Guideline Template: Contract of Employment for Personal Trainers
THE EMPLOYER Insert Entity (Person or Company) Name AND
THE EMPLOYEE Insert Name of Employee
CONTRACT OF EMPLOYMENT ALL PERSONAL TRAINING EMPLOYEES INSTRUCTIONS This guideline template has been colour coded to help you prepare your own contract. All writing in RED is instructional and should be deleted once you have completed the document All writing in BLUE should be replaced with your own information/details/requirements. IMPORTANT NOTES: This is a template agreement which has been prepared to assist you with the preparation of your own contract of employment for your personal trainers employed at your Anytime Fitness® centre. It is supplied to you as a general guide only and is not intended to address your specific needs. You should seek your own legal advice with respect to such needs and particularly with respect to the completion of the Schedule. The Information Owners (defined in clause 1.1) cannot guarantee that the material in the document is accurate or up to date and are not responsible for any errors or omissions. This agreement is the copyright of the Information Owners. You are only authorised to use this to assist you with the personal training arm of your Anytime Fitness business. You have no authorisation to use this for any other purpose.
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THE EMPLOYER Insert Entity (Person or Company) Name AND
THE EMPLOYEE
Insert Name of Employee
CONTRACT OF EMPLOYMENT ALL PERSONAL TRAINING EMPLOYEES
YEAR Page | 1
CONTENTS CONTENTS
2
DATE
4
THE PARTIES
4
BACKGROUND
4
TERMS
4
1.
DEFINITIONS AND INTERPRETATION 1.1 Definitions in this Contract 1.2 Interpretation
4 4 7
2.
EMPLOYMENT 2.1 Commencement 2.2 Position and type of employment 2.3 Right to work in Australia 2.4 Reporting arrangement 2.5 Duties and responsibilities 2.6 Location 2.7 Hours of work (a) Permanent Employees (b) Casual Employees (c) All employees (Permanent Employees and Casual Employees) 2.8 Probation (a) Permanent Employees (b) Casual Employees 2.9 Inconsistency with Industrial Laws
7 7 7 7 7 7 8 8 8 8 8 9 9 9 9
3.
REMUNERATION AND EXPENSES 3.1 Remuneration (a) Salary or wages (b) Superannuation (c) Other Benefits including an Incentive Payment (d) All Inclusive Remuneration 3.2 Method and frequency of pay 3.3 Expenses 3.4 Debts
9 9 9 9 10 10 10 10 10
4.
PERFORMANCE AND SALARY REVIEW 4.1 Performance review 4.2 Remuneration review
10 10 10
5.
LEAVE ENTITLEMENTS 5.1 Annual Leave 5.2 Personal/Carer’s Leave (a) Permanent Employees (b) Casual Employees 5.3 Public holidays 5.4 Other leave
10 11 11 11 12 12 12
6.
CONFIDENTIALITY, PRIVACY AND SURVEILLANCE 6.1 Confidentiality 6.2 Privacy 6.3 Surveillance
12 12 13 13
7.
INTELLECTUAL PROPERTY 7.1 Acknowledgement
13 13 Page | 2
7.2 Consents 7.3 General 8. 9.
13 13
HEALTH AND SAFETY
14
CONFLICTS AND RESTRAINT 9.1 Restraint during employment 9.2 Restraint after employment ends
14 14 14
10. TERMINATION OF EMPLOYMENT 10.1 Termination by us with notice (a) Permanent Employees (b) Casual Employees 10.2 Summary termination 10.3 Right of suspension 10.4 Termination or resignation by you (a) Permanent Employees (b) Casual Employees 10.5 During notice 10.6 Abandonment of employment 10.7 Payment of entitlements 10.8 Obligations on termination
15 15 15 15 15 15 15 15 15 16 16 16 16
11. GENERAL 11.1 Miscellaneous (a) Special Conditions (b) Variation of Contract (c) Severability (d) Governing law (e) Entire agreement 11.2 Your acknowledgement
16 16 16 16 16 16 17 17
SIGNING PAGE
18
SCHEDULE
19
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CONTRACT OF EMPLOYMENT – PERSONAL TRAINER DATE:
INSERT DATE
THE PARTIES THE EMPLOYER: THE EMPLOYEE:
The PERSON OR PARTY SPECIFIED ON THE COVER PAGE AND IN ITEM 1 OF THE SCHEDULE AS THE EMPLOYER (“we”, “us”, “our”) AND THE PERSON SPECIFIED ON THE COVER PAGE AND IN ITEM 2 OF THE SCHEDULE AS THE EMPLOYEE (“you”, “your”)
BACKGROUND A. B. C.
