Sample Teacher Contract

TEACHER CONTRACT 1
Sample Contract of Employment for a

Teacher Employed Pursuant to the
Educational Services (Teachers) Award 2010
Who is this sample contract of employment suitable for?
This contract is suitable where an early childhood, primary or secondary teacher’s

employment is regulated by the Educational Services (Teachers) Award 2010 (the Award).
This contract is not suitable:

 where employment is regulated by a pre-reform certified agreement or an Australian
Workplace Agreement made prior to 27 March 2006, or
 where employment is regulated by a workplace agreement made on or after 27 March
2006, or
 where employment is regulated by an enterprise agreement made on or after 1 July
2009 (probably a Fair Work agreement, but possibly a bridging period WorkChoices
agreement).
 for an early childhood teacher employed under Schedule B to the Award, where the
early childhood teacher is employed by a children’s service which provides services
over 48 weeks or more.
This contract of employment refers to the Award and to the National Employment Standards
of the Fair Work Act 2009 (Cth).
How should this sample contract be used?
Comments to assist Member Schools to construct the contract of employment are included in
this cover page, as footnotes or as red bracketed text. The cover page, footnotes, red text and
footers should not be included in the employee’s contract of employment.
This sample contract of employment is regularly revised. To ensure that contracts of

employment are developed from the current version of this document, it is recommended that
Member Schools regularly consult the Employment Relations section of the Independent
Schools website at http://www.is.vic.edu.au.
Member Schools must provide teachers employed pursuant to the Award with access to the
Award and to the National Employment Standards. The Fair Work Information Statement also
needs to be issued to all new employees; either with the offer of employment, or as soon as
possible after the commencement of employment.
Important Disclaimer
The sample contract of employment has been drafted to assist Member Schools to develop a contract of
employment based upon the Educational Services (Teachers) Award 2010. This contract does not
purport to be an exhaustive statement of all the terms and conditions of employment of the Award.
Member Schools using this sample contract to develop an employer-specific contract of employment
should delete, amend and add relevant information to meet the employer’s specific obligations,
requirements and practices.
Member Schools are encouraged to obtain advice about the conditions of employment offered to
employees from an appropriate source. For example, information is available by contacting an
Employment Relations staff member.
This sample contract of employment is provided to Member Schools as a guide only, without
Independent Schools Victoria. assuming responsibility at law or a duty of care.
Sample Teacher Contract of Employment - Educational Services (Teachers) Award 2010 Page 1
© Independent Schools Victoria – August 2016
Copyright
Copyright © Independent Schools Victoria
Member Schools of Independent Schools Victoria are free to amend and/or reproduce all or part of this
document in the context of developing contracts of employment for their employees.
In all other circumstances, no part of this document may be amended, reproduced or transmitted in any
form or by any means, electronic or mechanical, including photocopying, recording or by any information
storage or retrieval system without prior permission of Independent Schools Victoria.
Sample Contract of Employment for a Teacher (early childhood1, primary or
secondary) - employed pursuant to the Educational Services (Teachers) Award
2010
[name]
[address]
[date]
Dear [insert name of prospective teacher]
Offer of employment
I am pleased to offer you employment with [insert name of School] as a [insert

description, e.g. early childhood teacher, primary teacher, secondary teacher, or
relevant title if the person will have a position of responsibility] on the terms included
in this letter.
[Insert general/school position details]
The attachments to this letter provide information about the position, remuneration,
general requirements and the conditions of employment. Please read the
attachments carefully. Any questions may be directed to [insert details].
If you wish to accept this offer of employment on the terms set out in this letter and its
attachments, then please sign the note of acceptance below and return the attached
copy of this letter, together with a signed copy of Attachments 6, 7 and 8 to [insert
name of person] by [insert expiry date of the offer]. Please retain a copy of each
document for your own records.
Yours sincerely
[Name]
[Position]
Attachments:
1 Employment entitlements
2 Position details
3 Position description
4 Remuneration
5 General employment requirements
6 WorkCover Employee Declaration Form
7 Confirmation of right to work in Australia2
8 (8A) Code of Conduct / (8B) Statutory Declaration (Child Safe Standards)3
9 Fair Work Information Statement4
1
This contract of employment is not suitable for an early childhood teacher employed under
Schedule B to the Award in an early childhood service providing services over 48 weeks or more.
2
It is the employer’s obligation to satisfy itself that an employee has the right to work in Australia.
As It may be seen as discriminatory to only ask some people to confirm their right to work in
Australia, employers may like to consider including this attachment for all employees.
3
In line with the Victorian Child Safe Standards, an employer may consider requiring a
prospective employee to complete a statutory declaration regarding their suitability to perform child
connected work and/or sign a Child Safety Code of Conduct. Adjust reference to meet requirements.
4
The Fair Work Information Statement must be provided to new employees before, or as soon
as practicable after, employment commences. Attachment 9 can be replaced by a link in Attachment
1.
Acceptance
I, [insert full name] confirm that I have had an opportunity to consider the terms of
this offer of employment. I accept the offer of employment
Signature: ……………………………………………………… Date: …………………….
ATTACHMENT 1
EMPLOYMENT ENTITLEMENTS
The Educational Services (Teachers) Award 2010 (the Award) and the National
Employment Standards (NES) of the Fair Work Act 2009 (Cth) apply to your
employment. The entitlements under the Award and the NES do not form part of
your contract of employment as they apply as a matter of law.
NES
The NES are specified in Part 2-2 (ss.59-131) of the Fair Work Act 2009 (Cth). In
summary, the NES specify the minimum standards in relation to:
1. maximum weekly hours of work (ss.62-64)

