Bug #5534 » employment_contract.docx
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Dear Click or tap here to enter text.
Offer of employment
I am pleased to offer you employment with Darul Ulum College of Victoria
as a Click or tap here to enter text. on the terms included in this
letter.
The attachments to this letter provide information about the position,
remuneration, general requirements and the conditions of employment.
Please read the attachments carefully. Any questions may be directed to
me.
If you wish to accept this offer of employment on the terms set out in
this letter and its attachments, then please sign the note of acceptance
below and return the attached copy of this letter, together with a
signed copy of Attachment 6 to the HR office. Please retain a copy of
each document for your own records.
Yours sincerely,
Abdurrahman Gokler
Principal
Attachments:
-
Employment entitlements
-
Position details
-
Remuneration
-
General employment requirements
-
WorkCover Information Declaration Form
-
Fair Work Information Statement
-
CONFIRMATION OF RIGHT TO WORK IN AUSTRALIA
-
Attendance roster
Acceptance
I, Click or tap here to enter text. confirm that I have had an
opportunity to consider the terms of this offer of employment. I accept
the offer of employment.
Signature: ………………………………………………………………………………………………. Date: ……………………….……
ATTACHMENT 1
EMPLOYMENT ENTITLEMENTS
The Educational Services (General Staff) Award 2020 (the Award) and
the National Employment Standards (NES) apply to your employment. The
entitlements under the Award and the NES are not incorporated into your
contract of employment
NES
The NES are specified in Part 2-2 (ss.59 - 131) of the Fair Work Act
2009 (Cth.). In summary, the NES specify the minimum standards in
relation to:
-
maximum weekly hours of work (ss.62-4)
-
the right to request flexible working arrangements (ss.65-6)
-
parental leave and related entitlements (ss. 67-85)
-
annual leave (ss.86-94)
-
personal / carer's leave and compassionate leave (ss. 95-107)
-
community service leave (ss.108-112)
-
long service leave (ss.113-113A)
-
public holidays (ss.114-116)
-
notice of termination and redundancy pay (ss.117-123)
-
a 'Fair Work Information Statement' for all employees that makes
clear their rights and entitlements under the new system and how to
get advice and help (ss.124-5)
The NES may be accessed from www.fwa.gov.au
Award
The Award specifies, inter alia, the following entitlements:
1. classifications and minimum wages
2. type of employment, such as full‑time employment, casual employment,
regular part-time employment and shift work, and the facilitation of
flexible working arrangements, particularly for employees with family
responsibilities
3. arrangements for when work is performed, including hours of work,
rostering, notice periods, rest breaks and variations to working hours
4. overtime rates
5. penalty rates
6. allowances
7. annual leave, annual leave loading and arrangements for taking leave
8. superannuation
9. procedures for award flexibility, consultation regarding major
workplace change and dispute resolution
The Award may be accessed from Principal’s office.
NES and Award
The Award may provide an entitlement not provided by the NES or may vary
an entitlement provided by the NES. The Award applies where the
entitlement is different from the NES. Together, the NES and the Award
provide the minimum conditions of employment
In summary, in relation to leave, the School will grant leave –
including annual leave, long service leave, personal leave /carer’s
leave, compassionate leave, parental leave and other leave – as relevant
to the employee’s contract of employment, in accordance with the Award
and legislation in place from time to time.
ATTACHMENT 2
POSITION DETAILS
Period of employment
Employment will commence on the Click or tap here to enter text..
Continuing employment is subject to performance and conduct being
satisfactory during the minimum employment period, defined as six months
by the Fair Work Act 2009 (Cth.). Performance and conduct management
processes do not apply during the minimum employment period. Employment
may be terminated by you or the school during or at the end of the
minimum employment period.
Employment is subject to the Termination of Employment provisions of the
Award.
Employment fraction
This is a Click or tap here to enter text. position with a Click or tap
here to enter text. time-fraction.
Duties
Your position is classified as Click or tap here to enter text..
For detailed information on duties please refer to School Principal.
