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HR RESOURCE SHEET - THE EMPLOYMENT CONTRACT, CANTEENS

All employees have an employment contract, even if there is no formal written agreement.
In law, there are a number of different types of documents and unwritten arrangements
which become part of a contract of employment. These could include:
Letter of appointment
Job description
Individual employment contract
Relevant award or enterprise agreement and ational !mployment "tandards
#or$place policies and procedures
%ustom and practice at a particular wor$place
&ral'verbal arrangements between an employer and employee
The individual employment contract is an important piece of legal documentation which
spells out what is being offered to the employee in e(change for his or her services. It may
repeat some of the information included in the letter of appointment and refers to the )ob
description, award or agreement, ational !mployment "tandards and certain policies of the
employer. It does not have to be complicated, but it should be specific and understandable
to both parties. &nce it is signed and dated by both the employer and the employee, it is
legally binding *unless signed under duress, when the contract may be deemed to be void+.
The following sample shows the types of information included in a contract of employment.
The actual content will vary from %anteen service to %anteen service and from )ob to )ob.
The headings are in blac$ and prompts regarding what to include under the headings are in
blue font. The contract should be written on the letterhead of the operator.
SAMPLE CONTRACT OF EMPLOYMENT
Insert employer / employing body name here
Date
Insert date the offer is made (when contract form is given to the employee)
Name of employee
Insert employees name here
Position
It is important to understand the distinction between Job Title (what the job is called in your
workplace) and Job lassification (the relevant title and level in the !ward / !greement")
#or e$ample% you may choose to refer to your staff member as a anteen &anager although
the lassification in the !ward is for a #ast #ood 'mployee (evel )" In this case you would
fill in this section of the contract as* anteen &anager
If you do not refer to the position by any special name apart from the classification in the
!ward or enterprise agreement% you would fill in this section of the contract as per the
classification* #ast #ood 'mployee (evel )
Aa!" an" Classifi#ation
learly state the !ward% position title% and level of employment offered" #or e$ample:
#ast #ood Industry !ward +,-,% #ast #ood 'mployee (evel )"
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Commen#ement "ate
Insert the date the employment will start or started" If this contract replaces an e$isting
contract it is important to also state the original commencement date of service"
Te!m of Employment
.ill the employment be ongoing or will it be for a fi$ed term% with a start and end date/ !
fi$ed term contract is a contract for a set period of time% perhaps to replace another
employee who is on e$tended leave" In this case the new employee is being hired as a
replacement employee for a specific period% or fi$ed term" 0ou will need to stipulate the start
date and end date for the term of employment and state the number of weeks / months
involved" If the employment has an end date it is essential to meet with the employee prior
to that date and clarify that the position is ending or offer a new or continuing contract"
If the contract has no specified end date% it is ongoing" 1egotiations are re2uired for a
particular reason to end the employment unless the employee decides to leave"
13* If this contract relates to the replacement of an employee on parenting leave% the
contract would include a reference to the 1ational 'mployment 4tandards showing that the
person being replaced has an entitlement to return during the -+ month period and therefore
the contract would be up to -+ months duration% subject to the employees return date"
Responsi$ilities%"&ties
!ttach a copy of the Job 5escription to the ontract of 'mployment" 4eparating the
ontract from the responsibilities/duties via a Job 5escription provides greater fle$ibility
later" The Job 5escription can form part of the professional development/appraisal review
process% while the contract is used for other purposes"
Nat&!e of employment:
It is important to clarify whether a position isfull time% part time or casual" 6art )% lauses
-,% --% -+ 7 -) the #ast #ood Industry !ward +,-, provides definitions for each of these
employment types and should be referred to when advertising for and employing staff"
If an employee or the operator cannot make a commitment to the definitions in clauses -+"-
and -+"+ then the employee is casual" #or e$ample the operator may wish to close the
canteen on e$cursion days when a significant number of students are not at the school"
!lso refer to 4chedule 3 of the #ast #ood Industry !ward +,-, to review the relevant
classification level% indicative duties and progression"
Pla#e of o!'
The address of where the employee will work"
Time of (o!'
.hat are the employee8s normal hours of work going to be and will hours vary over a -% + or
9 week roster or remain the same each week/ 6rovide the days and hours of employment%
the starting and finishing times% the lunch and rest breaks and applicable roster change
details" !ny changes to hours e"g" overtime% must be negotiated and approved in advance
in writing by the employer or delegate"
Employee Rem&ne!ation
The current hourly rate for this position is ,...
If this is a casual position add
which includes casual loading of -. to compensate for non/entitlement to annual leave,
sic$ leave or public holiday pay.