2. the right to request flexible working arrangements (ss.65-66)
3. parental leave and related entitlements (ss.67-85)
4. annual leave (ss.86-94)
5. personal / carer's leave and compassionate leave (ss.95-107)
6. community service leave (ss.108-112)
7. long service leave (ss.113-113A)
8. public holidays (ss.114-116)
9. notice of termination and redundancy pay (ss.117-123)
10. a 'Fair Work Information Statement' for all employees that make clear their
rights and entitlements under the new system and how to get advice and help
(ss.124-125)
The NES may be accessed from [insert details]5
Award
The Award specifies, inter alia, the following conditions:
1. classifications and minimum wages

2. type of employment, such as full-time employment, casual employment, regular
part-time employment, fixed term employment, 3. hours of work, including
the averaging arrangement, and breaks
4. annual leave and annual leave loading, including arrangements for taking leave
5. allowances
6. termination of employment
7. superannuation
8. procedures for award flexibility, consultation regarding major workplace
change, changes to rosters or hours of work and dispute resolution
The Award may be accessed from [insert details]6
5
Under clause 5 of the Award, the employer is required to provide employees with access to the
NES and the Award. A link to www.fwc.gov.au could be provided on the School’s website, an extract
of the NES provisions could be stored on the School’s intranet (provided the extract is updated for
subsequent changes to the NES) or a paper copy could be provided in particular locations around
the school, which must be easily accessible to all employees.
6
Refer to Footnote 5.
NES and Award
The Award may provide an entitlement not provided by the NES or may vary an
entitlement provided by the NES. The Award applies where the entitlement is
different from the NES. Together, the NES and the Award provide the minimum
conditions of employment
In summary, in relation to leave, the School will grant leave – including annual leave,
long service leave, personal/carer’s leave, compassionate leave, parental leave and
other leave – as relevant to the employee’s contract of employment, in accordance
with the Award and legislation in place from time to time [if additional leave
entitlements are provided by the School, this paragraph may need to be altered].
Additional (or Other) Conditions of Employment7
The School provides the following conditions of employment:
[List additional conditions provided by the School – noting that these will become
contractual entitlements]
7
The employer may wish to specify additional or other terms and conditions of employment in
this contract. If additional or other terms or conditions of employment are placed in this contract, then
they become contractual terms. It may be preferable to place additional conditions in a policy,
particularly if there will be discussions to develop an enterprise agreement. An enterprise agreement
will not necessarily change contractual conditions of employment if the contractual conditions are
more favourable to the employee than those contained in the enterprise agreement. If it is possible
that an enterprise agreement will be developed and the conditions of employment may change, then
the following paragraph may be preferable:
The School provides the following conditions of employment, subject to any variations
necessitated by an enterprise agreement:
ATTACHMENT 2
POSITION DETAILS
Period of employment
Choose one of the following options:
Option 1 – Continuing employment
Employment will commence on [specify date]. Continuing employment is subject to

