Employment Contracts

What are examples of national employment standards for employment contracts?

Minimum wage, minimum working conditions, unfair dismissal

What is minimum wage?

Employers cannot pay employees less than the minimum wage, it applies to employees who aren’t covered by an award or a workplace agreement. The national minimum wage in Australia is $24.20 per hour.

What is unfair dismissal?

When employment is ended by the employer due to unjust reasons, these include, if the dismissal was harsh and unreasonable, not a case of genuine redundancy or does not follow the Small Business Fair Dismissal Code if it is a small business. Employees can lodge a claim of unfair dismissal with the WAIRC.

minimum working conditions

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What are Key element of a contract?

for a contract to be valid it must have the following elements: Intention, agreement (offer and acceptance) and consideration

What is intention as a element of a contract?

The parties must intend that their promises will create legally enforceable obligations in a contract

What is agreement for a contract to be valid?

One party has made an offer, and the terms of the contract have been accepted and agreed to by the other party.

What is consideration as an element that makes a contract valid?

There must be something of value exchanged between the parties. This is usually money, but it can also be the performance of an act or the provision of a service.

What are the legal requirements of contracts?

Legal capacity, consent and legality

what is legal capacity of contracts?

the parties to the contract must be aged 18 and older and of sound mind.

What is consent of contracts?

signing a contract must be done with free will and proper understanding of what is involved. If it can be shown that proper consent was not given (e.g. through false statements, duress and using authority/power), a breach of contracts exist.

legality

The purpose of the contract must be legal. The contract is invalid if it required parties to do anything illegal. Some contracts such as banking and for the purchase of land must have certain details to be valid