Your duties may however be varied by the School from time to time in
accordance with the School’s operational requirements.
Location
Upon commencement, you will be employed at Click or tap here to enter
text.. However, please note that in the future you may be required to
perform part or all of your work at other locations.
Termination of employment
In accordance with the National Employment Standards, termination or
resignation requires the provision of notice based on the following
scale:
| Period | ||
|---|---|---|
| Employee’s period of continuous service with the employer at the end of the day the notice is given | Period | |
| 1 | Not more than 1 year | 2 weeks |
| 2 | More than 1 year but not more than 3 years | 2 weeks |
| 3 | More than 3 years but not more than 5 years | 3 weeks |
| 4 | More than 5 years | 4 weeks |
Should you be over 45 years old and have completed at least two years’
continuous service, the School will provide an additional week’s notice.
In the event that you do not provide the required period of notice, the
School is entitled to withhold from any monies owing to you an amount
equal to the remuneration that you would have earned for the number of
weeks or days of the notice period that you did not work.
The School may elect to provide payment in lieu for all or part of the
notice period.
Notice or payment in lieu of notice will not be given where employment
is terminated for serious misconduct.
**
ATTACHMENT 3
REMUNERATION
Salary
Upon commencement your base salary will be Click or tap here to enter
text.. According to your time fraction the annual salary will be Click
or tap here to enter text..This rate of pay has been determined in
accordance with information you have provided concerning your
qualifications and experience.
Payment arrangements
Your salary will be paid by direct transfer to your nominated financial
institution account on a fortnightly basis.
Remuneration Packaging
Upon receiving a written election for a remuneration packaging
arrangement from you and provided there is no additional cost to the
School, the School is prepared, to offer you the opportunity to receive
part of your remuneration in the form of non-cash benefits in line with
School policy, legislation and Australian Taxation Office rulings until
otherwise advised.
Any arrangement between the School and yourself in relation to
remuneration packaging will be entered into by way of a subsidiary
agreement varying your conditions of employment.
Superannuation
An employer superannuation contribution of 12 per cent of ordinary
time earnings will be made to a complying superannuation fund of your
choice provided the School is not required to become a participating
employer. Should you not nominate a complying superannuation fund for
this purpose, the contribution will be made to Aware Super, in
accordance with clause 18.4 of the Award.
ATTACHMENT 4
GENERAL EMPLOYMENT REQUIREMENTS
Working with Children Check
The Victorian Government has legislated that persons who work with
children must undergo checks on their criminal records. Persons who have
a conviction for a relevant criminal offence (sex, drug and violent
offences) will be prohibited from working with children.
This offer of employment is conditional upon you supplying a copy of the
documentation verifying your Working With Children Check (WWCC) or,
where appropriate, documentation verifying that you have permission to
work with children.
The school is not bound by an acceptance of this offer of employment
until you provide evidence that you have undergone the required process
for WWCC. Should evidence of your current WWCC not be received by us or
a revised date as determined by the School, the School reserves the
right to withdraw this offer of employment.
Your employment is also conditional upon the renewal of the WWCC. In the
event that authorization is not maintained, then the school reserves the
right to terminate your employment without notice.
School policies
The school has formulated a series of policies, procedures and
guidelines related to various aspects of the School’s operation.
Although policies, procedures and guidelines are not incorporated into
your contract of employment, you are expected to be sufficiently
familiar with and to diligently comply with these requirements as varied
from time to time.
Intellectual property
You, unless otherwise agreed by the School in advance and in writing:
(a) assign to the School all future rights (other than moral rights)
to intellectual property throughout the world (including copyright) in
all inventions, models, designs, drawings, plans, software, reports,
proposals and other materials created or generated by you (whether alone
or with the School, its other employees or contractors) for use by the
School;
(b) acknowledge that by virtue of this provision all such future
rights will vest in the School.
You must do all things reasonably requested by the School to enable the
School to assure further the rights assigned above.
Confidentiality
You, in the course of your employment, will have access to Confidential
Information about the School and about its students, parents and
employees.