We operate an Anytime Fitness® fitness club business in Australia under a franchise agreement with the Franchisor. We wish to employ you under the terms of this Contract. This Contract revokes and replaces any prior written, verbal or implied agreement or arrangement between you and us relating to your employment with us.
TERMS 1.
DEFINITIONS AND INTERPRETATION
1.1
Definitions in this Contract
In this Contract (unless the context requires otherwise), the following definitions apply: Term
Meaning
Annual Salary
the salary set out in Item 10.
Annual Leave
time off work that you can use as you wish.
Capacity
the capacity set out in Item 4.
Casual Employees
employees employed in a casual Capacity.
Club
the Anytime Fitness club or clubs set out in Item 8.
Commencement Date
the date set out in Item 6.
Community Service Leave
leave taken for the purposes of carrying out certain eligible community service activities including jury service or a voluntary emergency management activity.
Compassionate Leave
leave you may take: • to spend time with a member of your immediate family or household who has sustained a life-‐threatening illness or injury; or Page | 4
•
after the death of a member of your immediate family or household.
Confidential Information
confidential and proprietary information, method of operation and trade secret information belonging to one or more of the Information Owners relating to the Anytime Fitness business, methods, systems, intellectual property, strategies, programs, products, services, suppliers, franchisees, Members or prospective Members which is, or might reasonably be considered by the Relevant Information Owner to be confidential.
Contract
this contract of employment between you and us.
Fair Work Act
the Fair Work Act 2009 (Cth).
Fair Work Ombudsman
a statutory office created under the Fair Work Act which is responsible for ensuring compliance with the Fair Work Act.
Fitness Faktor
Fitness Faktor Pty Ltd, ACN 164 453 150, of Ground Floor, 71 Longueville Road, who is a preferred supplier of the Franchisor and who has entered into an agreement with us with respect to the provision of certain personal training services.
Franchisor
Anytime Australia, ACN 131 035 491 of Ground Floor, 71 Longueville Road, Lane Cove, NSW 2066.
Hourly Rate
your ordinary hourly rate of pay as set out in Item 9.
Incentive
the incentive set out within Item 12 (if any).
Industrial Laws
any applicable Modern Award, enterprise agreement, the Fair Work Act, the National Employment Standards, long service leave legislation and other applicable industrial legislation.
Information Owners
collectively includes Anytime Fitness LLC, of Minnesota USA, the Franchisor, Fitness Faktor and us.
Inventions
includes any inventions, discoveries or novel designs.
Item
an item of the Schedule.
Key Performance Indicators (KPIs)
measurable and objective indicators of performance reasonably agreed between you and us.
Long Term Casual Employee
a Casual Employee who has been employed on a regular and systematic basis for more than twelve (12) months and who has a reasonable expectation of ongoing work.
Manager
your manager as set out in Item 5.
Member
an Anytime Fitness club member.
Minimum Notice
the minimum notice period set out in Item 13.
Modern Award
an instrument recording minimum conditions of employment applicable to some employees that are enforceable under law. The Modern Award that applies to you is the Fitness Industry Award which you can access via http://www.fairwork.gov.au/AWARDS/MODERN-‐ AWARDS/pages/default.aspx Page | 5
National Employment Standards
the minimum standards that apply to the employment of all national system employees pursuant to the Fair Work Act.
Other Benefits
the benefits set out in Item 12 (if applicable).