performance and conduct being satisfactory during the minimum employment period,
defined as six months8 by the Fair Work Act 2009 (Cth). Performance and conduct
management processes do not apply during the minimum employment period.
Employment is subject to the Termination of Employment provisions of the Award.
Option 2 – Fixed term employment9
Employment is offered for a fixed term and will commence on [specify date] and
terminate on [specify date]. Continuing employment is subject to performance and
conduct being satisfactory during the minimum employment period, defined as six
months10 by the Fair Work Act 2009 (Cth). Performance and conduct management
processes do not apply during the minimum employment period. Employment may
be terminated by you or the School during or at the end of the minimum employment
period.
Employment is subject to the Termination of Employment provisions of the Award.
Include the following statement in order to make the appointment a maximum term:
Fixed term employment is offered to [specify reason from the following options]11
8
If the employment of an employee is terminated by an employer within the first six months of
employment (the minimum employment period), then the employee is not permitted under the Fair
Work Act 2009 (Cth.) (FW Act) to make an unfair dismissal claim. If the employer employs less than
15 employees, then employment may be terminated by the employer within the first 12 months of
employment without the employee being permitted to make an unfair dismissal claim. If a minimum
employment period of 12 months applies, then please replace ‘six months’ with ‘12 months’.
9
A true ‘fixed term employment’ engagement does not include ‘notice of termination’ provisions
in a contract of employment and means the employee cannot bring an unfair dismissal claim if
employment is terminated prior to the end of the fixed term. However, the employer may still be liable
to pay out the remainder of the fixed term contract if employment is terminated prior to the cessation
date of the contract. Where a fixed term appointment is subject to ‘notice of termination’ provisions
this effectively becomes a ‘maximum term’ placement. Although this affords the employer flexibility in
bringing the contract to an early end without paying out the full contact, it means the appointment is
a not a true ‘fixed term’ appointment and an employee could, therefore, make a claim for unfair
dismissal.
10
Refer to footnote 8.
11
Clause 10.6 of the Award limits the circumstances in which fixed term appointments may be
made. The maximum term of appointment is 12 months, except that where the replacement leave
arrangement extends beyond 12 months, the fixed term appointment may be extended for a further
12 months (maximum of 24 months). The Award requires the employer to specify the reason for the
fixed term appointment,
Option A - undertake a specified project for which funding has been made available
[insert name of project].
Option B - undertake a specified task which has a limited period of operation. The
specified task is [insert task].
Option C - replace a teacher whose employment has terminated after the

commencement of the school year.
Option D - replace a teacher who is on leave [insert type of leave other than parental
leave, e.g., sick leave, LSL etc].
Option E - replace a teacher who is on parental leave. In the event that the teacher
on parental leave wishes to return to work earlier than the conclusion of the specified
period of parental leave, the term of your appointment may be reduced to coincide
with the teacher’s early return to work. In such circumstances, seven term weeks’
notice, or payment in lieu, will be provided to you.
Employment fraction
Option 1 – Full-time position
This position is full-time. Upon commencement of employment, your face-to-face

teaching load will be [insert number of hours] per week, although you may be
required to teach in excess of that load from time to time.
Class allocations and other duties may be varied by the School in accordance with
operational requirements.
Option 2 – Part-time position
This position is part-time. Upon commencement, your part-time employment fraction

will be [insert percentage] %, which provides for a face-to-face teaching load of
[insert number of hours] per week. From time to time, you may be required to teach
in excess of that load.
Class allocations, other duties, the employment fraction and the days you work may
be varied by the School in accordance with operational requirements.
Duties performed, in addition to teaching and teaching-related responsibilities, will

generally be in proportion to your teaching load.
Duties12
12
This is an example of the duties commonly expected of a teacher. The duties should be
amended to suit the particular circumstances.
In all matters concerning your employment, you will be responsible to the Principal.
However, the Principal may delegate his/her authority and duties from time to time to
another employee. You may be required to report to the Principal’s delegate.
The Principal and/or the Principal’s delegate will determine your duties, including the
classes that you will be required to teach and will advise you of changes to your
duties from time to time. Your duties upon commencement are those set out in the
[insert name of document], which is Attachment 2.
In addition to face-to-face teaching duties and related duties, you will have other
duties, including but not limited to staff meetings, open/information days/nights,
professional development activities, meetings with parents, parent/teacher nights, the
pastoral care program, co-curricular responsibilities, the outdoor education and
camps programs, and [insert other required duties].13
Some duties will need to be performed at times other than during the school day or
when students are in attendance, including during non-term weeks and on
weekends.
Your duties may be varied by the School from time to time in accordance with the
School’s operational requirements.
Location14
Upon commencement, you will be employed at [specify location]. However, please

note that in the future you may be required to perform part or all of your work at other
locations.
Occupancy of school premises [include only if applicable]15
As part of your role at the School, you will be accommodated at [specify location]
[specify duration, e.g., ‘during school term time’]. The terms under which this
accommodation is provided to you are specified in separate documentation. The
School is not bound by an acceptance of this offer of employment until the separate
accommodation agreement has also been completed.
Termination of employment
In accordance with the Award, termination or resignation requires the provision of