Confidential Information includes information about the affairs,
processes, dealings, finances, organisation and personnel, including
students, parents and employees, of the School.
Confidential Information may be used solely for the purpose of
performing the employee’s duties with the School. You may only disclose
Confidential Information:
- to persons who are aware and agree that the Confidential Information
must be kept confidential or to persons who have signed a
Confidentiality agreement, as required by the School from time to
time, and either:
-
have a need to know (and only to the extent that each has a need to
know); or -
have been approved by the School, as relevant; or
-
that is required by law to be disclosed.
This and similar confidential information is not to be imparted
deliberately or carelessly to any person at any time who is not
authorised by the School Principal to receive it. This obligation
continues both during and after your employment with the School.
Where you are in possession of documents, software or notebooks
containing confidential information or material, you are responsible for
the security of these items at all times.
A breach of these conditions whilst employed with the School may be
grounds for summary termination of employment. If disclosure in breach
of these conditions should be made after employment with the School
ceases, then the School may apply for an injunction to restrain the
breach in addition to claiming damages for losses suffered.
You must immediately notify the Principal of any suspected or actual
unauthorised use, copying or disclosure of Confidential Information.
You must provide assistance reasonably requested by the School in
relation to any proceedings that the School may take against any person
for unauthorised use, copying or disclosure of Confidential Information.
Ethos
You must support the Darul Ulum College of Victoria guidelines and
conduct yourself in a way which is consistent with the ethos of Darul
Ulum College of Victoria. You must also implement the programs, teaching
practices and other activities as decided by the School.
Employee Obligations
As an employee of the school, you must:
-
devote the whole of your time during your hours of work for the School
to your duties to the School, -
serve the School faithfully and diligently to the best of your
ability, -
act in the School’s best interests,
-
support the School and conduct yourself in a way which is consistent
with the ethos of the School, -
comply with all directions of the School,
-
comply with all law applicable to your position and the duties
assigned to you, -
where requested agree to any reasonable request to be examined by a
medical practitioner nominated by the School who will provide a report
to the School, and -
not engage in any other employment or business without the prior
approval of the Principal. Approval will not be unreasonably withheld.
The School reserves the right to commence disciplinary action in
accordance with any of its policies and/or procedures should you not
comply with any of the employee obligations set out above. Disciplinary
action may include termination of employment.
If any time, you become aware of, or suspect any unlawful act or
omission by any employee of the School, you must advise the Principal
immediately.
**
ATTACHMENT 5
WorkCover Information Declaration
Information for the Employee
You are seeking employment with Darul Ulum College of Victoria in the
role of a Teacher Aide (Classroom Support).
In making this application for employment with Darul Ulum College of
Victoria in the capacity of Integration Aide and in accepting any
subsequent offer of employment you are required to disclose all
pre-existing injuries or diseases suffered by you, which you reasonably
believe could be affected by you undertaking this position, the details
of which are set out as attached.
If you fail to disclose this information or if you provide false or
misleading information you and your dependents may not be entitled to
WorkCover benefits in the event of any recurrence, aggravation,
acceleration, exacerbation or deterioration of the pre-existing injury
or disease arising out of, or in the course of, or due to the nature of
this employment with Darul Ulum College of Victoria.
Declaration
I acknowledge that I have read and understood this form.
Click or tap here to enter text.
_________________________________________________
[Signature]
This document will be maintained on your personnel file.
Definitions from the Accident Compensation Act 1985 (Vic.) for your information:
Disease is defined to include:
(a) any physical or mental ailment, disorder, defect or morbid
condition whether of sudden or gradual development; and
(b) the aggravation, acceleration, exacerbation or recurrence of any
pre-existing disease (s. 5(1)).
Injury is defined to mean:
any physical or mental injury and without limiting the generality of
the foregoing includes:
(a) industrial deafness;
(b) a disease contracted by a worker in the course of the worker’s
employment whether at or away from the place of employment and to which
the employment was a significant contributing factor; and
(c) the recurrence, aggravation, acceleration or deterioration of any
pre-existing injury or disease where the worker’s employment was a
significant contributing factor to that recurrence, aggravation,
acceleration, exacerbation or deterioration (s. 5(2)).
