November 2010

This template assumes the following:
—	the employment is covered by the Western Australian industrial relations system
—	the employment is not covered by an award
—	the employment is not covered by an enterprise agreement or other industrial agreement

Template contract of employment
CEO
Permanent, Part-time Employment

Western Australia

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.

Contract of employment
1	Employment
We offer you employment with us, the ……................................................  Aboriginal Corporation (the corporation). [The corporation to insert the name of the corporation in this clause]
This document will become a contract of employment when both parties have signed it. 
2	Commencement date
Your employment commences on …........................... [The corporation to insert in this clause the commencement date for the employment]  
3	Duties
You are employed as the Chief Executive Officer of the corporation. 
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 six months of your employment.  
This means your period of probation will be completed at the end of ........................ [The corporation to insert in this clause the relevant date] 
During this probation period, we may end your employment with one week’s notice if we decide that your conduct or performance is not satisfactory.
5	Conditions of your employment
5.1		Introduction
Your conditions of employment are covered by: 
–	this contract
–	the Minimum Conditions of Employment Act 1993 (WA) (the MCE Act)
–	certain Acts, including the Long Service Leave Act 1958 (WA).
This clause 5 sets out in full the conditions of your employment that are covered by this contract.
To help you understand other conditions of your employment, we have set out in Attachment 2 a summary of certain conditions of your employment that are covered by the MCE Act. 
You should not rely on our summary of the MCE Act. 
To learn more about your conditions of employment under the MCE Act, you can find a useful summary of the Act by going to: http://www.commerce.wa.gov.au/LabourRelations/PDF/Publications/index.htm
and 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 remuneration
You will be paid fortnightly based on a salary of ..................... per year. [The corporation to insert into this clause the actual annual rate of pay, based on the hours the employee is to be working]
You will also be entitled to use the CEO house and a corporation motor vehicle while you are working in the position of CEO. [The corporation may wish to omit this sentence, depending on the conditions it is offering]
Your remuneration includes compensation for all of the hours that you work for us.
We will pay employer superannuation contributions into the superannuation fund that you nominate, as provided for by Commonwealth legislation. These contributions are currently set at nine per cent of your salary.
5.3		The basis of your employment
You are employed as a part-time employee on a permanent basis.
5.4		Ordinary hours of work
Your ordinary hours of work will be ................. hours a week. We may require you to work reasonable additional hours. 
Your pattern of work will be .............................. [The corporation must set out in this sentence the pattern of work – the ordinary hours of work for the employee, including start and finish times and any meal break period for each work day]
We may only change your pattern of work by making an agreement in writing with you.
You will keep a timesheet setting out the hours you have worked.
5.5		Annual leave
You will accumulate .................  weeks of paid annual leave per year, on a progressive basis. [The corporation may wish to provide a lower amount of annual leave than this – down to a minimum amount of four weeks per year – or a higher amount]
After you have completed 12 months of service with us, you may make an agreement with us, in writing, to cash out up to 50 per cent of the paid annual leave you accrued in that 12 months.
We may reasonably require you to take a period of paid annual leave.
We may do this, for example, where you have accumulated too many paid annual leave credits, or where we shut down our business between Christmas and New Year.
5.6		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.
5.7		Termination of employment
We may end your employment on the grounds of: 
—	physical or mental incapacity
—	unsatisfactory performance
—	redundancy
—	serious misconduct or
—	your conviction for a criminal offence punishable by imprisonment for 12 months or more.
If we end your employment after the end of your probation period, we will give you one month’s notice, or pay in lieu of notice. If you have worked for us for two years or more, and are over the age of 45 years at the time we end your employment, we will give you five weeks’ notice, or pay in lieu. 
If we end your employment because of serious misconduct, we will not give you notice or pay in lieu of notice.
You may resign from your employment without providing any reason but you must give us one month’s notice. 
5.8		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.
5.9		Medical examination and health information
You must attend a medical examination at any time (including before you start work with us) if we require you to do this. 
The examination is for the purpose of us deciding whether you are able to do the job or to keep doing the job. We will pay for the medical examination. You will get a copy of any medical report of the examination, and so will we. 
You must tell us about any injury or illness you have which may mean that you are not fully able to do your job or are not able to do your job safely.
5.10		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 o us.
5.11		Complying with our policies
You agree to comply with all 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 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)