Term Employment AgreementThis Fixed Term Employment Agreement, structured as an offer letter, establishes an employment relationship that lasts for a specific period or until a specific event. This agreed-upon end date can be a calendar date or upon the completion of a specific task or role.
An Employment Agreement is a great way to lay out the terms, expectations, and responsibilities of a new employee.
Fixed term agreements are excluded from unfair dismissal remedies under section 386(2)(a) of the Fair Work Act 2009 (Cth), however, an employer who terminates a fixed term agreement prior to the expiration of the term, for reasons other than, for example, serious breach or accepting a repudiatory breach of the contract by the employee, may be liable for damages for breach of contract.
When the contract provides for notice during the term (ie, other than for serious misconduct), the agreement will be a maximum term contract (ie, not a fixed term contract).
In the case of a maximum term contract, when the employment is terminated by the employer during the term, the employee may be able to seek remedies under the unfair dismissal laws in the Fair Work Act 2009 (Cth). However, when the employment ceases on the agreed end date as set out under the agreement, the employee is unlikely to be eligible to seek relief under unfair dismissal laws because the termination of employment will not be at the initiative of the employer.
If a probation period is included, the contract will be considered to be for a maximum term.
What is the difference between fixed term employment and casual employment?
Fixed term employees are different to casual contracts. Firstly, fixed term employees are either full-time or part-time employees as opposed to casual employees who work irregular hours. Furthermore, besides being employed for a fixed amount of time, these employees have the same rights for work conditions as permanent employees. A fixed term employment agreement is an appropriate solution when hiring someone for a specific amount of time, or to replace someone for a specific period.
Use this Fixed Term Employment Agreement if:
You are hiring a part-time or full-time employee for a specific period of time or until a specific event occurs.
You want to clearly establish an employee’s rights and responsibilities.
What's included in this Fixed Term Employment Agreement:
Role and place of work
Hours of work
Duties and responsibilities
Conflicts of interest
Remuneration and benefits
Use of our property
Privacy in our workplace
Monitoring and surveillance