WorkCover Employee Declaration
The following declaration is made for the purposes of sections 82(7) to
82(9) of the Accident Compensation Act 1985 (Vic.).
I Click or tap here to enter text. declare that:
1. I have read and understood this form, including the Work Cover
Information Declaration overleaf.
2. I acknowledge that I am required to disclose all pre-existing
injuries or diseases which I believe may be affected by my undertaking
the position of Integration Aide.
and [strike out whichever is not applicable.]
(a) I do not believe that any injury or disease that I have is
likely to be affected by the duties described in the job description.or
(b) I have suffered the following injuries and/or diseases that may
be affected by the duties described in the job description. [List
injuries and diseases*.*]________________________________________________________________
________________________________________________________________
________________________________________________________________
I acknowledge that any non-disclosure or false or misleading information
on my part may result in section 82(8) of the Accident Compensation
Act 1985 (Vic.) being applied which would disentitle me or my
dependents from receiving benefits relating to any recurrence,
aggravation, acceleration,
Dated: _____________________
_Click or tap here to enter text. [Print Name] |
Click or tap here to enter text. [Print Name of Witness] |
_______________________________________ [Signature] |
_______________________________________ [Signature] |
This document will be maintained on your personnel file.
ATTACHMENT 6
<img src="media/image1.jpeg" style="width:2.97361in;height:0.77361in"
alt="Description: Fair Work Ombudsman - logo" />Fair Work Information Statement
From 1 January 2010, this Fair Work Information Statement is to be
provided to all new employees by their employer as soon as possible
after the commencement of employment. The Statement provides basic
information on matters that will affect your employment. If you require
further information, you can contact the Fair Work Infoline on 13
13 94 or visit www.fairwork.gov.au.
* The National Employment Standards
The Fair Work Act 2009 provides you with a safety net of minimum terms
and conditions of employment through the National Employment Standards
(NES).
There are 10 minimum workplace entitlements in the NES:
1. A maximum standard working week of 38 hours for full-time
employees, plus ‘reasonable’ additional hours.2. A right to request flexible working arrangements.
3. Parental and adoption leave of 12 months (unpaid), with a right to
request an additional 12 months.4. Four weeks paid annual leave each year (pro rata).
5. Ten days paid personal/carer’s leave each year (pro rata), two
days paid compassionate leave for each permissible occasion, and two
days unpaid carer’s leave for each permissible occasion.6. Community service leave for jury service or activities dealing
with certain emergencies or natural disasters. This leave is unpaid
except for jury service.7. Long service leave.
8. Public holidays and the entitlement to be paid for ordinary hours
on those days.9. Notice of termination and redundancy pay.
10. The right for new employees to receive the Fair Work Information
Statement.
A complete copy of the NES can be accessed at www.fairwork.gov.au.
Please note that some conditions or limitations may apply to your
entitlement to the NES. For instance, there are some exclusions for
casual employees.
If you work for an employer who sells or transfers their business to a
new owner, some of your NES entitlements may carry over to the new
employer. Some NES entitlements which may carry over include
personal/carer’s leave, parental leave, and your right to request
flexible working arrangements.
* Right to request flexible working arrangements
Requests for flexible working arrangements form part of the NES. You may
request a change in your working arrangements, including changes in
hours, patterns or location of work from your employer if you require
flexibility because you:
-
are the parent, or have responsibility for the care, of a child who is
of school age or younger -
are a carer (within the meaning of the Carer Recognition Act 2010)
-
have a disability
-
are 55 or older
-
are experiencing violence from a member of your family or
-
provide care or support to a member of your immediate family or
household, who requires care or support because they are experiencing
violence from their family.
If you are a parent of a child or have responsibility for the care of a
child and are returning to work after taking parental or adoption leave
you may request to return to work on a part-time basis to help you care
for the child.