seven (7) term weeks’ notice in writing.
In the event that you do not provide the required period of notice, the School is
entitled to withhold from any monies owing to you an amount equal to the
13
Where an employer provides teachers with a job description upon engagement, it may be
appropriate to refer to an attached job description.
14
This section is likely to be only relevant for multi-campus schools. Please delete this provision
if it is not relevant.
15
An accommodation licence is available from Independent Schools Victoria where
accommodation is being provided by the employer to a teacher. The provision of accommodation
may be associated with the specific nature of the teacher’s duties (e.g., the teacher works at a
residential campus or the teacher has responsibilities for the boarding house) or as a component of
the teacher’s remuneration package.
remuneration that you would have earned for the number of weeks or days of the
notice period that you did not work.
The School may elect to provide payment in lieu for all or part of the notice period.
Notice or payment in lieu of notice will not be given where employment is terminated
for serious misconduct.
ATTACHMENT 3
POSITION DESCRIPTION
[Insert position description]
ATTACHMENT 4
REMUNERATION
Salary
Option 1 – Full-time teacher
Upon commencement, your classification will be [insert level] and your full-time
salary will be $[specify annual salary] annually.16 This rate of pay has been
determined in accordance with information17 you have provided concerning your
qualifications and experience.
Option 2 – Part-time teaching position
Upon commencement, your classification will be [insert level].
Based on your part-time fraction your salary upon commencement will be $[specify
annual salary] annually.18 This rate of pay has been determined in accordance with
information19 you have provided concerning your qualifications and experience.
Responsibility allowance20
In addition to the salary stated above, you will also receive a $[insert amount] annual
responsibility allowance for undertaking the role of [specify role]. This allowance
remains payable whilst you continue to hold this position of responsibility. [Insert any
conditions such as limited tenure, appraisal arrangements, etc.]
Payment arrangements
Your salary will be paid by [cash, cheque, or direct transfer to your nominated
financial institution account] on a [fortnightly / four weekly / monthly] basis.
Remuneration Packaging
Upon receiving a written election for a remuneration packaging arrangement from

you and provided there is no additional cost to the School, the School is prepared, to
16
Where teacher salaries include an additional annualised component for annual leave loading
(i.e., salary is increased by 1.342% over the whole year) this should be specified in the contract of
employment. For example, “Upon commencement, your full-time salary will be $ _________
annually, inclusive of annual leave loading.”
17
If the employer wishes to rely upon the information provided by the employee, then it would be
appropriate to refer to the person’s qualifications (e.g., 4 year trained or 5 year trained) and the years
of teaching experience, which determine the employee’s salary under the Award.
18
Refer to comments in footnote 16.
19
Refer to comments in footnote 17.
20
Delete this section if not relevant.
offer you the opportunity to receive part of your remuneration in the form of non-cash
benefits in line with School policy, legislation and Australian Taxation Office rulings
until otherwise advised.
Any arrangement between the School and yourself in relation to remuneration

packaging will be entered into by way of a subsidiary agreement varying your
conditions of employment.
Superannuation
An employer superannuation contribution of [nominate percentage] per cent of

ordinary time earnings will be made to a complying superannuation fund of your
choice, provided the School is not required to become a participating employer.
Should you not nominate a complying superannuation fund for this purpose, the
contribution will be made to [insert name of default fund, in accordance with clause
18.4 of the Award].
ATTACHMENT 5
GENERAL EMPLOYMENT REQUIREMENTS21
Teacher registration
A person must not teach in a Victorian school unless the person has registration (or
permission to teach) with the Victorian Institute of Teaching.
This offer of employment is conditional upon you supplying a copy of the

documentation verifying your registration with the Victorian Institute of Teaching or,
where appropriate, documentation verifying that you have permission to teach.
The School is not bound by an acceptance of this offer of employment until you
provide evidence that you are registered with the Victorian Institute of Teaching.
Should evidence of your current registration with the Victorian Institute of Teaching
not be received by [specify date], or a revised date as determined by the School, the
School reserves the right to withdraw this offer of employment.
Your employment is conditional upon you retaining teacher registration with the
Victorian Institute of Teaching. In the event that registration is not maintained, then
the School reserves the right to terminate your employment without notice.
Child Safe Standards [optional]
The School is committed to ensuring child safety. The School has zero tolerance for
child abuse and will treat very seriously all allegations and concerns. In line with this
commitment to child safety, the School has put in place policies and procedures to
uphold the Victorian Child Safe Standards. These standards aim to promote child
safety, prevent child abuse and set up processes to properly respond to allegations
of child abuse.
[optional] At the time of accepting this offer of employment, please sign and return
the Child Safety Code of Conduct (Attachment 8A).
To reduce the risk of child abuse, the School has implemented selection and
recruitment practices to assess a person’s suitability to perform child-connected
work. As part of this, the School requires you to complete a statutory declaration
regarding your suitability to perform child-connected work.
This offer of employment is conditional upon you submitting a statutory declaration

that confirms:
 you do not have any convictions, findings of guilt, whether with or without
conviction, or any charges pending or matters still outstanding against you
(excepting traffic matters) in Australia or overseas.
 you have not had any formal disciplinary action taken against you, or any
finding, in relation to improper or unprofessional conduct in any previous
employment.
 you have not been dismissed, retired or resigned from any previous
employment or volunteer role for reasons or allegations that you were
involved in conduct of a sexual nature with a student or child
21
The employer may also include paragraphs in this section requiring the employee to provide
evidence of academic qualifications, evidence of a current drivers’ licence (if a licence is required)
and regular proof of its currency, mandatory reporting obligations, etc.
Please forward the attached statutory declaration (Attachment 8B) in accordance
with the enclosed instructions.
provide a statutory declaration which confirms the matters listed above. Should a
statutory declaration not be received by [specify date], the School reserves the right
to withdraw this offer of employment.
If you are unable to complete the statutory declaration and wish to make a
disclosure22 regarding any of the matters listed above, you will be given an
opportunity to provide further information and context about these matters before a
decision is made regarding your employment with the School.
Criminal record check [optional]23
This offer of employment is also conditional upon you submitting to a national