Parental Leave
which includes maternity, paternity and adoption leave, is leave that you may access on the birth or adoption of your child after you have worked for us for a continuous period of at least twelve (12) months.
Payment Time Frame
the time frame for the payment of your wages or salary as set out in Item 11.
Period of Probation
the period of probation set out in Item 7 (if any).
Permanent Employees
employees employed in a permanent Capacity.
Personal/Carer’s Leave
leave that you may take when you are sick or injured or when you need to care for an immediate family or household member who is sick, injured or has an unexpected emergency.
Personal Information
has the same meaning as that given to the term under the Privacy Act.
Position
the position set out in Item 3.
Position Description the position description that will be provided to you and which may be attached to this Contract. Privacy Act
the Privacy Act 1988 (Cth).
Privacy Statement
the Anytime Fitness privacy statement http://www.anytimefitness.com.au/privacy.
available
at
Relevant the Information Owner who owns the specific Confidential Information. Information Owner Restraint Area
the restraint area set out in Item 14.
Restraint Period
the restraint period set out in Item 15.
Schedule
the Schedule to this Contract which may be amended, updated or replaced from time to time by agreement between you and us.
Shut Down Period
a period of closure of the Club for any reason, for example, on account of a refurbishment, usually being no longer than three (3) weeks in duration.
Special Conditions
any special conditions of your employment which (if applicable) are set out in Item 16.
Staffed Hours
the hours during which the Club is usually staffed.
Works
all works and other subject matter in which copyright exists which are created in the course of your employment under this Contract. Page | 6
1.2
Interpretation
In this Contract: (a)
headings are for ease of reference only and will not affect interpretation;
(b) (c)
if a word or phrase is defined, cognate words and phrases have corresponding definitions;
(d) (e)
the singular includes the plural and vice versa;
“$” and “dollars” refer to Australian dollars;
(f)
“includes” or “including” means includes (without limitation) or including (without limitation); and “writing” includes any mode of representation or reproducing words in tangible and permanently visible form and includes email or facsimile transmission.
2.
EMPLOYMENT
2.1
Commencement
You will commence working for us under this Contract from the Commencement Date. 2.2
Position and type of employment
2.3
You will be employed in the Position and Capacity set out in the Schedule. Right to work in Australia You acknowledge and agree that: (a) you have a lawful right to work in Australia and perform the duties and responsibilities of the employment contemplated by this Contract; (b) you will immediately notify us of any circumstances that may prejudice this right at any time during your employment with us; and (c) in order to help us verify at any time that you have this right, you will provide us, on our request, with sufficient evidence to establish this. Reporting arrangement
2.4
You will report to your Manager. 2.5
Duties and responsibilities You will: (a) exercise the powers and discretions, hold the responsibilities and perform the duties and tasks as are conferred, delegated or reasonably specified by us from time to time;
(b) (c)
undertake the duties detailed in the Position Description. These duties may be modified and updated by us from time to time; perform your responsibilities honestly and in a proper and efficient manner; Page | 7
(d)
use your best efforts to promote and enhance our interests, welfare, business, profitability, growth and reputation;
(e) (f)
2.6
not do anything that may be harmful to us; and comply with all lawful and reasonable directions given to you by us, including complying with our policies and procedures as may be amended from time to time. These policies and procedures are not, however, incorporated into your Contract and do not give rise to a legal right or benefit enforceable by you.
Location You will be based at, and work from, the Club but may reasonably be required to travel from time to time.
