HR resource sheet - the employment contract, canteens

This document is currently under review. Please direct any queries about this document to
the department’s Policy Adviser (Governance) or email decd.sitegovernance@sa.gov.au.
HR RESOURCE SHEET - THE EMPLOYMENT CONTRACT, CANTEENS

All employees have an employment contract, even if there is no formal written agreement.
In law, there are a number of different types of documents and unwritten arrangements
which become part of a contract of employment. These could include:

Letter of appointment
Job description
Individual employment contract
Relevant award or enterprise agreement and National Employment Standards
Workplace policies and procedures
Custom and practice at a particular workplace
Oral/verbal arrangements between an employer and employee

The individual employment contract is an important piece of legal documentation which

spells out what is being offered to the employee in exchange for his or her services. It may
repeat some of the information included in the letter of appointment and refers to the job
description, award or agreement, National Employment Standards and certain policies of the
employer. It does not have to be complicated, but it should be specific and understandable
to both parties. Once it is signed and dated by both the employer and the employee, it is
legally binding (unless signed under duress, when the contract may be deemed to be void).

The following sample shows the types of information included in a contract of employment.
The actual content will vary from Canteen service to Canteen service and from job to job.
The headings are in black and prompts regarding what to include under the headings are in
blue font. The contract should be written on the letterhead of the operator.

SAMPLE CONTRACT OF EMPLOYMENT

Insert employer / employing body name here

Date
Insert date the offer is made (when contract form is given to the employee)

Name of employee
Insert employee’s name here

Position
It is important to understand the distinction between Job Title (what the job is called in your
workplace) and Job Classification (the relevant title and level in the Award / Agreement.)

For example, you may choose to refer to your staff member as a Canteen Manager although
the Classification in the Award is for a Fast Food Employee Level 3. In this case you would
fill in this section of the contract as: Canteen Manager

If you do not refer to the position by any special name apart from the classification in the
Award or enterprise agreement, you would fill in this section of the contract as per the
classification: Fast Food Employee Level 3

Award and Classification

Clearly state the Award, position title, and level of employment offered. For example:
Fast Food Industry Award 2010, Fast Food Employee Level 3.

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Commencement date
Insert the date the employment will start or started. If this contract replaces an existing
contract it is important to also state the original commencement date of service.

Term of Employment
Will the employment be ongoing or will it be for a fixed term, with a start and end date? A
fixed term contract is a contract for a set period of time, perhaps to replace another
employee who is on extended leave. In this case the new employee is being hired as a
replacement employee for a specific period, or fixed term. You will need to stipulate the start
date and end date for the term of employment and state the number of weeks / months
involved. If the employment has an end date it is essential to meet with the employee prior
to that date and clarify that the position is ending or offer a new or continuing contract.

If the contract has no specified end date, it is ongoing. Negotiations are required for a
particular reason to end the employment unless the employee decides to leave.

NB: If this contract relates to the replacement of an employee on parenting leave, the
contract would include a reference to the National Employment Standards showing that the
person being replaced has an entitlement to return during the 12 month period and therefore
the contract would be up to 12 months duration, subject to the employee’s return date.
Responsibilities/duties
Attach a copy of the Job Description to the Contract of Employment. Separating the
Contract from the responsibilities/duties via a Job Description provides greater flexibility
later. The Job Description can form part of the professional development/appraisal review
process, while the contract is used for other purposes.
Nature of employment:
It is important to clarify whether a position isfull time, part time or casual. Part 3, Clauses 10,
11, 12 & 13 the Fast Food Industry Award 2010 provides definitions for each of these
employment types and should be referred to when advertising for and employing staff.

If an employee or the operator cannot make a commitment to the definitions in clauses 12.1
and 12.2 then the employee is casual. For example the operator may wish to close the
canteen on excursion days when a significant number of students are not at the school.

Also refer to Schedule B of the Fast Food Industry Award 2010 to review the relevant
classification level, indicative duties and progression.

Place of work
The address of where the employee will work.

Time of Work
What are the employee's normal hours of work going to be and will hours vary over a 1, 2 or
4 week roster or remain the same each week? Provide the days and hours of employment,
the starting and finishing times, the lunch and rest breaks and applicable roster change
details. Any changes to hours e.g. overtime, must be negotiated and approved in advance
in writing by the employer or delegate.

Employee Remuneration
The current hourly rate for this position is $...

If this is a casual position add

which includes casual loading of …% to compensate for non-entitlement to annual leave,
sick leave or public holiday pay.