Criminal Record Check that confirms no record of relevant criminal activity as
determined by the School.
Please forward the attached documentation in accordance with the enclosed

instructions.
provide a national Criminal Record Check that confirms no record of relevant criminal
activity. Should a national Criminal Record Check not be received by [specify date],
or a revised date as determined by the School, the School reserves the right to
withdraw this offer of employment.
School policies
The School has formulated a series of policies, procedures and guidelines related to
various aspects of the School’s operation.
Although policies, procedures and guidelines are not incorporated into your contract
of employment, you are expected to be sufficiently familiar with, and to diligently
comply with, these requirements as varied from time to time. You acknowledge that
22
If an employee is unable to complete the statutory declaration and wishes to make a
disclosure, please contact an ISV Employment Relations staff member if you would like further
information about the process to follow (particularly in circumstances where you wish to withdraw the
offer of employment).
23
Delete this section if not required. A teacher who has ‘CRC’ marked on the teacher’s VIT
registration card will have undertaken a national criminal history record check as part of the
registration process. VIT tracks registered teachers’ criminal history in Victoria with a national
criminal history check undertaken at the time of registration renewal, which is every five years. If an
employer wishes to conduct a national criminal history record check, then this is permissible. A
national criminal history record check may provide information which is different to the information
provided to VIT. An employer receiving information from a criminal history record check must ensure
that access to the information is restricted only to those people involved in the selection process.
The employer is responsible for ensuring that all such persons are conscious of their duties at
common law to not make unauthorised use of information that is stated to be confidential and has
been received in confidence. Victoria Police requires the criminal history record check to be
destroyed after it has served its intended purpose.
the School may vary or rescind any policies, procedures or guidelines at any time in
its absolute discretion.
In the event of a conflict between this contract of employment and a policy, procedure
or guideline which is in place at the School, this contract of employment will prevail.
Intellectual property [optional]
In accepting this offer of employment, you:
 presently assign to the School all existing and future Intellectual Property
Rights (defined below) in all inventions, models, designs, drawings, plans,
software, reports, proposals and other materials created, generated or
developed by you (whether alone or with the School or with other employees,
agents or contractors of the School), during the hours of work or otherwise,
for use by the School;
 acknowledge that by virtue of this paragraph all such existing rights are
vested in the School, and, on their creation, all such future rights will vest in
the School;
 agree that you will do all things reasonably requested by the School to enable
it to assure further the Intellectual Property Rights assigned under this
contract of employment;
 agree that you will not use, copy or reproduce any of the intellectual property
of the School other than for the purpose of your employment or as approved
in writing by the School;
 voluntarily and unconditionally consent to all or any acts or omissions by the

School (or persons authorised by the School) in relation to any and all works
made by you (whether before or after this consent is given) during your
employment which would otherwise infringe your Moral Rights.
Intellectual Property Rights: all intellectual property rights including, without

limitation, patents, significant copyright works, registered designs, trademarks
(both registered and unregistered), business and trading names, and the right
to have confidential information kept confidential
Moral Rights: in relation to any copyright works that you may author in the
course of your employment with the School, the right of attribution, the right to
prevent false attribution, and the right of integrity.
Confidentiality [optional]
In the course of your employment, you will have access to Confidential Information
about the School and about its students, parents and employees.
Confidential Information includes information about the affairs, processes, dealings,

finances, organisation and personnel, including students, parents and employees, of
the School.
Confidential Information may be used solely for the purpose of performing your duties
with the School. You may only disclose Confidential Information:
 to persons who are aware and agree that the Confidential Information must
be kept confidential or to persons who have signed a Confidentiality
Agreement, as required by the School from time to time, and either:
 have a need to know (and only to the extent that each has a need to know);
or
 have been approved by the School, as relevant; or
 that is required by law to be disclosed.
This and similar confidential information is not to be imparted deliberately or

carelessly to any person at any time who is not authorised by the Principal to receive
it. This obligation continues both during and after your employment with the School.
Where you are in possession of documents, software, computers or

