Incorporating provisions of industrial instruments (optional clause)

Incorporating provisions of industrial instruments (optional clause)

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This is an optional clause incorporating provisions of industrial instruments. This clause is designed for inclusion in an employment contract. It provides that the employee’s terms of conditions of employment are those set out in the relevant industrial award and applicable legislation, including in the Fair Work Act 2009 (Cth). It further provides that the award or applicable legislation is not incorporated as terms into the employment contract.

For an employment agreement, see the separate precedent collection, including the “Basic employment agreement (short form)” and “Basic employment agreement (long form)”. Clauses should be adapted to ensure consistence of terminology, particularly in relation to defined terms.

This document has been authored for LexisNexis and is authorised by Brooke Pendlebury, Principal, Pendlebury Workplace Law, Sydney.

This document is prepared with the assistance of Specialist Editor Justine Turnbull, Partner, Seyfarth Shaw Australia.