Why Employment Contracts Matter
While written employment contracts aren't legally required in Australia, they're essential for medical practices. A good contract:
- Clarifies expectations on both sides
- Protects confidential patient information
- Prevents disputes about entitlements
- Enables enforcement of post-employment restrictions
Essential Contract Elements
1. Position and Duties
Clearly define:
- Job title and reporting structure
- Key responsibilities and duties
- Hours of work and flexibility requirements
- Location(s) of work
2. Remuneration and Benefits
Specify:
- Base salary or hourly rate
- Superannuation contributions
- Bonuses or incentives (if applicable)
- Allowances (uniform, parking, etc.)
- Salary review provisions
3. Leave Entitlements
Cover all leave types:
- Annual leave (minimum 4 weeks)
- Personal/carer's leave
- Parental leave
- Long service leave
- Any additional leave provided
4. Confidentiality
Critical for medical practices:
- Define confidential information broadly
- Include patient information specifically
- Specify obligations during and after employment
- Address social media and communications
5. Restraint of Trade
Consider including:
- Non-compete provisions
- Non-solicitation of patients
- Non-solicitation of staff
- Reasonable geographic and time limits
Award Compliance
Most medical practice staff are covered by:
- Health Professionals and Support Services Award
- Nurses Award
Ensure contracts meet or exceed minimum award entitlements.
Common Mistakes to Avoid
- Using generic templates: Medical practices have specific requirements
- Ignoring awards: Contracts can't reduce award entitlements
- Unreasonable restraints: Courts won't enforce excessive restrictions
- Missing probation provisions: Include clear probation terms
- Unclear termination: Specify notice periods and grounds
Our Service
We prepare customised employment contracts for medical practices that:
- Comply with relevant awards
- Protect patient confidentiality
- Include appropriate restraints
- Reflect your practice's specific needs
Contact us for a contract package tailored to your practice.
Lukasz Wyszynski
Principal Solicitor
Expert in healthcare law with over a decade of experience helping medical practitioners navigate complex legal issues.