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Term or clause Description Coniderations
Changes to role Explains that if the role, remuneration, duties or location change, the balance of written terms in the contract will continue to cover employment. This clause is important to convey the parties’ intention that the contract continues to govern the employment relationship despite changes to the role.
Over-award payments Enables over-award payments paid for ordinary hours worked, i.e. the difference between the statutory minimum wage and the actual wage paid to an employee, to go towards non-wage monetary entitlements, e.g. overtime and penalties. Unless the contract makes it clear that the over-award component paid for ordinary time can be applied in satisfaction of an obligation to pay overtime, penalties and allowances payable under the award, it cannot be so applied.
Policies Clarifies the status of company policies, e.g. by stating that employees are to comply with policies. You must consider whether policies are to form part of the employment contract. If not, any clause requiring compliance should be supplemented with an appropriate exclusionary provision.
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