2.7
Hours of work (a)
Permanent Employees Except in the case of absence by reason of ill health, incapacity, accident or approved leave, if you are engaged as a Permanent Employee, you will work an average (which will be taken over each successive six (6) month period) of:
(i)
38 hours each week if you are employed in a full-‐time Capacity; or
(ii)
the hours set out in Item 4 -‐ being less than 38 hours each week – if you are employed in a part-‐time Capacity;
(b)
You will also work reasonable additional hours if and when required. For the purposes of clarity, you will not be paid overtime or additional amounts for working reasonable additional hours unless expressly agreed by us. Casual Employees
(c)
If you are engaged as a Casual Employee: (i) your services will be only as required and if and where work is available; (ii) each occasion you work will be a separate contract of employment which ceases at the end of that engagement; and (iii) there is no guarantee of ongoing or regular hours or work. All employees (Permanent Employees and Casual Employees) You will ordinarily work your hours within Staffed Hours but may need to adopt a flexible approach to your working hours. Your hours may be set out in a periodically issued Club roster which may be arranged: (i) to include any day from Monday through to Sunday;
(ii)
with any combination of start and finish times;
(iii)
wherever possible, to take into consideration your preferences and commitments, such as family responsibilities or study (as far as we reasonably can).
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We may require that you complete a time sheet setting out the relevant date and your starting and finishing times. If you consider that you are being required to work unreasonable hours or a task you are doing requires you to work hours that you consider are unreasonable, you should raise this with your Manager. Probation
2.8
(a)
Permanent Employees If you are newly engaged as a Permanent Employee, you will normally serve an initial Period of Probation.
During the Period of Probation you, or we, may terminate your employment with written notice of one (1) week. If your employment continues after the expiry of the Period of Probation, it will be ongoing, subject to your, or our, right to terminate your employment under clause 10. (b)
2.9
Casual Employees
A probationary period is not relevant and will not apply to you if you are engaged as a Casual Employee. Inconsistency with Industrial Laws If we are subject to any obligation in respect to your employment arising under any Industrial Laws and any such obligation is inconsistent with a provision of this Contract, the terms of this Contract will not operate to the extent of any inconsistency. Industrial Laws do not, however, form part of this Contract.
3.
REMUNERATION AND EXPENSES
3.1
Remuneration
Your remuneration comprises:
(a)
(b)
Salary or wages (i)
Permanent Employees
(ii)
You will be paid either an Annual Salary or at the Hourly Rate (whichever is specified in the Schedule). Casual Employees
You will be paid at the Hourly Rate. Superannuation Superannuation contributions, at the prescribed rate, will be paid into a fund of your choice. If you do not nominate a fund, your superannuation contributions will be paid into a default scheme nominated by us.
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(c)
Other Benefits including an Incentive Payment Other Benefits (if any) will be those agreed between you and us and which may vary from time to time.
(d)
If Other Benefits include an Incentive Payment such payments will be subject to your achievement of agreed Key Performance Indicators or other performance measures as reasonably determined by us. All Inclusive Remuneration Your remuneration package includes payment for all amounts of overtime, allowances, penalties and loadings to which you may become entitled under Industrial Laws.
3.2
Method and frequency of pay
3.3
Your salary or wages will be paid in the Payment Time Frame by electronic funds transfer into a bank account nominated by you after deduction of all taxes or other agreed deductions. Amounts payable on account of Other Benefits, will be paid as agreed by you and us. Expenses
You will be reimbursed for expenses reasonably incurred in the course of your employment which may be set out in an expenses policy or otherwise advised to you.
3.4
Debts If you owe us any money, forfeit the right to monies already paid or are paid more than you are entitled to be paid, we may withhold (to the extent permitted by applicable laws) the amount forfeited or the amount of the debt or overpayment from any amounts otherwise payable to you, including salary or expenses.
4.
PERFORMANCE AND SALARY REVIEW
4.1
Performance review Performance reviews will be conducted periodically by your Manager. These reviews may be conducted against: (a) your duties and responsibilities as set out in clause 2.5, your Position Description, and/or any Key Performance Indicators or other performance measures that may be agreed between you and us from time to time; and
(b)
any other matter we reasonably consider to be relevant.
4.2
Remuneration review Remuneration reviews for our employees will ordinarily be conducted annually. We are, however, not obliged to increase your Annual Salary or Hourly Rate or other elements of your remuneration at any time unless required to do so under Industrial Laws.
5.