You should also stipulate how and when the employee will be paid. For example:

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Payment shall be by fortnightly by electronic transfer into your nominated bank account,
commencing (date of first pay for full time or part time employee)

Or for a casual employee

Payment shall be by electronic transfer into your nominated bank account

Will the employee receive any other benefits such as above award payments? If so, state
what these are, and if and when they will be reviewed.

Reimbursement of expenses
It is important that you consider what expenses your employees are likely to incur in your
employment and ensure that your contract covers the reimbursement of those expenses. It
is normal practice for employees to be reimbursed all expenses incurred by them while
carrying out the business of the employer.

Check Clause 19 of the Fast Food Industry Award 2010 for a list of allowances to which your
employee may be entitled. It is not necessary to list all these allowances in the contract, but
you should identify any which will apply to this employee.

Superannuation
Occupational superannuation under the Superannuation Guarantee is payable to all staff
(currently 9%). If you intend to provide superannuation payments beyond the required
minimum, state the relevant details here.

Leave Entitlements
Leave entitlements, including annual leave, annual leave loading, long service leave,
personal leave, compassionate leave, parental leave and community service leave can be
sourced from with the National Employment Standards and the relevant Award and State
Long Service Leave Act. If the contract is for a full time or part time position, you may simply
refer to the appropriate document.

For example: Leave entitlements, including annual leave, annual leave loading, long service
leave, personal leave, compassionate leave, parental leave and community service leave
will be granted in accordance with the National Employment Standards, the State Long
Service Leave Act 1987 and Children’s Services Award 2010.

Note also that effective 1 January, 2011, a Government paid parental leave entitlement
scheme will provide all eligible working parents with 18 weeks payment at the Federal
Minimum Wage.

If your service has particular requirements regarding applying for leave, provision of medical
certificates etc. these may be advised here or you may choose to refer the employee to the
relevant policy document.

Close-down
This is where you should identify that the service will be closed during the school holidays
and student free and school closure days. Casual employees should be advised they will not
be required to work during school holidays and student free and school closure days.

Confidential information
This clause puts an explicit obligation on the employee not to disclose confidential
information of the employer and states that the confidential information belongs to the
employer.

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For example: You will be required to maintain strict and professional confidentiality
regarding all information gained through the course of your employment with (name of
service). This requirement applies to written, verbal and all forms of internet and social
networking communication, both during your term of employment and after your employment
ceases in this position.

Compliance with policies & procedures

You will be required to comply with service policies which may change from time to time. It
will be your responsibility to ensure that you are aware of the service’s policies, but if you are
in doubt regarding a policy you should consult with your line manager. Refer to policies and
procedures manual or state particular policies relevant to your service. For example: contract
subject to satisfactory criminal history screening prior to commencement and every three
years thereafter, duty of care, Occupational Health and Safety requirements, use of internet
and social networking sites.

NB: Criminal history screening is required for current employees and new employees prior to
their engagement and for contract employees before they enter into a new contract of
employment.
AND
New and renewed contracts should include a condition that requires the employee to agree
to undergo a criminal history screening check when required by the employer or at least
every three years.

Termination of Employment
Notice the employer and the employee must give before terminating employment (See the
National Employment Standards)

Delegation
Identify specific delegations that sit with the position. For example, limit of financial
expenditure

Dispute resolution
Where possible, disputes should be resolved at the local level by consultation and
negotiation between the parties and in line with the service’s grievance procedures. If the
dispute is about a matter arising under the award or in relation to the NES and is unable to
be resolved at the workplace, and all appropriate steps outlined in the award have been
taken, a party to the dispute may refer the dispute to Fair Work Australia.
You agree that (the employer) may collect and retain personal information regarding any
aspect of your employment directly from yourself or a third party. Under the Privacy Act
1988 (Cth) you may have rights and obligations and in particular right of access to, and
correction of, personal information (except insofar as it relates to any exception provided by
the Act).

Signing details
This offer is made by me (name) as the authorised representative of (name of employer /
employing organisation).

Signed____________________________________________

Date______________________________________________

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Acceptance
I accept the offer of employment and agree to the terms and conditions as stated in this
contract.

Signed____________________________________________

Date______________________________________________

Disclaimer
The Department of Education and Children’s Services have undertaken all reasonable
measures to ensure that the information in this Resource Sheet is accurate and specifically
disclaims any liability, loss or risk, personal or otherwise, which is incurred as a
consequence, directly or indirectly of the use and application of any of the contents.