ContractExpress Terms • August 19th, 2010
Contract Type FiledAugust 19th, 2010EXPRESS TERMS For most employees, their employment contract primarily comprises the IEA (Individual Employment Agreement) or CA (Collective Agreement) negotiated to cover their employment. The terms and conditions within the IEA or CA are matters the parties discuss, agree on and then confirm in writing. Such terms are known as the express terms. Note: The express terms agreed in any IEA or CA must not be in conflict with the minimum legal requirements contained in relevant legislation. INCORPORATED TERMS Incorporated terms are terms which are superimposed on the employment contract due to legislation (eg. ACC, Holidays Act, Parental Leave Act) plus provisions which the parties acknowledge (in a letter for example) as forming part of their contract, such as company rules or policy entitlements. Note: The minimum entitlements derived from legislation which are incorporated into any employment contract (such as the minimum wage or annual holiday provisions) can not be reduced or waived