ARTICLE · 01 OCTOBER 2018

Contracts of employment - Part 1

Walter Baden

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Part 1 of this newsletter examines a written contract of employment - and the importance of express and implied terms.

AustraliaEmployment and HR

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The employment contract governs one of the most significant relationships in people's lives being that between the employee and employer. When well drafted, the employment contract is beneficial for both the employer and the employee as, amongst other things, it provides clarity regarding the obligations of both parties.

In the last two years, we have received two recent landmark High Court decisions in WorkPac Pty Ltd v Rossato [2021] HCA 23 (regarding casual employment), and Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (regarding independent contractors). Both decisions have reiterated the importance of capturing a relationship with any type of worker in a written contract. Arguably, the contract has never had a more important role than it does now in Australian industrial relations.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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