Employment Release Agreement Template for Australia

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Key Requirements PROMPT example:

Employment Release Agreement

"I need an Employment Release Agreement for a senior software developer in Sydney who is leaving voluntarily to join a competitor, with the termination date set for March 15, 2025; the agreement should include strong non-compete and confidentiality provisions."

Document background
The Employment Release Agreement is a crucial legal document used in Australian employment contexts when formally concluding an employment relationship. It is typically implemented during voluntary separations, redundancies, or negotiated exits to document the terms of departure and protect both parties' interests. The agreement comprehensively addresses termination payments, statutory entitlements, release of claims, and ongoing obligations, ensuring compliance with Australian employment law including the Fair Work Act 2009, various discrimination acts, and relevant state legislation. This document is essential for risk management and providing certainty to both parties, particularly in situations involving senior executives, sensitive departures, or where significant settlement payments are involved. The agreement should be carefully drafted to ensure enforceability and compliance with Australian legal requirements, including consideration of any applicable industry-specific regulations or enterprise agreements.
Suggested Sections

1. Parties: Identifies and defines the employer and employee who are parties to the agreement

2. Background: Recites the context of the employment relationship, termination decision, and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Termination of Employment: Specifies the employment end date and immediate obligations of both parties

5. Settlement Payment: Details the amount, components, and timing of any settlement or termination payments

6. Taxation and Superannuation: Addresses tax treatment of payments and superannuation obligations

7. Release and Waiver: Comprehensive release of claims by the employee against the employer

8. Company Property: Requirements for return of company property and information

9. Confidentiality: Obligations regarding confidentiality of the agreement and company information

10. Non-Disparagement: Mutual obligations not to make negative statements about each other

11. General Provisions: Standard contract clauses including governing law, entire agreement, and severability

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Post-Employment Assistance: Used when the employee agrees to provide transition assistance or cooperation with ongoing matters

2. Restrictive Covenants: Include when new or confirmed non-compete or non-solicitation provisions are required

3. Reference and Announcements: Added when parties agree on specific terms for employment references or public announcements

4. Ongoing Benefits: Required when certain employment benefits will continue post-termination

5. Legal Advice: Acknowledgment of independent legal advice when required by jurisdiction or circumstances

6. Claims Carve-Out: Used when certain claims cannot be released by law or are specifically preserved

7. Equity/Share Rights: Include when addressing treatment of employee share schemes or equity rights

8. Outplacement Support: Added when outplacement services are part of the termination package

Suggested Schedules

1. Schedule 1 - Payment Details: Detailed breakdown of all payment components including statutory entitlements and ex-gratia amounts

2. Schedule 2 - Company Property Register: List of company property to be returned by the employee

3. Schedule 3 - Continuing Obligations: Reference to relevant clauses from employment contract that survive termination

4. Appendix A - Deed of Release: Separate deed of release if required by jurisdiction or circumstances

5. Appendix B - Certificate of Independent Legal Advice: Form for legal advisor to certify provision of independent advice to employee

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 Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Education

Retail

Mining and Resources

Construction

Telecommunications

Media and Entertainment

Transportation and Logistics

Agriculture

Energy and Utilities

Government and Public Sector

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Product Development

Quality Assurance

Business Development

Corporate Affairs

Relevant Roles

Chief Executive Officer

Managing Director

Senior Executive

Department Manager

Team Leader

Professional Staff

Technical Specialist

Sales Representative

Administrative Officer

General Manager

Regional Manager

Project Manager

Financial Controller

Human Resources Director

Operations Manager

Account Manager

Research Scientist

Senior Engineer

Marketing Director

Legal Counsel

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships in Australia, including termination of employment, general protections, and workplace rights
Privacy Act 1988 (Cth): Regulates the handling of personal information and ensures confidentiality provisions in the release agreement comply with privacy laws
Income Tax Assessment Act 1997 (Cth): Governs taxation of termination payments and settlement amounts, including tax treatment of different payment components
Age Discrimination Act 2004 (Cth): Ensures the release agreement doesn't discriminate based on age and properly addresses age-related claims
Sex Discrimination Act 1984 (Cth): Protects against discrimination based on sex, marital status, pregnancy, or potential pregnancy in employment termination
Disability Discrimination Act 1992 (Cth): Ensures the agreement addresses and doesn't discriminate against employees with disabilities
Australian Human Rights Commission Act 1986 (Cth): Provides framework for addressing human rights complaints and discrimination matters in employment
Corporations Act 2001 (Cth): Relevant for agreements involving company officers and directors, including requirements for termination benefits
Competition and Consumer Act 2010 (Cth): Including Australian Consumer Law provisions regarding misleading or deceptive conduct in contractual arrangements
Superannuation Guarantee (Administration) Act 1992 (Cth): Governs superannuation obligations and requirements in relation to termination payments
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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