BASIC REQUIREMENTS FOR A CONTRACT OF EMPLOYMENT

The basic essential elements of a legally binding contract , of any type, are:

• offer and an acceptance;
• an intention by the parties to the contract to be bound;
• capacity of the parties contracting;
• consideration moving from the parties;
• lawful objects of the contract; and
• a stipulated place where the contract is considered formed.

INDUSTRIAL LEGISLATION - AUSTRALIAN WORKPLACE AGREEMENTS (AWAs) AND QUEENSLAND WORKPLACE AGREEMENTS (QWAs)

Under Commonwealth (Federal) law and Queensland (State) law an employee and employer can enter into what is known as workplace agreements.

AWA

Under Federal law certain employers and employees can enter into what are known as workplace agreements.

Australian workplace agreements are individual, written agreements as opposed to collective agreements between an individual employee and an employer governing the relation between an employer and employee.

QWA

Under Queensland law certain employers and employees can individually enter into what is known as a Queensland workplace agreement. QWA's are the State equivalent to the AWA's.

Not all employers can enter into QWA's. In some circumstances you may have to make an AWA under the Federal law even though you work in Queensland.

An employer of an employee employed in one of the following may not make a QWA with the employee:

1. Government Department.

2. Public servant.

3. A Government Agency.

4. An employee or officer of any State Court.

Read on about Employment Contracts.