Employment contract, Operations Coordinator

Employment contract

A full time ongoing contract for an operations coordinator on $86,000 plus $10,320 of superannuation. Eleven numbered clauses, a leave table drawn from the National Employment Standards, and a notice table that scales with service.

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Employment contract · Waverley Foods Pty Ltd · ABN 47 118 336 205 · confidentialPage 2 of 9
Employment contract · Waverley Foods Pty Ltd · ABN 47 118 336 205 · confidentialPage 3 of 9
Employment contract · Waverley Foods Pty Ltd · ABN 47 118 336 205 · confidentialPage 4 of 9
Employment contract · Waverley Foods Pty Ltd · ABN 47 118 336 205 · confidentialPage 5 of 9
Employment contract · Waverley Foods Pty Ltd · ABN 47 118 336 205 · confidentialPage 6 of 9
Employment contract · Waverley Foods Pty Ltd · ABN 47 118 336 205 · confidentialPage 7 of 9
Employment contract · Waverley Foods Pty Ltd · ABN 47 118 336 205 · confidentialPage 8 of 9
Employment contract · Waverley Foods Pty Ltd · ABN 47 118 336 205 · confidentialPage 9 of 9

This agreement is made between Waverley Foods Pty Ltd, ABN 47 118 336 205, of 3 Kembla Street, Marrickville NSW 2204, called the Employer, and Nadia Kouri of 118 Addison Road, Petersham NSW 2049, called the Employee.

The Employee is employed as Operations Coordinator and reports to the Operations Manager. The position description attached as Schedule 1 describes the duties and is a guide to the role rather than a limit on it.
The Employee will perform the duties of the position and any other reasonable duties within their skill and competence, will follow lawful and reasonable directions, and will act in the best interests of the Employer during working hours.
The usual place of work is the Marrickville site. The Employer may change the place of work to another site within reasonable travelling distance on four weeks written notice, after discussing the change with the Employee.
The Employee may hold other paid work provided it does not conflict with this role, does not use the Employer confidential information, and does not affect the performance of these duties. The Employee will tell the Employer in writing before starting any such work.
Employment begins on Monday 5 October 2026 and continues until ended under clause 9. It is full time and ongoing, not for a fixed term.
This agreement depends on the Employee holding the right to work in Australia for the whole of the employment and providing evidence of it before the start date. Employment does not begin, and no pay accrues, until that evidence is provided.
Ordinary hours are 38 a week, worked Monday to Friday between 7am and 5pm, with a start and finish agreed with the Operations Manager. An unpaid meal break of at least thirty minutes is taken after no more than five hours of work.
The Employee may be asked to work reasonable additional hours. The salary in clause 4.1 compensates for those hours, and no separate overtime is payable. What is reasonable takes account of the notice given, the Employee personal circumstances, the risk to health and safety, and the needs of the site.
Requests to change hours, patterns or location are considered on their merits. An eligible employee may make a formal request for a flexible working arrangement, and the Employer will respond in writing within twenty one days.
The base salary is $86,000 a year, paid fortnightly in arrears into a nominated account, less tax required to be withheld. The salary is inclusive of any allowance, loading or penalty that would otherwise be payable under an applicable industrial instrument.
The Employer pays superannuation contributions at the rate required by law, which is twelve per cent of ordinary time earnings. On the salary above that is $10,320 a year, taking the total package to $96,320. Contributions go to a fund of the Employee choosing, or to the Employer default fund where no choice is made.
The Employer will check the salary against the applicable modern award at least once a year, and on every change to the award, so that the Employee is not worse off in any pay period than they would be under the award. Where a shortfall appears it is paid as a top up in the next pay run.
The salary is reviewed each year, effective 1 July, taking account of performance, the market and the Employer position. A review does not guarantee an increase.
The Employer may only deduct an amount from pay where the Employee has authorised it in writing and it is principally for the Employee benefit, or where a law or a court order requires it.
Annual leave is taken at a time agreed with the Operations Manager and requested at least four weeks in advance where possible. Leave must not be unreasonably refused. Personal leave requires notice as soon as practicable and evidence of illness or injury after two consecutive days or where a pattern emerges.
Where more than eight weeks of annual leave has accrued, the Employer and the Employee will meet to agree a plan to reduce it. The Employer may direct that leave be taken where the accrual remains excessive and the direction is reasonable.
The first six months are a probation period during which suitability for the role is assessed. Feedback is given at four weeks, three months and five months, in writing.
During probation either party may end the employment on one week written notice, or payment in lieu of that notice by the Employer. All other terms of this agreement apply in full during probation, including leave accrual.
The Employee will comply with the Employer policies as changed from time to time. Those policies do not form part of this agreement, are not contractual promises, and may be varied by the Employer without varying this agreement.
The Employee will take reasonable care of their own health and safety and that of others, follow the site food safety and manual handling procedures, and report any incident, hazard or near miss on the day it happens.
The Employee will disclose in writing any interest that conflicts, or might reasonably appear to conflict, with the interests of the Employer, including a financial interest in a supplier or a customer and a close personal relationship with a person in the reporting line.
Confidential information includes recipes and formulations, supplier pricing and terms, customer lists and volumes, production yields, and anything marked or reasonably understood to be confidential. It does not include information that is public through no breach by the Employee, or that the Employee can show they already knew.
Confidential information is used only for the Employer business, is not disclosed to anyone outside the Employer without authority, and is returned or deleted on request and on the last day of employment. This obligation continues after the employment ends.
Intellectual property created by the Employee in the course of employment belongs to the Employer as it is created. The Employee will do what is reasonably needed to record and register that ownership, at the Employer cost, during and after the employment.
After probation, either party may end the employment by giving the written notice in the table above. An employee over 45 with at least two years of continuous service receives one additional week from the Employer. The Employer may pay in lieu of all or part of the notice.
The Employer may end the employment without notice for serious misconduct, which includes theft, fraud, assault, being intoxicated at work, and a refusal to carry out a lawful and reasonable instruction that is part of the job.
Where the position is no longer required, the Employer will consult, consider redeployment, and pay redundancy pay in accordance with the National Employment Standards in addition to the notice above.
During any notice period the Employer may direct the Employee not to attend work, or to perform different duties, while continuing to pay the salary and benefits in full.
For six months after the last day, the Employee will not solicit or accept business from a customer they dealt with in the last twelve months of employment, in competition with the Employer.
For six months after the last day, the Employee will not entice away an employee of the Employer with whom they worked. This does not stop a general advertisement, or a person applying of their own accord.
Each restraint in this clause is separate. If a court finds one unreasonable, it is severed and the remaining restraints continue to apply. The Employee acknowledges the restraints are limited to what is needed to protect the Employer legitimate interests.
This agreement and its schedules are the whole agreement about the employment and replace anything said or written beforehand, including the offer letter and any statement made in interview.
This agreement may be varied only in writing signed by both parties. A change of duties, hours or reporting line inside the role does not require a new agreement.
The laws of New South Wales apply, and the Fair Work Act 2009 applies to the employment.
This agreement may be signed in counterparts and by electronic signature, and a signed electronic copy has the same effect as an original.

