This template assumes the following:
—	the employment is covered by the Western Australian industrial relations system
—	the employment is covered by 
–	the Clerks’ (Wholesale & Retail Establishments) Award  (WA)  or
–	the Clerks (Commercial, Social and Professional Services) Award (WA)
—	the employment is not covered by an enterprise agreement or other industrial agreement.

This document has been prepared solely for the use of not-for-profit corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act). Its application in any particular case will depend upon the facts of that case. In every case, due care will need to be taken by a corporation registered under the CATSI Act in assessing the suitability of its application. The Australian Government Solicitor and ORIC cannot take any responsibility for this assessment.
This document may only be reproduced or distributed for use in the drafting of a contract for a not-for-profit corporation registered under the CATSI Act. All other rights are reserved.

Template contract of employment
Business manager / Bookkeeper / Administrative assistant
Permanent, Part-time Employment

Western Australia

November 2010

Contract of employment
1	Employment
We offer you employment with us, the ……................................................  Aboriginal Corporation (the corporation). [The corporation to insert its name into this clause]
This document will become a contract of employment when both parties have signed this document.
2	Commencement date
Your employment commences on …...........................  [The corporation to insert the employee’s commencement date]  
3	Duties
Your duties are set out in the job description at Attachment 1. 
We may change the duties set out in the job description from time to time.
4	Probation
You will be on probation for the first three months of your employment.  
This means your probation period will be completed at the end of .......................... [The corporation to insert the relevant date] 
During this probation period, we may end your employment with one week’s notice if we decide that your conduct or your work performance is not satisfactory.
5	Conditions of your employment
5.1	Introduction
Your conditions of employment are covered by 
–	this contract
–	the …………………………. (the Award) [The corporation must check to see which Award applies to the employee and insert the name of the award] 
–	the Minimum Conditions of Employment Act 1993 (WA) (MCE Act)
–	certain Acts, including the Long Service Leave Act 1958 (WA).
Clause 5 sets out the conditions of your employment that are covered by this contract.
To help you understand other conditions that apply to your employment, we have set out at Attachment 2 a summary of certain conditions of your employment that are covered by the Award and by the MCE Act.
But you should not rely on our summary of the Award and the MCE Act – we have provided the summary only as a guide. 
To learn more about your conditions of employment under the Award, you can find the Award at: http://www.wairc.wa.gov.au/Pages/AwardsAgreements/AwardsAgreements.aspx
To learn more about your conditions of employment under the MCE Act, you can find a useful summary of the Act at: http://www.commerce.wa.gov.au/LabourRelations/PDF/Publications/index.htm
You can find the full text of the MCE Act by going to:  http://www.slp.wa.gov.au/legislation/statutes.nsf/main_actsif_m.html
5.2		Your classification and your rate of pay
You are employed at the classification of ………………………………………... [The corporation will need to determine the classification at which the employee is working, based on the standards set by the Award]. 
You will be paid on a pro-rata basis at the rate that applies to the [first] point of classification ………………………. under the Award, which is currently $................... per week. [The corporation to insert into this sentence the classification point, the classification you inserted into the first sentence of this clause, and the relevant weekly rate of pay from the Award
[Alternatively, the corporation may specify a higher rate than provided for by the Award, but the corporation will need to make sure the rate does not fall below the Award rate as time passes. This can be taken care of by including a pay review clause.] 
5.3		The basis of your employment
You are employed as a part-time employee on a permanent basis.
Your ordinary hours of duty are …………. hours per week. [The corporation to fill in the number of hours, which must be less than 38 hours if the Clerks’ (Wholesale & Retail Establishments) Award applies, or must be 32 hours or less if the Clerks (Commercial, Social and Professional Services) Award applies]
5.4		Outside employment
While you are employed by us you must not do paid or unpaid work for anyone else, unless we have given you our agreement in writing.
5.5		Termination of employment
We may end your employment on the grounds of: 
—	physical or mental incapacity
—	unsatisfactory performance
—	redundancy
—	serious misconduct
—	your conviction for a criminal offence punishable by imprisonment for 12 months or more.
If we end your employment, we will give you the period of notice required by the Fair Work Act.
You may resign without providing any reason. You must give us at least one week’s notice of resignation.
5.6		Confidentiality
You agree that you will not, unless it is part of your duties to do so, or unless you are required by law to do so, release any of our confidential information to anyone.
5.7		Intellectual property
You agree that all intellectual property rights in the products of all of the work you do for us will be owned solely by us.
You assign all present and future intellectual property rights in the products of that work to us.
5.8		The corporation's policies
You agree to comply with all of the corporation's policies that apply to you.
We may change those policies from time to time. 
6		Governing law
This contract is governed by the law in force in Western Australia.
7		Entire agreement
This document sets out the entire agreement between us in relation to your employment, apart from contractual terms that are implied by law.

The COMMON SEAL of the ………………………………………. Corporation is duly affixed by authority of the Board 
in the presence of  ………………………… [OR] …………………………
Signed on behalf of the ………………………………………………….. Corporation by  
[The corporation to insert its name and to omit from this page whichever one of these introductions does not apply]

…………………………………….				…………………………………….
(signature of authorised person)				(signature of authorised person)

…………………………………….				……………………………………..
(insert name of authorised person)				(insert name of authorised person)

…………………………………….				……………………………………...
Signed by (insert name of employee)			(signature of employee)		
											
in the presence of	
					
……………………………………				
(signature of witness)

…………………………………… 				Dated ……………………………

10_0051

(insert name of witness)