* Modern awards
In addition to the NES, you may be covered by a modern award. These
awards cover an industry or occupation and provide additional
enforceable minimum employment standards. There is also a Miscellaneous
Award that may cover employees who are not covered by any other modern
award.
Modern awards may contain terms about minimum wages, penalty rates,
types of employment, flexible working arrangements, hours of work, rest
breaks, classifications, allowances, leave and leave loading,
superannuation, and procedures for consultation, representation, and
dispute settlement. They may also contain terms about industry specific
redundancy entitlements.
If you are a manager or a high income employee, the modern award that
covers your industry or occupation may not apply to you. For example,
where your employer guarantees in writing that you will earn more than
the high income threshold, currently set at $129, 300 per annum and
indexed annually, a modern award will not apply, but the NES will.
Transitional arrangements to introduce the modern award system may
affect your coverage or entitlements under a modern award.
* Agreement making
You may be involved in an enterprise bargaining process where your
employer, you or your representative (such as a union or other
bargaining representative) negotiate for an enterprise agreement. Once
approved by the Fair Work Commission, an enterprise agreement is
enforceable and provides for changes in the terms and conditions of
employment that apply at your workplace.
There are specific rules relating to the enterprise bargaining process.
These rules are about negotiation, voting, matters that can and cannot
be included in an enterprise agreement, and how the agreement can be
approved by the Fair Work Commission.
You and your employer have the right to be represented by a bargaining
representative and must bargain in good faith when negotiating an
enterprise agreement. There are also strict rules for taking industrial
action. For information about making, varying, or terminating enterprise
agreements visit the Fair Work Commission website, www.fwc.gov.au.
* Individual flexibility arrangements
Your modern award or enterprise agreement must include a flexibility
term. This term allows you and your employer to agree to an Individual
Flexibility Arrangement (IFA), which varies the effect of certain terms
of your modern award or enterprise agreement. IFAs are designed to meet
the needs of both you and your employer. You cannot be forced to make an
IFA, however, if you choose to make an IFA, you must be better off
overall. IFAs are to be in writing, and if you are under 18 years of
age, your IFA must also be signed by your parent or guardian.
* Freedom of association and workplace rights (general protections)
The law not only provides you with rights, it ensures you can enforce
them. It is unlawful for your employer to take adverse action against
you because you have a workplace right. Adverse action could include
dismissing you, refusing to employ you, negatively altering your
position, or treating you differently for discriminatory reasons. Some
of your workplace rights include the right to freedom of association
(including the right to become or not to become a member of a union),
and the right to be free from unlawful discrimination, undue influence
and pressure.
If you have experienced adverse action by your employer, you can seek
assistance from the Fair Work Ombudsman or the Fair Work Commission
(applications relating to general protections where you have been
dismissed must be lodged with the Fair Work Commission within 21 days).
* Termination of employment
Termination of employment can occur for a number of reasons, including
redundancy, resignation and dismissal. When your employment relationship
ends, you are entitled to receive any outstanding employment
entitlements. This may include outstanding wages, payment in lieu of
notice, payment for accrued annual leave and long service leave, and any
applicable redundancy payments.
Your employer should not dismiss you in a manner that is ‘harsh, unjust
or unreasonable’. If this occurs, this may constitute unfair dismissal
and you may be eligible to make an application to the Fair Work
Commission for assistance. It is important to note that applications
must be lodged within 21 days of dismissal. Special provisions apply to
small businesses, including the Small Business Fair Dismissal Code. For
further information on this code, please visit www.fairwork.gov.au.
* Right of entry
Right of entry refers to the rights and obligations of permit holders
(generally a union official) to enter work premises. A permit holder
must have a valid and current entry permit from the Fair Work Commission
and, generally, must provide 24 hours’ notice of their intention to
enter the premises. Entry may be for discussion purposes, or to
investigate suspected contraventions of workplace laws that affect a
member of the permit holder’s organisation or occupational health and
safety matters. A permit holder can inspect or copy certain documents,
however, strict privacy restrictions apply to the permit holder, their
organisation, and your employer.
