Although you cannot agree to terms less generous than the National Employment Standards or an applicable modern award or enterprise agreement, you will usually find that employees instead usually seek more money, less hours of work, less onerous post-employment restraints or shorter notice periods.
6 January 2025
How do I make an offer of employment?
Good talent is critical. Don’t let it slip away.
Once you have finalised your template employment contract with Lawlux, it’s time to make an offer to the chosen candidate. Lawlux’s recommended process is below.
Tailor the template employment contract
Using your template employment contract, insert:
- The employee’s personal details.
- All requisite optional clauses (ie employee benefits, if they will be paid a bonus).
- All employment details, such as remuneration, reporting line, location of work, hours of work etc.
- The candidate’s position description.
Prepare an induction pack
The induction pack should make a positive impression on the candidate, and reflect your business’ values.
At a minimum, the induction pack should include:
- A welcome letter.
- 2 copies of the employment contract (1 for the employee to retain). Clients usually sign the employment contract on behalf of the employer at this stage.
- For all employees (including casual employees), the Fair Work Information Statement.
- For casual employees, the Casual Employment Information Statement.
You may also include:
- A tax file number declaration form.
- A superannuation choice form.
- Copies of any applicable modern award or enterprise agreement.
- Your workplace policies and procedures.
Provide the induction pack to the candidate
Although commonly provided via email (especially if a recruiter is involved), many businesses will meet with the candidate either in person or on a video call to:
- Develop the relationship with the candidate.
- Frame the terms of employment.
- Allow the candidate to questions.
Provide the candidate time to evaluate
Provide the candidate with a few days to consider the employment contract.
It’s important to provide the candidate with time to read the employment contract, understand its terms, and obtain legal advice if they require.
That said, clients often impose a deadline for acceptance to ensure that the evaluation period does not extend too long.
Negotiate
Candidates often seek better employment terms, or amendments to the employment contract.
It’s important to understand what the candidate wants and why. Whether you negotiate depends on the quality of the candidate and, of course, what they ask for. However, many clients find that ‘shaping’ roles around exceptional talent usually pays dividends over time.
If you intend to amend the candidate’s employment contract beyond the variable terms, clients usually seek legal advice.
Lawlux’s Subscription tiers are designed to provide clients with time each month to speak to our lawyers.
Sign the employment contract
Once the terms of employment are agreed, the candidate should sign the employment contract and return it to you.
Keep a copy of the signed employment contract in a secure location, both in hard copy and online.
About Lawlux
Lawlux strips out the inefficiency of traditional law firms by using Lixo AI, its artificial intelligence paralegal, to do the things that humans should no longer be doing – intelligently answering your legal questions, gathering information, onboarding, and preparing draft documents and advice for our lawyers to finalise.
What does that mean for you?
It means a law firm that you engage with at your convenience. It means free answers to your legal questions. It means agreed transparent pricing that’s a fraction of traditional law firms. And it means bespoke legal work tailored for your business’ particular needs – all with the peace of mind that comes with 1-on-1 time with our lawyers and the insurance of an Australian law firm.