LEAVE ENTITLEMENTS You will be entitled to leave in accordance with applicable Industrial Laws. Some or all of your leave entitlements are set out below. As your leave entitlements arise from Industrial Laws, these entitlements may change if Industrial Laws are amended. Page | 10
5.1
Annual Leave (a)
Permanent Employees If you are engaged as a Permanent Employee, you will be entitled to paid Annual Leave on the following basis:
(i)
you will be entitled to four (4) weeks paid Annual Leave for each year of service;
(ii)
Annual Leave accrues on a pro-‐rata basis and is cumulative;
(iii)
you will be encouraged to take Annual Leave at regular intervals. If you accumulate more than six (6) weeks Annual Leave, you may be asked to utilise a relevant portion of it;
(iv)
the timing of any Annual Leave should be discussed with, and authorised by, your Manager who has the discretion to refuse to authorise a period of leave because of operational requirements;
(v)
we may require you to take Annual Leave during any Shut Down Period provided that you have accrued and been credited with sufficient leave for the Shut Down Period. If you have not accumulated sufficient Annual Leave, we may (at our discretion) require that you take leave without pay for the Shut Down Period or permit you to take your Annual Leave in advance of it being accrued; and
(vi)
upon termination of your employment you will be entitled to payment in lieu of any untaken Annual Leave.
(b) 5.2
Casual Employees
If you are engaged as a Casual Employee, you have no entitlement to paid Annual Leave. Personal/Carer’s Leave (a)
Permanent Employees If you are engaged as a Permanent Employee, you will be entitled to Personal/Carer’s Leave on the following basis:
(i)
(ii) (iii) (iv) (v)
you will be entitled to ten (10) days paid Personal/Carer’s Leave each year of service if you are employed in a full time Capacity or the pro-‐rata portion of this if you are employed in a part-‐time Capacity; Personal/Carer’s Leave accrues progressively and unused leave accumulates from year to year; if you exhaust your entitlement to Personal Carer’s Leave you will be entitled to a further two (2) days unpaid Personal/Carer’s Leave on each occasion; you may be asked to provide a medical certificate or other evidence in support of the reason for your Personal/Carer’s Leave; and if you need to take Personal/Carer’s Leave, you must notify your Manager as soon as you are reasonably able to. If possible you should let your Manager know how long you expect your period of leave will be.
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(b)
Casual Employees If you are engaged as a Casual Employee, the following provisions apply: (i) you have no entitlement to paid Personal/Carer’s Leave but may take two (2) days unpaid Personal Carer’s Leave on each occasion.
(ii)
you may be asked to provide a medical certificate or other evidence in support of the reason for your Personal/Carer’s Leave; and
(iii)
if you need to take Personal/Carer’s Leave, you must notify your Manager as soon as you are reasonably able to. If possible you should let your Manager know how long you expect your period of leave will be.
Public holidays
5.3 5.4
Public holidays are provided for under applicable Industrial Laws. Other leave Other leave entitlements that apply include:
(a)
two (2) days paid Compassionate Leave on each permissible occasion for Permanent Employees;
(b)
two (2) days unpaid Compassionate Leave on each permissible occasion for Casual Employees;
(c)
unpaid Parental Leave after continuous service of twelve (12) months for Permanent Employees and Long Term Casual Employees;
(d)
Community Service Leave which is generally unpaid but Permanent Employees are entitled to receive make-‐up payments for up to 10 days in the case of jury service leave;
(e)
other applicable leave, such as long service leave, subject to applicable Industrial Law.
6.
