An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. A contract can be in writing or verbal.
All employees in Australia will have a common law contract of employment whether written or unwritten which specifies terms and conditions with their employer. This contract is subject to Australian Government, and in some instances state and territory government, legislative requirements.
In the commercial world there is often a desire for documents to take effect before the date on which they are ultimately signed. Typically this is where parties have reached an agreement and must wait while their solicitors properly document that agreement.
One of the thornier issues which comes up in legal practice from time to time is the backdating of documents. However in practice, for both good reasons and bad, backdating of documents does occur.
It is common for two parties, particularly in the commercial context, to enter into a contract at one time, but agree to have the contract come into effect at an earlier time. This practice is colloquially known as backdating.
This can be quite stressful for many employees. Changes to the terms and conditions of your employment agreements can have a dramatic effect on your working conditions, even if the changes continue to comply with Australian legislation.
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