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0ou should also stipulate how and when the employee will be paid" #or e$ample*
6ayment shall be by fortnightly by electronic transfer into your nominated bank account%
commencing (date of first pay for full time or part time employee)
:r for a casual employee
6ayment shall be by electronic transfer into your nominated bank account
.ill the employee receive any other benefits such as above award payments/ If so% state
what these are% and if and when they will be reviewed"
Reim$&!sement of e)penses
It is important that you consider what e$penses your employees are likely to incur in your
employment and ensure that your contract covers the reimbursement of those e$penses" It
is normal practice for employees to be reimbursed all e$penses incurred by them while
carrying out the business of the employer"
heck lause -; of the #ast #ood Industry !ward +,-, for a list of allowances to which your
employee may be entitled" It is not necessary to list all these allowances in the contract% but
you should identify any which will apply to this employee"
S&pe!ann&ation
:ccupational superannuation under the 4uperannuation <uarantee is payable to all staff
(currently ;=)" If you intend to provide superannuation payments beyond the re2uired
minimum% state the relevant details here"
Lea*e Entitlements
(eave entitlements% including annual leave% annual leave loading% long service leave%
personal leave% compassionate leave% parental leave and community service leave can be
sourced from with the 1ational 'mployment 4tandards and the relevant !ward and 4tate
(ong 4ervice (eave !ct" If the contract is for a full time or part time position% you may
simply refer to the appropriate document"
#or e$ample* (eave entitlements% including annual leave% annual leave loading% long service
leave% personal leave% compassionate leave% parental leave and community service leave
will be granted in accordance with the 1ational 'mployment 4tandards% the 4tate (ong
4ervice (eave !ct -;>? and hildrens 4ervices !ward +,-,"
1ote also that effective - January% +,--% a <overnment paid parental leave entitlement
scheme will provide all eligible working parents with -> weeks payment at the #ederal
&inimum .age"
If your service has particular re2uirements regarding applying for leave% provision of medical
certificates etc" these may be advised here or you may choose to refer the employee to the
relevant policy document"
Close-"on
This is where you should identify that the service will be closed during the school holidays
and student free and school closure days" asual employees should be advised they will not
be re2uired to work during school holidays and student free and school closure days"
Confi"ential info!mation
This clause puts an e$plicit obligation on the employee not to disclose confidential
information of the employer and states that the confidential information belongs to the
employer"
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#or e$ample* 0ou will be re2uired to maintain strict and professional confidentiality
regarding all information gained through the course of your employment with (name of
service)" This re2uirement applies to written% verbal and all forms of internet and social
networking communication% both during your term of employment and after your employment
ceases in this position"
Complian#e it+ poli#ies , p!o#e"&!es
0ou will be re2uired to comply with service policies which may change from time to time" It
will be your responsibility to ensure that you are aware of the services policies% but if you
are in doubt regarding a policy you should consult with your line manager" @efer to policies
and procedures manual or state particular policies relevant to your service" #or e$ample*
contract subject to satisfactory criminal history screening prior to commencement and every
three years thereafter% duty of care% :ccupational Aealth and 4afety re2uirements% use of
internet and social networking sites"
13* riminal history screening is re2uired for current employees and new employees prior to
their engagement and for contract employees before they enter into a new contract of
employment"
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1ew and renewed contracts should include a condition that re2uires the employee to agree
to undergo a criminal history screening check when re2uired by the employer or at least
every three years"
Te!mination of Employment
1otice the employer and the employee must give before terminating employment (4ee the
1ational 'mployment 4tandards)
Dele-ation
Identify specific delegations that sit with the position" #or e$ample% limit of financial
e$penditure
Disp&te !esol&tion
.here possible% disputes should be resolved at the local level by consultation and
negotiation between the parties and in line with the services grievance procedures" If the
dispute is about a matter arising under the award or in relation to the 1'4 and is unable to
be resolved at the workplace% and all appropriate steps outlined in the award have been
taken% a party to the dispute may refer the dispute to #air .ork !ustralia"
0ou agree that (the employer) may collect and retain personal information regarding any
aspect of your employment directly from yourself or a third party" Bnder the 6rivacy !ct
-;>> (th) you may have rights and obligations and in particular right of access to% and
correction of% personal information (e$cept insofar as it relates to any e$ception provided by
the !ct)"
Si-nin- "etails
This offer is made by me *name+ as the authorised representative of *name of employer '
employing organisation+.
"igned00000000000000000000000000000000000000000000
1ate0000000000000000000000000000000000000000000000
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A##eptan#e
I accept the offer of employment and agree to the terms and conditions as stated in this
contract.
"igned00000000000000000000000000000000000000000000
1ate0000000000000000000000000000000000000000000000
5isclaimer
The 5epartment of 'ducation and hildrens 4ervices have undertaken all reasonable
measures to ensure that the information in this @esource 4heet is accurate and specifically
disclaims any liability% loss or risk% personal or otherwise% which is incurred as a
conse2uence% directly or indirectly of the use and application of any of the contents"
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