Common Law Contract of Employment in Australia

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A common law contract of employment is an agreement between an employer and an employee that outlines the terms and conditions of their working arrangement. Unlike awards or enterprise agreements, common law contracts are individual agreements that are tailored to the specific needs of the employer and employee.

In Australia, common law contracts of employment are governed by the common law and the Fair Work Act 2009. Employers are required to comply with certain minimum standards set out in the Act, including provisions for minimum wages, leave entitlements, and maximum working hours.

However, common law contracts can also include additional terms and conditions that go beyond the minimum standards. These terms can include details on job responsibilities, probation periods, notice periods, and the duration of the employment agreement.

It`s important to note that common law contracts must also adhere to anti-discrimination laws and other employment-related legislation. Employers cannot discriminate against employees based on their age, race, gender, disability, or other protected attributes.

In addition, common law contracts may also include clauses related to confidentiality, intellectual property, and non-compete agreements. Employers can use these clauses to protect their business interests and prevent employees from sharing confidential information or working for competitors.

Overall, common law contracts of employment provide a flexible and customizable option for employers and employees to negotiate their working arrangements. While the minimum standards set out in the Fair Work Act 2009 must be adhered to, common law contracts can also include additional terms and conditions tailored to the specific needs of the parties involved.