CONFIDENTIALITY, PRIVACY AND SURVEILLANCE
6.1
Confidentiality During your employment you may be given access to Confidential Information. You will, both during your employment and as for so long as the Confidential Information remains confidential after the termination of your employment: (a) not at any time, either directly or indirectly, disclose or communicate to any person any Confidential Information that may come to your knowledge during or in the course of your employment, unless expressly authorised by us or required by law or a court order;
(b)
(c) (d)
use your best endeavours to prevent disclosure or publication of the Confidential Information if that disclosure or publication is not authorised by the Relevant Information Owner; not use or attempt to use Confidential Information for your own benefit or purposes; and not use or attempt to use the Confidential Information in any manner which may injure or cause loss or harm to the Information Owners. Page | 12
6.2
6.3
Privacy You will familiarise yourself, and comply, with the requirements of the Privacy Act, any applicable state laws regarding privacy, and the Privacy Statement, when dealing with Personal Information of Members and other persons. You acknowledge that, as a result of and during the course of your employment, we may obtain Personal Information (including health, medical and other sensitive information) about you. You consent to us obtaining this Personal Information and further consent to us disclosing the information to other parties for the purposes of our business, and/or otherwise outlined in the Privacy Statement. Surveillance Computer use, including internet and email use, may be subject to monitoring through the use of software in accordance with our applicable policies.
7.
INTELLECTUAL PROPERTY
7.1 Acknowledgement
7.2
You acknowledge and agree that: (a) the Information Owners own all intellectual and industrial property rights in the Confidential Information and any modifications and enhancements to the Confidential Information; (b) the Information Owners own any Inventions and Works which are created by you during and in the course of your employment; (c) the Relevant Information Owner owns all Inventions and Works absolutely and without further payment to you and, to the extent necessary, you irrevocably assign to the Relevant Information Owner all your present and future rights, title and interests (including moral rights) in and to all Inventions and Works; and (d) you will disclose to us or any other Relevant Information Owner all the details of any Inventions or Works created by you during your employment. Consents
7.3
You consent to Works being changed, copied, edited, added to, taken from, adapted or translated in any manner or context by us or on our behalf for any purpose related to the Anytime Fitness business. General You must, both during and following your employment: (a) do all such acts and things we may reasonably request to secure the Relevant Information Owner’s ownership and registration rights in the Inventions and Works and grant to the Relevant Information Owner the right to use your name to obtain any protection of the Inventions or Works; and (b) not engage in any conduct that may damage the intellectual or industrial property rights of the Relevant Information Owners. Page | 13
8. 8.1 8.2
HEALTH AND SAFETY You will comply with your obligations under applicable health and safety laws. You will comply with all directions and instructions from us regarding health and safety and will also take all reasonable steps to ensure that you: (a) take reasonable care for your health and safety;
(b) (c) (d)
take reasonable care that your acts and omissions do not adversely affect the health and safety of others; so far as is reasonably practicable, comply with all lawful instructions given requiring your compliance with health and safety laws; and co-‐operate with us and any reasonable policy we have with respect to health and safety matters.
9.
CONFLICTS AND RESTRAINT
9.1
Restraint during employment During your employment, you must not, without our prior written consent (which will not be unreasonably refused): (a)
(b) (c) (d)
undertake or carry on or be employed or be directly or indirectly concerned or interested in (other than merely holding up to 5% of shares issued in a public company) in any business other than our business; have an outside association or interest that is incompatible and/or inconsistent with our interests; interfere with, disrupt or attempt to disrupt, or procure or solicit anybody else to interfere with, disrupt or attempt to disrupt, the relationship, contractual or otherwise, between us and our Members or prospective Members; induce, encourage or solicit any of our employees, contractors, suppliers or agents to leave our, or their, employment or agency or to cease providing products or services to us; or
(e) induce, encourage or solicit a Member to cease their Anytime Fitness membership. Restraint after employment ends
9.2
After termination of your employment, you must not, without our prior written consent, (which will not be unreasonably refused) in the Restraint Area and for the Restraint Period, either directly or indirectly do or engage in any of the following: (a) (b)
carry on, operate or be engaged, interested or employed in a competing business; interfere with, disrupt or attempt to disrupt, or procure or solicit anybody else to interfere with disrupt or attempt to disrupt the relationship, contractual or otherwise, between us and any of our Members or prospective Members;
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(c) (d)
induce, encourage or solicit any of our employees, contractors or agents to leave our, or their, employment or agency or to cease providing services to us; or induce, encourage or solicit a Member to cease their Anytime Fitness membership.
10.
