Speak Out December 2017

“You must read and understand the terms and conditions and understand what you are consenting to...”

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.

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

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 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. ALL speech pathologists and outlines the minimum conditions of employment in Australia is the Health Professionals and Support Services Award.

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December 2017 www.speechpathologyaustralia.org.au

Speak Out