Best practice Employment contracts and workplace policies

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Not necessarily. However, some modern awards, such as the Clerks - Private Sector Award 2020, require an employer to notify an employee in writing of their award classification and of any change to it. Whilst this particular obligation does not expressly require that notification to occur in the employment contract, it's generally an easy way to demonstrate the employer has complied with this obligation. It also helps the parties identify the minimum rates of pay. 

More broadly, an employment contract should be tailored to the applicable industrial instrument, noting that modern award terms such as ordinary hours of work will often need to be referred to in the employment contract.  

All employees have an employment contract, but that contract can be made up of written, verbal and implied terms. In the absence of a written employment contract, it can be difficult to discern the parties' rights and responsibilities. This will often result in the employer not benefitting from the usual written employment contract clauses that provide the employer with flexibility and protection in relation to managing the employee's employment. 

It may also indicate that the parties have not agreed on the period of notice required to terminate the contract. In these circumstances, the court may imply a term of "reasonable notice" which may be far in excess of what the employer thought it needed to provide to terminate the employment contract. 

Yes. For example: 

• Certain employers need to have a whistleblower policy to comply with their obligations under the Corporations Act 2001 (Cth). 
• Given the increasing emphasis on preventing sexual harassment at work and the employer's positive duty to do so, all employers should also ensure they have a policy that deals with the importance of preventing sexual harassment and discrimination at work. 
• In NSW, an employer cannot conduct computer surveillance of its employees unless (among other things) the surveillance is carried out in accordance with a policy on computer surveillance. 

Yes. While the default position is that post-employment restrictions on competition are void on public policy grounds, these restraints can still be enforced when drafted and used properly. 

In particular, a post-employment restraint of trade can be enforced to the extent that it is reasonably necessary to protect an employer's legitimate interests.