Employment Promissory Note Template for Australia

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Key Requirements PROMPT example:

Employment Promissory Note

"I need an Employment Promissory Note for a tech company in Sydney, Australia, where an employee will repay $15,000 in training costs over 24 months if they leave before January 2025, with the note becoming void if they stay beyond that date."

Document background
The Employment Promissory Note is a specialized legal instrument used in Australian employment relationships where an employee needs to make a formal financial commitment to their employer. This document is commonly utilized in situations involving training bonds, salary advances, relocation expenses, or other employment-related financial obligations. It must be carefully structured to comply with both Australian employment law (particularly the Fair Work Act 2009) and financial regulations. The document typically includes specific payment terms, conditions for enforcement, and provisions for how the obligation relates to the ongoing employment relationship. The Employment Promissory Note should clearly state the amount involved, payment schedule, and any conditions that might affect the repayment obligation, such as continued employment or performance metrics.
Suggested Sections

1. Parties: Identification of the employer (promisee) and employee (promisor), including full legal names, addresses, and ACN/ABN where applicable

2. Background: Context of the promissory note, including reference to the employment relationship and circumstances leading to its creation

3. Definitions: Key terms used in the document, including employment-related and financial terms

4. Promise to Pay: The core financial obligation, including the principal amount, currency, and basic terms of payment

5. Employment Relationship: Description of the employment context and how it relates to the promissory note

6. Payment Terms: Detailed payment schedule, interest rates (if applicable), and method of payment

7. Default and Acceleration: Circumstances constituting default and consequences, including acceleration of payment

8. Employment Termination Provisions: Impact of employment termination on the promissory note obligations

9. Representations and Warranties: Standard declarations by both parties regarding capacity and authority

10. Governing Law and Jurisdiction: Specification of Australian law and relevant jurisdiction for disputes

Optional Sections

1. Security: Include when the note is secured by specific assets or guarantees

2. Tax Provisions: Include when specific tax treatment or implications need to be addressed

3. Confidentiality: Include when sensitive employment or financial information needs protection

4. Assignment: Include when transfer rights need to be specifically addressed or restricted

5. Insurance Requirements: Include when insurance is required to secure the note

6. Dispute Resolution: Include when specific dispute resolution procedures are preferred over standard court proceedings

7. Forgiveness Conditions: Include when the note may be partially or fully forgiven based on employment milestones

8. Performance Metrics: Include when repayment terms are linked to employment performance

Suggested Schedules

1. Payment Schedule: Detailed breakdown of payment amounts, dates, and calculations

2. Employment Terms Reference: Summary or reference to relevant employment terms affecting the note

3. Security Details: If applicable, detailed description of any security or collateral

4. Performance Criteria: If applicable, metrics and targets related to potential forgiveness or modification of terms

5. Calculation of Interest: If applicable, detailed method for calculating interest and adjustments

6. Form of Notice: Template for required notices under the agreement

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Financial Services

Professional Services

Technology

Healthcare

Mining

Education

Manufacturing

Retail

Construction

Telecommunications

Legal Services

Consulting

Relevant Teams

Human Resources

Legal

Finance

Compliance

Risk Management

Payroll

Corporate Governance

Training and Development

Relevant Roles

Human Resources Director

Chief Financial Officer

Legal Counsel

HR Manager

Finance Manager

Compliance Officer

Employment Lawyer

Payroll Manager

Risk Manager

Corporate Secretary

Recruitment Manager

Training and Development Manager

Industries
Fair Work Act 2009 (Cth): Primary legislation governing employment relationships in Australia, including terms and conditions of employment, rights and obligations of employers and employees
Bills of Exchange Act 1909 (Cth): Federal legislation governing negotiable instruments including promissory notes, their formation, enforcement, and legal status
National Employment Standards (NES): Minimum employment entitlements that must be provided to all employees, which could affect the terms of the promissory note if tied to employment conditions
Income Tax Assessment Act 1997 (Cth): Relevant for tax implications of any financial arrangement between employer and employee, including treatment of promissory notes
Privacy Act 1988 (Cth): Governs the handling of personal information in employment records and financial documentation
National Consumer Credit Protection Act 2009 (Cth): May be relevant if the promissory note could be characterized as a credit arrangement
Corporations Act 2001 (Cth): Relevant for corporate governance requirements and obligations when issuing financial instruments
State-specific Contract Laws: Various state-based laws governing contract formation, enforcement, and remedies that may affect the promissory note's enforceability
Modern Awards: Industry-specific minimum employment standards that might affect the terms of the employment relationship and associated financial arrangements
Financial Sector (Collection of Data) Act 2001: May be relevant for reporting requirements if the promissory note meets certain financial thresholds
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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