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Fixed Term Contract Parental Leave Template for Australia

This document is an Australian fixed-term employment contract specifically designed for temporary positions covering parental leave absences. It complies with Australian employment law, including the Fair Work Act 2009 and relevant state legislation, and sets out the terms and conditions of temporary employment for a defined period. The contract includes essential provisions such as employment duration, role responsibilities, remuneration, leave entitlements, and termination conditions, while specifically addressing the temporary nature of the role and its connection to covering a permanent employee's parental leave period.

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What is a Fixed Term Contract Parental Leave?

A Fixed Term Contract Parental Leave agreement is essential for organizations needing to maintain business continuity while permanent employees take parental leave. This document is used throughout Australia to establish clear temporary employment arrangements that comply with federal and state employment laws. It provides comprehensive coverage of employment terms including specific start and end dates, role responsibilities, remuneration, and conditions aligned with the temporary nature of the position. The contract ensures both employer and employee understand the fixed-term nature of the arrangement and helps maintain compliance with Australian workplace laws, including the Fair Work Act 2009 and associated regulations. It's particularly important for protecting both parties' interests and ensuring clear communication about the temporary nature of the role and its connection to the permanent employee's parental leave period.

What sections should be included in a Fixed Term Contract Parental Leave?

1. Parties: Identifies the employer and employee, including their full legal names and addresses

2. Background: Explains the context of the fixed-term contract, including reference to the permanent employee taking parental leave

3. Definitions: Defines key terms used throughout the contract

4. Term of Employment: Specifies the fixed-term period, start date, end date, and any potential for extension or early termination

5. Role and Duties: Details the position title, key responsibilities, and reporting relationships

6. Location and Hours: Specifies the primary work location and standard working hours

7. Remuneration: Details salary, superannuation, and any additional benefits

8. Leave Entitlements: Outlines pro-rata leave entitlements for the fixed term period

9. Confidentiality: Defines confidential information and obligations to maintain confidentiality

10. Intellectual Property: Addresses ownership and rights regarding work created during employment

11. Termination: Details circumstances for early termination and notice requirements

12. Return of Property: Obligations regarding company property upon contract end

13. Governing Law: Specifies that Australian law governs the agreement

14. Entire Agreement: Confirms the contract represents the complete agreement between parties

What sections are optional to include in a Fixed Term Contract Parental Leave?

1. Probation Period: Include if a probation period applies to the fixed-term role

2. Flexibility Arrangements: Include if specific flexible working arrangements are agreed

3. Performance Reviews: Include if formal performance reviews will be conducted during the fixed term

4. Bonus Eligibility: Include if the role includes eligibility for performance or other bonuses

5. Training Requirements: Include if specific training or certifications are required

6. Handover Provisions: Include if specific handover requirements apply at the start or end of the term

7. Extension Options: Include if there are specific provisions for extending the contract

8. Post-Employment Restrictions: Include if any restrictions apply after the contract ends

What schedules should be included in a Fixed Term Contract Parental Leave?

1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and key performance indicators

2. Schedule 2 - Remuneration Details: Breakdown of salary package, including allowances and benefits

3. Schedule 3 - Company Policies: List of applicable company policies the employee must comply with

4. Appendix A - Handover Plan: Template or outline for handover activities at the start and end of the contract

5. Appendix B - Confidential Information: Specific details of confidential information and intellectual property relevant to the role

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Maternity Policy

Sector

Cost

Free to use

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