WHY DO YOU NEED AN EMPLOYMENT AGREEMENT?
Now that you have finally found the right person for the job you need to secure their services and know where you stand (and where they stand with you). The only way to ensure this is to prepare and offer the employee an employment agreement.
There are many reasons why an employment agreement with all your employees is fundamental to the success of every business. As they say, "It's the people who make a business".
Keeping up to date with employee entitlements
Just like the IT Industry, employment and industrial law is ever changing. Extensive and considerable changes to employment and industrial law have occurred in the past 3 years, most recently since 1 July 2009 and 1 January 2010 with the introduction of the Fair Work Act 2009 (Cth) ('the Act') which has repealed the former Workplace Relations Act 1999 (Cth).
What are your employees entitled to?
One of the main changes which commenced on 1 January 2010 was the introduction of over one hundred (100) Federal modern awards which replaced thousands of Federal and State-based awards. These Federal modern awards set out the minimum terms and conditions of employment for particular industries and occupations. The Professional Employees Award 2010 ('the PE Award') now applies in place of the Information Technology Industry (Professional Employees) Award ('the IT Award') for most business participating in the IT industry. The PE Award applies to employers throughout Australia principally engaged in the information technology industry, the quality auditing industry, telecommunications industry and their employees who are covered by the classifications in the PE Award.
From 1 January 2010, employers and employees in the national workplace system have been covered by the Ten (10) National Employment Standards ('the NES'). The NES cannot be displaced. A Federal modern award operates in conjunction with the NES to provide the minimum terms and conditions of employment for employees covered by the Act.
The NES are;
1. Maximum weekly hours;
2. Request for flexible working relationships;
3. Parental leave and related entitlements;