1.1 Council is responsible to ensure that you are legally eligible to work in Australia. To be legally eligible to work in Australia you must be an Australian citizen; Australian permanent resident; or otherwise hold a valid Visa entitling you to work in Australia.
1.2 By signing this contract, you warrant that you are legally eligible to work in Australia. You agree to provide Council with any documentation that it requires from you, at any time, to prove that you are eligible to work in Australia.
1.3 You must ensure that you remain legally eligible to work in Australia throughout the period of your employment with Council.
1.4 If you, for any reason, become ineligible to work in Australia, or changes occur to a Visa that applies to you and in any way affects your ability to work in Australia, you must notify Council immediately.
1.5 Council may terminate your employment if, at any time during your employment, you are not legally eligible to work in Australia or changes occur to a Visa that applies to you which effects your ability to undertake your duties under this contract of employment.
2.1 In addition to your ordinary hours of work, you will be required to work such reasonable additional hours as may be necessary to fulfil the requirements and expectations of your position.
2.2 Your remuneration under this contract compensates you for all hours worked including the ordinary hours and any reasonable additional hours.
3.1 During the course of your employment with Council you must:
4.1 You warrant that:
4.2 Without limiting the circumstances in which Council may terminate your employment, you understand that any breach of the provisions of this clause will provide Council with grounds to terminate your employment.
11.1 You shall:
11.2 Council shall provide adequate resources to enable you to carry out the responsibilities specified above and you shall carry out these responsibilities within the resources determined by Council.
11.3 The responsibilities and performance measures may be varied from time to time by agreement between your Team leader and you, such agreement not to be unreasonably withheld by you.
13.1 The salary payable for the position is set out in your letter of offer.
13.2 The salary component of your remuneration (less deductions and taxation instalments that Council is legally required to deduct) will be paid to you weekly by electronic funds transfer to a bank account nominated by you.
13.3 In addition to your salary you will be entitled to superannuation in accordance with the Superannuation Guarantee (Administration) Act 1992 (SGAA).
14.1 This contract may be terminated before the termination date in the event of any of the circumstances specified in this clause:
14.2 This contract and your employment under the contract shall cease at close of business on the termination date.
14.4 Upon termination of employment for any reason you shall immediately return to the Council all property of the Council.
15.1 You must keep such records of expenses, travel and motor vehicle use as required by Council from time to time.
15.2 You will be reimbursed for expenses properly incurred on Council business, subject to authorisation by Council of this expense being incurred in advance or as set out in Council’s policies as amended from time to time.
15.3 If Council provides you with a credit card, the card must only be used for expenses incurred on Council business and not for any other expenses.
15.4 You must immediately return the credit card to Council on request from Council.
15.5 You shall comply with Council’s expense and credit card policies as varied from time to time by Council.
16.1 Any literary work, computer program, invention, design, patent, copyright, trademark, improvement or idea developed by you during this contract in the course of employment is the sole property of Council and Council shall unless otherwise agreed have the exclusive right to use, adapt, patent and otherwise register it.
16.2 You shall immediately disclose to Council any literary work, computer program, invention, design, patent, copyright, trademark, improvement or idea developed by you following the commencement of this contract to enable Council to ascertain whether it was discovered, developed or produced wholly outside and wholly unconnected with the course of employment.
16.3 You hereby assigns to Council by way of future assignment all copyright, design, design right and other property rights (if any) in respect to any literary work, computer program, invention, design, patent, copyright, trademark, improvement or idea developed by you in the course of employment.
16.4 You agrees that he/she will at the request and expense of Council complete all necessary deeds and documents and take all action necessary to vest any literary work, computer program, invention, design, patent, copyright, trademark, improvement or idea developed by you in the course of employment and obtain for Council the full benefit of all patent, trademark, copyright and other forms of protection throughout the world.
17.1 Except so far as is required for the proper performance of your duties under this contract or as authorised by Council or as required by law, you shall not at any time during, nor at any time after the termination of this contract, communicate or divulge to any unauthorised person or make use of any confidential information and shall use your best endeavours to the prevent the disclosure, publication or unauthorised use of such confidential information.
17.2 For the purposes of this clause "confidential information" shall include but is not limited to:
18.1 Any variation to this contract shall be by agreement and in writing and signed by the parties.
19.1 The failure of either party to enforce at any time any provisions of the contract or any right under the contract or to exercise any election in the contract shall in no way be considered to be waiver of such provision, right or election and shall not affect the validity of the contract.
20.1 Any notice or notification required under the contract shall be in writing addressed to the party at the party's address specified in the contract or to such other address as may be advised by either party to the other from time to time in writing.
21.1 If reading down a provision of the contract would prevent the provision being invalid or voidable it shall be read down to the extent that it is necessary and capable of being read down.
21.2 If a provision of the contract is nevertheless invalid or voidable and, the provision would not be invalid or voidable if a word or words were omitted, then that word or those words will be omitted and, in any other case, the whole provision shall be deleted, and the remainder of the contract has full force and effect.
23.1 The terms of this contract shall represent the entire terms of all agreements and understandings between Council and you for the provision of services by you to Council. You specifically acknowledge that all representations made, undertakings given and agreements reached between Council and you prior to the date of this contract are hereby expressly negated and are not relied upon, to the extent that the terms as contained in this contract shall represent the entire agreement between the parties.
23.2 You acknowledge that you have been provided with the opportunity to seek independent legal advice prior to the execution of this contract. You also acknowledge that Council, its officers or representatives have not made any promise, representation or inducement to you or been party to any conduct material to the entering into of this contract other than as set out in this contract and you are aware that Council is relying on this acknowledgement in executing this contract.