telecommunication devices containing confidential information or material, you are
responsible for the security of these items at all times.
A breach of these conditions whilst employed with the School may be grounds for
summary termination of your employment. If disclosure in breach of these conditions
should be made after your employment with the School ceases, then the School may
apply for an injunction to restrain the breach in addition to claiming damages for
losses suffered.
You must immediately notify the Principal of any suspected or actual unauthorised
use, copying or disclosure of Confidential Information.
You must provide assistance reasonably requested by the School in relation to any
proceedings that the School may take against any person for unauthorised use,
copying or disclosure of Confidential Information.
Ethos24
You must support the [insert name of School and correct name of the relevant
document] guidelines and conduct yourself in a way which is consistent with the
ethos of [insert name of School]. You must also implement the programs, teaching
practices and other activities as decided by the School.
Code of Conduct [optional]25
It is a condition of your employment that you are cognisant of, and adhere to, the
Victorian Institute of Teaching (VIT) Code of Conduct for teachers. The Code of
Conduct sets out expectations of teachers with regard to professional conduct,
personal conduct and professional competence.
Breaches of the VIT Code of Conduct may result in disciplinary actions including
termination of employment.
24
The ethos of the School needs to be sufficiently specified so as to allow an employee to understand its
requirements.
25
The employer may have a code of conduct. In the event that the employer does not have a
code of conduct, it is suggested that a reference is made to the VIT Code of Conduct.
Copies of the Code of Conduct can be downloaded from the VIT website:
www.vit.vic.edu.au.
Employee Obligations [optional]
As an employee of the school, you must:

 devote the whole of your time during your hours of work for the School to your
duties to the School,
 serve the School faithfully and diligently to the best of your ability,
 act in the School’s best interests,
 support the School and conduct yourself in a way which is consistent with the
ethos of the School,
 comply with all lawful and reasonable directions of the School,
 comply with all law applicable to your position and the duties assigned to you,
including but not limited to the requirements of the mandatory reporting
scheme under the Children, Youth and Families Act 2005 (Vic) and any
obligations under the Crimes Act 1958 (Vic),
 where requested agree to any reasonable request to be examined by a
medical practitioner nominated by the School who will provide a report to the
School26, and
 not engage in any other employment or business without the prior approval of
the Principal. Approval will not be unreasonably withheld27.
The School reserves the right to commence disciplinary action in accordance with
any of its policies and/or procedures should you not comply with any of the employee
obligations set out above. Disciplinary action may include termination of employment.
If at any time, you become aware of, or suspect any unlawful act or omission by any
employee of the School, you must advise the Principal immediately28.
26
It is noted that a prospective employee, or the employee’s union, may object to this obligation.
An employer should decide whether the opportunity to request that an employee undertakes a
medical examination is or is not desirable.
27
It is noted that this obligation may also be contentious. The obligation could be amended to
limit the obligation to situations where the employee perceives that another position of employment
may conflict with the employee’s position or omitted, if preferred.
28
Again, an employee, or the employee’s union, may object to this obligation. It is included
because there have been situations where an employee has known of the unlawful or potentially
unlawful actions of another employee in the context of their duties at the school, with the employee
taking no action to address the situation. The statement may be omitted, if considered unwarranted
or contentious.
ATTACHMENT 6
WORKCOVER EMPLOYEE DECLARATION
Information for the Employee
You are seeking employment with [Name of School] in the role of [Name of Position].
This position involves the following tasks and duties29:
 _______________________________________________________________________
 _______________________________________________________________________
 _______________________________________________________________________
 _______________________________________________________________________
 _______________________________________________________________________
In making this application for employment and in accepting any subsequent offer of
employment you are required to disclose all pre-existing injuries or diseases suffered by you
which you reasonably believe could be affected by you undertaking this position, the details of
which are set out [insert ‘as above’ or ‘as attached’, as appropriate.]
If you fail to disclose this information or if you provide false or misleading information you and
your dependents may not be entitled to WorkCover benefits in the event of any recurrence,
aggravation, acceleration, exacerbation or deterioration of the pre-existing injury or disease
arising out of, or in the course of, or due to the nature of this employment with [Name of
School].
Definitions from the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) for your
information:
Disease is defined to include:

(a) any physical or mental ailment, disorder, defect or morbid condition whether of sudden
or gradual development; and
(b) the aggravation, acceleration, exacerbation or recurrence of any pre-existing disease
(s. 3).
Injury is defined to mean:

any physical or mental injury and, without limiting the generality of that definition, includes:
(a) industrial deafness;
(b) a disease contracted by a worker in the course of the worker’s employment (whether
at, or away from, the place of employment); and
(c) a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-
existing injury or disease (s. 3).
____________________
29
This section will need to be comprehensive or will need to be replaced by referring to, and
attaching, a comprehensive and appropriate job description. To rely on s.41 of the Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic) it will be necessary for the description of the job to
be comprehensive and for the description to identify the potential effects of the job upon the person,
including identification of any potentially adverse health and safety consequences that are inherent
to the role.
Declaration of the Employee
The following declaration is made for the purposes of section of section 41 of the Workplace
Injury Rehabilitation and Compensation Act 2013 (Vic).
I ____________________________________________________ declare that:

[Full name of employee]
1. I have read and understood this form, including the information provided above.
2. I acknowledge that I am required to disclose all pre-existing injuries or diseases which I

believe may be affected by my undertaking the position of [Name of Position].
and [strike out whichever is not applicable.]
(a) I do not believe that any injury or disease that I have is likely to be affected by
the duties described [insert one of ‘above’ or ‘in the job description attached to
this offer of employment’].
or
(b) I have suffered and/or am suffering from the following injuries and/or diseases
that may be affected by the duties described [insert one of ‘above’ or ‘ in the job
description attached to this offer of employment’.] [List injuries and diseases.]
________________________________________________________________
________________________________________________________________
________________________________________________________________
I acknowledge that any non-disclosure or false or misleading information on my part may

result in section 41(2) of the Workplace Injury Rehabilitation and Compensation Act 2013
(Vic) being applied which would disentitle me from receiving benefits relating to any
recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury
or disease which I may have.
To the best of my knowledge the information provided in this Declaration is true and correct.
Dated: ______________________________ day of __________________________ 20____
_______________________________________
[Print Name]
_______________________________________ ]
[Signature]
This Declaration will be maintained on your personnel file.
ATTACHMENT 7
CONFIRMATION OF RIGHT TO WORK IN AUSTRALIA
Instructions for completing this form:

 place a tick in the box that indicates the source of your right to work in Australia, and
 tick the box in that section to indicate the evidence that will be attached to this form, and
 attach the certified copy of your evidence (subject to the exceptions outlined below),
before returning this form to [insert school name or person’s name or position] with your
acceptance of the offer of employment.
I, [insert employee’s name]

confirm that I have the right to work in Australia, as
 I am an Australian citizen, holding:
 a Full Australian Birth Certificate (if born before 20 August 1986) and a form of photo ID
 a Full Australian Birth Certificate (if born on or after 20 August 1986), a form of photo ID
and evidence that at least one parent was an Australian citizen or permanent resident
at the time of your birth
 an Australian Citizenship Certificate
 an Australian Passport
Please attach a certified copy to provide evidence of your right to work in Australia (refer to
Note).
OR
 I am a permanent resident of Australia, holding a
 Certificate of evidence of resident status
Note).
OR
 I am a New Zealand citizen, who entered Australia on a valid passport, and currently hold:
 a New Zealand Passport, or
 a New Zealand Birth Certificate and a form of photo ID
Note).
Note: For an Australian citizen, a permanent resident of Australia or a New Zealand citizen,
the certified copy of your right to work in Australia does not need to be attached, provided you
are able to tick one of the following boxes:
 I have worked in Australia for five or more years (and I am not a foreign national), or
 I was born in Australia and lived in Australia until I was at least 10 years old, or
 My primary and further education was in Australia (and I am not a foreign national).
OR
 I am a non-citizen with a valid visa that provides work rights

 Valid visa with work rights
Please attach a certified copy, together with the visa approval letter, to provide evidence of
your right to work in Australia. I give permission to [insert name of School] to check the status
of my visa using the Department of Immigration and Border Protection’s Visa Entitlement
Verification Online (VEVO) service.
I understand that:
a. this offer of employment is contingent upon having the right to work in Australia;
b. this offer of employment will lapse on [insert date, no later than the day before employment
was due to commence] if I have not provided evidence of my right to work in Australia (as
required);
c. a copy of the document/s provided by me will be retained on the School’s file;
d. it is a condition of my employment that I retain the right to work in Australia and that should
I not retain the right to work in Australia, I will advise [insert the name of the school]
immediately;
e. my employment, if commenced, will cease immediately, should I lose the right to work in
Australia.
Signature
Name:
Date:
Information to assist with the completion of this form
A certified copy of a document
Make a photocopy of the original document and take the original and the photocopy to a
person authorised to witness a Statutory Declaration (refer to the section on statutory
declarations). The person must make the following written statement on every page, either in
writing or using a stamp: “I have sighted the original document and certify this to be a true
copy of the original.”
The person should then sign each statement and provide their designation, e.g. Police Officer
ATTACHMENT 8A
CHILD SAFETY CODE OF CONDUCT
[Option to include the School’s Child Safety Code of Conduct. The School will still
need to induct the employee with respect to the Child Safety Code of Conduct. It will
not be sufficient to rely upon the employee reading the Child Safety Code of
Conduct.
A prospective employee may be reluctant to sign that he/she has ‘read and
understood’ a document. If the prospective employee is required to sign the Child
Safety Code of Conduct, then one of the following acknowledgements may be
suitable:
 I, [name of employee] confirm that I have been provided with [name of document].
or
 I, [name of employee] confirm that I have been provided with [name of document]
and acknowledge my understanding that I am required to comply with its terms.
or
 I, [name of employee] confirm that I have read [name of document].
or
 I, [name of employee] confirm that I have read [name of document] and
understood the [name of document.]
ATTACHMENT 8B
State of Victoria
STATUTORY DECLARATION
I,
[full name]
of
[address]
,
[occupation]
do solemnly and sincerely declare that:
 I do not have any convictions, findings of guilt, whether with or without conviction,
or any charges pending or matters still outstanding against me (excepting traffic matters)
in Australia or overseas.
 I have not had any formal disciplinary action taken against me, or any finding, in relation
to improper or unprofessional conduct in any previous employment.
 I have not been dismissed, retired or resigned from any previous employment
or volunteer role for reasons or allegations that I was involved in conduct of a
sexual nature with a student or child.
I acknowledge that this declaration is true and correct, and I make it with the understanding
and
belief that a person who makes a false declaration is liable to the penalties of perjury.
Declared at ___________________________
…………………………………………
Signature of person making this declaration
[to be signed in front of an authorized witness]
this ______day of______________20______
Before me,
………………………………………………
Signature of Authorised Witness
The authorised witness must print or stamp his or her name, address and title under section 107A of the Evidence
(Miscellaneous Provisions) Act 1958 (as of 1 January 2010), (previously Evidence Act 1958), (eg. Justice of the Peace,
Pharmacist, Police Officer, Court Registrar, Bank Manager, Medical Practitioner, Dentist). A statutory declaration must be
witnessed by an authorised witness.
ATTACHMENT 9
FAIR WORK INFORMATION STATEMENT
[Option to include Fair Work Information Statement, which is available from the Office
of the Fair Work Ombudsman. If downloading the Fair Work Information Statement to
include in Attachment 9, then it is important to ensure that it is the current version, as
it can change over time.]
[Note: The Fair Work Ombudsman allows the Fair Work Information Statement to be
provided to a new employee in person, by mail, by email, by fax or by emailing a link
to the Fair Work Ombudsman’s website.
As Attachment 1 includes a link to the Fair Work Information Statement on the Fair
Ombudsman’s website, an employer may prefer to delete Attachment 9 and to delete
the reference to Attachment 9 in the letter of offer (refer to page 3 of this sample
letter).]

