Speak Out December high low res draft 2017

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24 Speak Out December 2017
A contract is an agreement between two or more parties
to perform a service, provide a product or commit to an
act and is enforceable by law. There are several types of
contracts, and each have specific terms and conditions.
For a contract to be legally binding it must include an
offer and acceptance, an intention to create a legally
binding relationship and consideration – usually a form
of payment. If you are signing a contract you must have
legal capacity to enter a contract of your own free will, as
well as a proper understanding and consent of what is
involved.
There is no specific format that a contract must follow.
For speech pathologists a contract usually takes the
form of an Employment Agreement or an Independent
Contractors Agreement.
If you are producing a contract it is important that these
documents are properly developed. Do not be tempted to
use a proforma contract that will not protect the needs or
interests of either yourself or your staff.
If you are signing any contract you must have read and
understand the terms and conditions and understand
what you are consenting to. Too often individuals sign
contractual agreements only to realise what they have
actually agreed to when something changes in their
workplace.
If you don’t understand any part of the contract it is
important you ask questions and/or seek advice before
you sign it.
For more information contact Speech Pathology Australia
and/or read SPA’s FAQ Employment/contractor
Contracts for Private Practice
SPA members can also obtain free initial advice about
contracts and other employment issues for both private
and public sectors from WorkPlacePLUS.
For a fee, WorkPlace PLUS can also develop contracts
for your business. Please call Anna Pannuzzo on 0419
533434.
Nichola Harris
Acting Senior Advisor, Professional Practice
in practice
Contracts
Do you know what’s in yours?
SPEECH PATHOLOGY AUSTRALIA STAFF RECEIVE MANY QUESTIONS ABOUT EMPLOYMENT CONTRACTS FROM POTENTIAL
EMPLOYEES AND BUSINESS OWNERS.
“You must read
and understand
the terms and
conditions and
understand
what you are
consenting to...”
The contract should include:
• commencement date of employment;
• the employee’s duties;
• how many hours they will work;
• the days they will work;
• where they will work;
• how much they will be paid;
• their employment status;
• their employment conditions, including leave and other
entitlements; and,
• whether an industrial award or collective agreement
covers the employment. The modern award that covers
ALL speech pathologists and outlines the minimum
conditions of employment in Australia is the Health
Professionals and Support Services Award.
You should also consider:
• the position and duties of the employee;
• the remuneration package, (e.g. use of a vehicle);
• if a trial period or probationary period applies;
• measures to protect the employer’s business e.g.
confidentiality, intellectual property;
• provision of supervision and performance appraisal
(and the frequency of this) – For more details see SPA’s
Position Statement on Professional Support and the
Supervision Standards;
• termination of employment (notice, summary dismissal
and redundancy);
• the application of policies and procedures;
• requirement to complete pre-existing injury declaration;
• process for review of contracts and amendments to
contracts;
• use of and return of property to the practice post-
employment;
• exclusive service clause; and,
• restraint of trade clause post-employment.