TERMINATION OF EMPLOYMENT
10.1
Termination by us with notice
(a)
Permanent Employees Subject to clause 10.2, if you are engaged as a Permanent Employee, we may terminate your employment by giving you at least the Minimum Notice.
(b)
Casual Employees Given the nature of your employment, the Minimum Notice does not apply to you if you are engaged as a Casual Employee. Despite this, if you are a Long Term Casual Employee we will, subject to clause 10.2, ordinarily give you the Minimum Notice if we terminate your employment.
Summary termination
10.2
We may terminate your employment immediately by giving written notice to you and without being required to provide any compensation or payment in lieu of notice, if you do any of the following: (a) (b) (c) (d)
10.3
engage in serious or gross misconduct; breach a fundamental condition and/or commit a fundamental breach of the conditions of your employment; commit an act of fraud or dishonesty; engage in any conduct which, in our reasonable opinion, may injure our reputation or business; or
(e) fail or refuse to comply with a lawful direction given to you by us. Right of suspension We have the right to suspend you with pay for a reasonable period to allow us to investigate serious allegations of misconduct which may be made against you.
10.4
Termination or resignation by you
(a)
Permanent Employees If you are a Permanent Employee, you may resign from your Position by giving us the Minimum Notice. We may, at our sole discretion, accept a lesser period of notice. If you do not serve part or all of the notice period without our agreement, you will forfeit your right to be paid for that period of notice which you did not serve.
(b)
Casual Employees
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Given the nature of your employment, the Minimum Notice does not apply if you are a Casual Employee. Despite this, if you are a Long Term Casual Employee we will ordinarily expect that you give us the Minimum Notice if you resign from your Position. During notice
10.5
If notice of termination or resignation is given by you or by us under this Contract, we may (in our absolute discretion) during all or part of the notice period, direct you not to perform any duties, require that you not attend the Club, require that you not have any dealings with our suppliers or Members and/or change your duties. You will remain an employee during the notice period and agree not to commence work with any person during this time. 10.6
Abandonment of employment We will be entitled to conclude that you no longer intend to work for us and have abandoned your employment if you are absent from work for a period of five (5) consecutive work days without our written consent or without a reasonable cause.
10.7
Payment of entitlements The payment of all your accrued entitlements on termination of your employment (for any reason) will be made to you once you have complied with your obligations on termination which are set out in clause 10.8. Obligations on termination
10.8
On termination of your employment for any reason, you must immediately return to us all our property, documents and items relating to our business. This includes, without limitation, keys, passes, papers, manuals, information and software and other programs, records and documents and other equipment, information or materials in whatever form which relates to us, the Anytime Fitness business, our suppliers, our employees or Anytime Fitness Members.
11.
GENERAL
11.1
Miscellaneous (a)
Special Conditions Any additional conditions that apply to your employment are set out in the Special Conditions.
(b)
Variation of Contract This Contract may be varied as agreed in writing between you and us.
(c)
Severability The various provisions of this Contract are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction, then such invalidity or unenforceability shall not affect the remaining provisions.
(d)
Governing law This Contract is governed by the law in force in the state in which the Club is located.
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(e)
Entire agreement This Contract sets out the entire agreement between you and us regarding the matters set out in it.
11.2 Your acknowledgement
You acknowledge that you: (a)
have been advised of your right to take independent advice on the terms of this Contract;
(b)
have been given a reasonable opportunity to take that advice;
(c)
have read the terms of employment set out in this Contract and understand these terms and their implications; and
(d)
agree to be bound by these terms of employment.