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TEACHER CONTRACT 1

Sample Contract of Employment for a

Who is this sample contract of employment suitable for?

This contract is suitable where an early childhood, primary or secondary teacher’s

This contract is not suitable:

How should this sample contract be used?

This sample contract of employment is regularly revised. To ensure that contracts of

Copyright © Independent Schools Victoria

Dear [insert name of prospective teacher]

I am pleased to offer you employment with [insert name of School] as a [insert

[Insert general/school position details]

Signature: ……………………………………………………… Date: …………………….

1. maximum weekly hours of work (ss.62-64)

The NES may be accessed from [insert details]5

The Award specifies, inter alia, the following conditions:

1. classifications and minimum wages

The Award may be accessed from [insert details]6

Additional (or Other) Conditions of Employment7

The School provides the following conditions of employment:

Choose one of the following options:

Option 1 – Continuing employment

Employment will commence on [specify date]. Continuing employment is subject to

Employment is subject to the Termination of Employment provisions of the Award.

Option 2 – Fixed term employment9

Employment is subject to the Termination of Employment provisions of the Award.

Option C - replace a teacher whose employment has terminated after the

Choose one of the following options:

Option 1 – Full-time position

This position is full-time. Upon commencement of employment, your face-to-face

Option 2 – Part-time position

This position is part-time. Upon commencement, your part-time employment fraction

Duties performed, in addition to teaching and teaching-related responsibilities, will

Upon commencement, you will be employed at [specify location]. However, please

Occupancy of school premises [include only if applicable]15

In accordance with the Award, termination or resignation requires the provision of

[Insert position description]

Choose one of the following options:

Option 1 – Full-time teacher

Option 2 – Part-time teaching position

Upon commencement, your classification will be [insert level].

Upon receiving a written election for a remuneration packaging arrangement from

Any arrangement between the School and yourself in relation to remuneration

An employer superannuation contribution of [nominate percentage] per cent of

This offer of employment is conditional upon you supplying a copy of the

Child Safe Standards [optional]

This offer of employment is conditional upon you submitting a statutory declaration

Criminal record check [optional]23

This offer of employment is also conditional upon you submitting to a national

Please forward the attached documentation in accordance with the enclosed

Intellectual property [optional]

In accepting this offer of employment, you:

 voluntarily and unconditionally consent to all or any acts or omissions by the

Intellectual Property Rights: all intellectual property rights including, without

Confidential Information includes information about the affairs, processes, dealings,

This and similar confidential information is not to be imparted deliberately or

Where you are in possession of documents, software, computers or

Code of Conduct [optional]25

Employee Obligations [optional]

As an employee of the school, you must:

Information for the Employee

This position involves the following tasks and duties29:

Disease is defined to include:

Injury is defined to mean:

I ____________________________________________________ declare that:

Dated: ________ day of 20

this day of__20