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Exclusive Employment Agreement Template for Australia

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Key Requirements PROMPT example:

Exclusive Employment Agreement

"I need an Exclusive Employment Agreement for a senior software developer role in our fintech startup, with strong IP protection clauses and the ability to work remotely from anywhere in Australia."

Document background
The Exclusive Employment Agreement is designed for use in the Australian employment context where an organization requires an employee's undivided professional commitment. This document is particularly relevant for senior positions, specialized roles, or situations where protecting business interests is paramount. The agreement incorporates mandatory requirements under Australian employment law, including the Fair Work Act 2009, while establishing clear terms for exclusive service, confidentiality, intellectual property rights, and post-employment obligations. It is commonly used when hiring key personnel who will have access to sensitive information or whose full commitment to the organization is essential for business operations.
Suggested Sections

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Term of Employment: Commencement date, term (if fixed-term) or ongoing nature of employment

5. Role and Duties: Position title, key responsibilities, reporting relationships, and location of work

6. Exclusivity: Terms of exclusive service and restrictions on other employment or business activities

7. Hours of Work: Standard working hours, overtime requirements, and flexibility arrangements

8. Remuneration: Base salary, superannuation, payment frequency, and review provisions

9. Leave Entitlements: Annual leave, personal/carer's leave, long service leave, and other leave types

10. Confidentiality: Obligations regarding confidential information during and after employment

11. Intellectual Property: Ownership and rights regarding IP created during employment

12. Termination: Grounds for termination, notice periods, and post-termination obligations

13. Post-Employment Restrictions: Non-compete, non-solicitation, and other restrictive covenants

14. General Provisions: Governing law, entire agreement, variation, and severability clauses

15. Execution: Signing provisions and attestation

Optional Sections

1. Probationary Period: Terms of initial probation period - include for new employees

2. Performance Reviews: Framework for performance evaluation - include for management positions

3. Bonus and Incentives: Performance-based compensation structures - include if applicable

4. Company Policies: Reference to specific workplace policies - include for larger organizations

5. Equipment and Resources: Provisions regarding company-provided tools and resources

6. Flexible Working Arrangements: Terms for remote work or flexible hours - include if relevant

7. Garden Leave: Provisions for paid leave during notice period - include for senior roles

8. International Travel: Terms for international work requirements - include if role involves travel

9. Share Options: Employee share scheme participation - include if applicable

Suggested Schedules

1. Schedule 1 - Position Description: Detailed outline of role, responsibilities, and key performance indicators

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary components and benefits

3. Schedule 3 - Restrictive Covenants: Detailed terms of post-employment restrictions including geographic and temporal limits

4. Schedule 4 - Company Policies: List of applicable company policies and procedures

5. Appendix A - Confidential Information: Definition and examples of confidential information specific to the role

6. Appendix B - Approved Outside Activities: List of pre-approved external commitments or activities, if any

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses




































Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Media and Entertainment

Manufacturing

Mining and Resources

Education

Retail

Telecommunications

Biotechnology

Research and Development

Consulting

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Research & Development

Product Development

Customer Success

Operations

Finance

Information Technology

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Manager

Department Head

Research Director

Principal Consultant

Senior Developer

Key Account Manager

Product Manager

Senior Scientist

Executive Director

Head of Sales

Technical Lead

Creative Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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