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NEXT PAGE IS THE SIGNING PAGE -‐
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SIGNING PAGE Signed on behalf of the Employer in the ) presence of: ) ) ......................................................... Witness signature
......................................................... Print name of witness ......................................................... Date Signed by the Employee in the presence of:
............................................................ Signature ............................................................ Print name
) ) )
......................................................... Witness signature ......................................................... Print name of witness ........................................................ Date
............................................................ Signature ............................................................ Print name
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ITEM NO 1
SCHEDULE ITEM DESCRIPTION
DETAILS
Employer Name
2
Employee Name and Address
3
Position Capacity Manager Commencement Date Period of Probation Club Hourly Rate Annual Salary Payment Time Frame Other Benefits Minimum Notice
4 5 6 7 8 9 10 11 12
13
Benefit
Description
Period of continuous service
(For Permanent Employees and Long Term Casual Employees)
Not more than 1 year More than 1 year, but not more than 3 years More than 3 years, but not more than 5 years More than 5 years
Notice period 1 week 2 weeks 3 weeks 4 weeks
If you are over 45 years old and have completed at least 2 years' continuous service with us you are entitled to an extra week of notice
14 15 16
Restraint Area Restraint Period Special Conditions
_____ _____ Initials of both parties
IMPORTANT: PLEASE NOTE THE INSTRUCTIONS/SUGGESTIONS ON THE NEXT PAGE
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Schedule Completion – Notes:
1. Employer Name: Insert employer entity name as specified on the cover page.
2. Employee Name and Address: Insert employee name as specified on the cover page. Also insert employee address. 3. Position: Insert position in which the employee is to be employed.
4. Capacity: Specify if full-‐time or part-‐time Permanent Employee or a Casual Employee. If a part-‐time Permanent Employee, state the number of hours to be worked. (Note: part-‐time work is less than 38 hours a week).
5. Manager: Insert details of the person to whom the employee is to report (Title –eg Club Manager).
6. Commencement Date: Insert the date from which this contract is to apply.
7. Period of Probation: This is only to be used for new Permanent Employees “Not Applicable” for Casual Staff or for existing Permanent Employees who are migrating to a new contract.
8. Club: Insert the relevant club or clubs where the employee is to work.
9. Hourly Rate: This must be at least the minimum rates required under the Fitness Industry Award (which are varied every year). You can access a copy of the Award via:
Fitness Industry Award 2010 [MA000094] or http://www.fairwork.gov.au/AWARDS/MODERN-‐AWARDS/pages/default.aspx
To 1 July 2014: Please check with the Workplace Ombudsman on 13 13 94 for details as to the correct rates payable because the rates set out in the Award document may not actually apply yet (We are currently in a state of transition from a state based system to the national system with respect to pay. This will end in mid-‐ 2014). See:http://www.fairwork.gov.au/awards/modern-‐awards/Pages/phasing-‐ in-‐modern-‐award-‐pay-‐rates.aspx .
If using an Annual Salary, specify “Not Applicable”. 10. Annual Salary: Only for use with Permanent Employees. As with the Hourly Rate, the Annual Salary must be at least the minimum prescribed under the Fitness Industry Award pay rates. If using an Hourly Rate, specify “Not Applicable”.
11. Payment Time Frame: Insert how often the employee is to be paid – eg weekly or fortnightly. 12. Other Benefits: If not applicable, delete or state “Not Applicable”. If there is insufficient space, state “See Attachment 1” and set out the details on a separate page headed “Attachment X” (which must then be attached to this document).
13. Minimum Notice: Please note the minimum requirements.
14. Restraint Area: If you wish to include restraints, make sure they are reasonable and necessary to protect your legitimate interests. Otherwise, they will not be enforceable if you wish to try to enforce them. A 10 km radius of your club may be reasonable – there is, however, no guarantee that this will hold up. If no restraint is to apply, state “Not Applicable”.
15. Restraint Period: See above note. A reasonable restraint period may be somewhere between 3-‐6 months. Again, there is no guarantee that this will hold up. If there is to be no restraint state “Not Applicable”.
16. Special Conditions: Insert any special conditions that may be agreed. If none, state “Not Applicable”. If there is insufficient space, state “See Attachment Y” and set out the details in a separate page headed “Attachment 1” (which must then be attached to this document). 17. Signing: Please ensure that each party signs two copies of the contract (signing page) and initials the bottom of Schedule 1 and any attachments. One copy of the signed document should be given to the employee and the second should be retained by the employer. _____________________ Page | 20
