Employee obligations
Include this to set expectations of your employee to act in the interests of your business and to follow your policies and procedures.
Employee obligations clause
As an employee of our business we expect you to:
- carry out your duties to the best of your ability
- act honestly and in the best interests of the business
- comply with our business policies and procedures, which we will make available to you (but do not form part of this contract)
- comply with any other lawful and reasonable directions we provide.
Conflict of interest
Include this to ensure your employee gets your permission before:
- working for a competing business
- doing activities that could conflict with your business interests.
It's important to note that this clause will only apply while your employee is employed with you.
Conflict of interest clause
While employed with us, you must get our written agreement before working for other employers or doing activities that may conflict with the interests of our business.
Confidentiality
This sets out the requirement for your employee to keep confidential information private.
Confidentiality clause
You agree not to use or disclose confidential information relating to the business. This includes while you are employed by us and after your employment ends.
Confidential information – including trade secrets, pricing structures, documents you create while employed with us, and information on our clients and suppliers – is our property.
There are exceptions if:
- we have given you our consent
- you are using the information appropriately to do your work for us
- the information is already publicly available
- the information is required by law.
Intellectual property
Include this to protect your business's intellectual property (IP).
- Prevent employees from being able to share or use your IP – while working for you and if they leave your business.
- Make sure that anything an employee creates while working for you is owned by your business.
Intellectual property clause
Anything you invent, develop or create in the course of your work with us remains our intellectual property. You must tell us about these works immediately.
This includes:
- designs
- logos
- business and domain names
- copyright
- trade marks
- patents.
You must not use or reproduce any intellectual property owned by us without our consent. This includes after your employment with us ends.
Consultation for workplace changes
You must consult with your employees about major changes to the workplace, their regular roster or ordinary hours of work.
For example, you'd need to consult with them before:
- introducing manufacturing equipment that would change their duties
- moving your workplace to a new location
- changing your staffing structure and who staff report to.
Consultation for workplace changes clause
If we intend to make significant changes in the workplace, we will consult with you and your representatives in accordance with the award. This includes major changes to:
- our business operations, structure or technology that are likely to significantly affect you
- your regular roster or ordinary hours of work – if you work regular hours.
Disputes
Include this to get an overview of the process for resolving disputes in your employment contract. Your award sets out this process.
Disputes clause
If you have any concerns about your employment, talk to us first so we can try to solve the issues together. Your award has a dispute resolution term that sets out this process.
If the dispute remains unresolved, you or we may refer it to the Fair Work Commission. If this happens, you can be represented by another person or organisation.
While the dispute is being resolved, you must continue to work as usual as long as the work complies with any applicable work health and safety legislative requirements.