* The Fair Work Ombudsman and the Fair Work Commission
The Fair Work Ombudsman is an independent statutory agency created under
the Fair Work Act 2009, and is responsible for promoting harmonious,
productive and cooperative Australian workplaces. The Fair Work
Ombudsman educates employers and employees about workplace rights and
obligations to ensure compliance with workplace laws. Where appropriate,
the Fair Work Ombudsman will commence proceedings against employers,
employees, and/or their representatives who breach workplace laws. If
you require further information from the Fair Work Ombudsman, you can
contact the Fair Work Infoline on 13 13 94 or visit
www.fairwork.gov.au.The Fair Work
Commission is the national workplace relations tribunal established
under the Fair Work Act 2009. The Fair Work Commission is an
independent body with the authority to carry out a range of functions
relating to the safety net of minimum wages and employment conditions,
enterprise bargaining, industrial action, dispute resolution,
termination of employment, and other workplace matters. If you require
further information, you can visit the Fair Work Commission website,
www.fwc.gov.au.
The Fair Work Information Statement is prepared and published by the
Fair Work Ombudsman in accordance with section 124 of the Fair Work Act
2009. © Copyright Fair Work Ombudsman. Last updated: July 2013.
ATTACHMENT 7
CONFIRMATION OF RIGHT TO WORK IN AUSTRALIA
Instructions for completing this form:
-
place a tick in the box that indicates the source of your right to
work in Australia, and -
tick the box in that section to indicate the evidence that will be
attached to this form, and -
attach the certified copy of your evidence
before returning this form to the Human Resources office at Darul Ulum
College of Victoria with your acceptance of the offer of employment.
I, Click or tap here to enter text.
confirm that I have the right to work in Australia, as
- I am an Australian citizen, holding:
-
a Full Australian Birth Certificate (if born before 20 August 1986)
and a form of photo ID -
a Full Australian Birth Certificate (if born on or after 20 August
1986), a form of photo ID and evidence that at least one parent was an
Australian citizen or permanent resident at the time of your birth -
an Australian Citizenship Certificate
-
an Australian Passport
Please attach a certified copy to provide evidence of your right to
work in Australia.
OR
- I am a permanent resident of Australia, holding a
- Certificate of evidence of resident status
Please attach a certified copy to provide evidence of your right to
work in Australia.
OR
-
I am a New Zealand citizen, who entered Australia on a valid passport,
and currently hold: -
a New Zealand Passport, or
-
a New Zealand Birth Certificate and a form of photo ID
Please attach a certified copy to provide evidence of your right to
work in Australia.
OR
-
I am a non-citizen with a valid visa that provides work rights
-
Valid visa with work rights
Please attach a certified copy, together with the visa approval letter,
to provide evidence of your right to work in Australia. I give
permission to [insert name of School] to check the status of my visa
using the Department of Immigration and Border Protection’s Visa
Entitlement Verification Online (VEVO) service.
I understand that:
-
this offer of employment is contingent upon having the right to work
in Australia; -
this offer of employment will lapse on Click or tap here to enter
text. if I have not provided evidence of my right to work in
Australia & A current Working with Children’s Check (WWCC); -
a copy of the document/s provided by me will be retained on the
School’s file; -
it is a condition of my employment that I retain the right to work
in Australia and that should I not retain the right to work in
Australia, I will advise Darul Ulum College of Victoria immediately; -
my employment, if commenced, will cease immediately, should I lose
the right to work in Australia.
Signature
Name: Click or tap here to enter text.
Date:
Information to assist with the completion of this form
A certified copy of a document
Make a photocopy of the original document and take the original and the
photocopy to a person authorised to witness a Statutory
Declaration
(refer to the section on statutory declarations). The person must make
the following written statement on every page, either in writing or
using a stamp: “I have sighted the original document and certify this
to be a true copy of the original.”
The person should then sign each statement and provide their
designation, e.g., Police Officer