Before commencing employment at a business, organisation or under an individual, an employment contract must be agreed to by both employer and employee. This employment contract may have had additional revisions, agreements or negotiated terms set out in full at signing. Still, after the past year, there may be specific issues or conditions that you’d like to amend before continuing with your employment. 

One such condition that you can negotiate with your employer is working remotely. 

Under the Fair Work Act, if you have been in your current position for longer than 12 months (and it is feasible for you to carry out your work responsibilities), you can seek to negotiate flexible working conditions. The National Employment Standards set out additional conditions for employers and employees to negotiate contract conditions and agreement.

You can make this request if you:

• Are the parent/responsible for the care of a child who is of school age or younger.
• Have a disability
• Are 55 or older
• Are currently experiencing violence from a member of their family
• Provide care or support to a member or their immediate family/household who requires care or support because they are experiencing violence from their family.

Other flexible working conditions that can be negotiated include:

• Changes in the hours that you work (reduction in hours worked
• Changes in the patterns of what you work (i.e. splitting shifts, job-sharing arrangements)
• Changes to the locations from which you work (such as working from home/another location/remotely)

Employers are not obligated to agree to these requests if there is reasonable grounds to do so. An employer may refuse these requests for more flexible working arrangements if: 

• It is too costly for the employer to accommodate them
• There is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested by the employee
• It is impractical to change working arrangements of other employees, recruit new employees or accommodate the new working arrangements requested by the employee.
• It results in a significant reduction or loss of efficiency or productivity.
• It would have a significantly negative impact on customer service.

Employers and employees should always discuss working arrangements and reach an agreement that balances both needs if possible. Always ensure that any agreements to conditions are noted in the amended contract and put in writing. Similarly, any refusals from employers must also be done in writing within 21 days of the proposed request. 

The Fair Work Commission is able to deal with disputes about reasonable grounds for denial but always discuss with your employer first whether there could be an alternative solution.

When entering a supply contract, it is extremely important to work out all the nuisances before signing to prevent complications down the road and make sure conditions are favourable for you. Here are a few key pointers to look out for in your supply contract.

Warranties

Warranties are promises within contracts to both parties that certain matters are correct and that certain criteria must be met for the supply of goods and services. Warranties can be expressly stated in a contract, whereby the virtues of particular products from a supplier are restated as warranties in a contract, and warranties are ensured by suppliers to be limited to those specifically stated in the contract.

Guarantee

A guarantee involves a third party, where they must honour the obligations of one of the involved parties in the event that they breach the contract. This offers protection for both contracted parties, almost like insurance in the case that something goes wrong. In some instances, personal guarantees involving personal assets may also be involved.

Risk and title

“Risk” refers to the responsibility for security and safety of goods that is passed onto the customer on delivery, while “title” refers to the legal ownership of goods which is not passed onto customers until a full payment is confirmed. You need to be aware of the differences between these two types of clauses so that the type and frequency of transactions between customers and suppliers can be determined.

Indemnity

Indemnity is a promise made from one party to protect the other from specified loss or damage. For customers, this means protection from damage arising from a breach of contract or the negligence of a supplier and vice versa for suppliers. Suppliers should also an insurance broker review their contract to ensure that there is adequate coverage for suppliers against claims under the indemnity clause from customers.

Defects liability period

The defects liability period is the period of time in which a customer can oblige suppliers to rectify any defects from goods or services performed. Customers need to ensure this period is long enough for any defects to be discovered or consider including a retention amount or some form of guarantee until the end of the period to act as a safeguard. On the other hand, suppliers need to agree on the period, reinstate the definition of “defect” and iron out any exceptions that may come as a result of customer misusage or negligence.

Limitation of liability

It is standard practice for both parties involved in a supply contract to limit their exposure liability and risk wherever possible. Suppliers in particular need to ensure that their contract excludes all implied warranties (where legally possible), reduces liabilities if a customer contributes to a failure to meet warranty and if a warranty is breached, removes liability for indirect loss of profits and limits aggregate liability to a numerical figure (e.g. a percentage).

Boiler plate clauses

These are standard administrative clauses at the end of a contract which outline legal terms such as:

• Forced Majeure ability to delay without penalty,
• Jurisdiction and laws that govern the contract,
• Transferrence of rights.

Reading any contract before you sign it is essential, but there are some things you should keep a special eye out for when signing an employment contract.

Award Coverage

You should always check that the salary you have agreed upon with your employer is on par with the award rates and no less. Double check what rates are associated with your position and clarify any concerns with your employer.

Restraint of trade

An employer may add a ‘restraint of trade’ clause to your contract. This may impact whether you can work in the same industry later on, so make sure that the employer hasn’t done this without first discussing the details with them first.

Changing terms of contract

Your employer may have added a clause which gives them the sole right to make any changes to the contract (such as duties, pay, seniority or location of work). Although employers should not be changing any terms and conditions in the contract without first notifying you, having this clause in the contract will make it more difficult for you to argue any changes. Check to make sure the employer doesn’t have sole ability.

Carefully read all aspects of the contract to make sure that they reflect national standards and any specific agreements you had made with your employer.