The Employee confirms they have read this agreement, have had the chance to ask questions and to obtain independent advice, and accept the position on these terms. The Fair Work Information Statement and the position description at Schedule 1 have been provided.

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Section by section

What each section is for, so you can keep the ones you need and drop the rest.

Cover
The role, both parties, the employment type and the start date on one page.
Contents
Eleven clause groups with their numbers, so a reader can go straight to pay or termination.
Parties and headline terms
Both legal entities with addresses, then base salary, superannuation, ordinary hours and start date as figures.
1. The job
Position and reporting line, duties, place of work with a change mechanism, and the rule on other paid work.
2. When it starts and how long it lasts
Commencement, the ongoing nature of the role, and right to work evidence as a condition of starting.
3. Hours of work
Thirty eight ordinary hours, the reasonable additional hours position, and the flexible working request process.
4. Pay and superannuation
Salary, twelve per cent superannuation with the total package, the annual award comparison, review and deduction rules.
5. Leave
A seven row table of entitlements plus clauses on requesting leave and on excessive annual leave accrual.
6. Probation
Six months with a written feedback schedule and a one week notice period on either side.
7. Policies and conduct
Policies as directions rather than contract terms, work health and safety duties, and conflict of interest disclosure.
8. Confidential information
What is confidential, what is not, the return obligation and ownership of intellectual property created at work.
9. Ending the employment
The notice table, summary dismissal grounds, redundancy consultation and the garden leave right.
10. After the employment ends
Six month non solicitation of customers and staff, with a severability clause on reasonableness.
11. General and execution
Entire agreement, variation, governing law, electronic signature, and signature blocks for employer and employee.

What makes this document work

Leave is a table, not a paragraph

Seven entitlements with the amount and a note on each, including which ones are paid out on termination and which are not. That single table answers most of the questions a new employee actually has about the contract.

The notice period scales and says so

Four service bands from one to four weeks, plus the extra week for an employee over forty five with two years of service. Printing the table means neither side has to look it up when the relationship ends.

It states which parts cannot be reduced

A callout says the ten minimum standards apply regardless, that a term giving less is replaced by the standard, and that the rest of the agreement continues. The contract also commits to an annual check against the applicable award.

Questions people ask

What has to be in an Australian employment contract?

The parties, the position, whether it is full time, part time or casual, the hours, the pay and superannuation, the leave entitlements, notice of termination, and any confidentiality or intellectual property terms. Minimum standards apply whether or not the contract mentions them.

Can a contract reduce a minimum entitlement?

No. Where a term gives less than the National Employment Standards, the standard applies instead and the rest of the agreement continues. This contract says so in a callout rather than leaving it to be discovered.

How long can a probation period be?

Probation is a contractual arrangement rather than a statutory one, and this contract sets six months with written feedback at four weeks, three months and five months. All other terms, including leave accrual, apply in full during it.

Are restraint clauses enforceable?

Only so far as they protect a legitimate interest. This contract keeps them to six months and to customers the employee actually dealt with, makes each restraint separate so one can be severed, and does not attempt a general non compete.

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