Enterprise Framework Agreement Template for Australia

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Key Requirements PROMPT example:

Enterprise Framework Agreement

"I need an Enterprise Framework Agreement for a technology services provider relationship starting March 2025, with specific focus on data security, cloud services, and the ability to easily add new services through work orders as our business expands in Australia."

Document background
The Enterprise Framework Agreement is designed for use in complex commercial relationships where parties anticipate multiple transactions or ongoing service delivery over an extended period. It is particularly suitable for Australian businesses seeking to establish a structured approach to managing long-term supplier relationships while ensuring compliance with Australian federal and state legislation. The agreement typically includes comprehensive terms covering service delivery, performance standards, pricing mechanisms, and governance arrangements, with flexibility to accommodate specific requirements through individual work orders or statements of work. This type of agreement is commonly used when organizations need a streamlined yet robust approach to managing multiple projects or service engagements with the same supplier, avoiding the need to negotiate full terms for each transaction while maintaining appropriate controls and risk management mechanisms.
Suggested Sections

1. Parties: Identifies and defines the contracting parties, including their legal entities and registered addresses

2. Background: Sets out the context and purpose of the framework agreement, including the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Term and Renewal: Specifies the initial term of the agreement and any renewal mechanisms

5. Framework Structure: Explains how the framework operates, including the process for creating individual work orders or statements of work

6. Ordering Process: Details the procedures for requesting, accepting, and executing specific works or services under the framework

7. Pricing and Payment Terms: Establishes the pricing mechanism, payment terms, and invoicing requirements

8. Performance Standards: Sets out the required service levels and performance criteria

9. Governance and Relationship Management: Defines the governance structure, including meeting requirements and escalation procedures

10. Intellectual Property Rights: Addresses ownership and licensing of intellectual property

11. Confidentiality: Details obligations regarding confidential information

12. Data Protection and Privacy: Specifies requirements for handling personal and business data

13. Liability and Indemnities: Sets out the liability regime and indemnification obligations

14. Insurance: Specifies required insurance coverage

15. Termination: Details circumstances and procedures for termination

16. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and governing law

Optional Sections

1. Security Requirements: Include when the services involve access to sensitive systems or information

2. Business Continuity: Include for critical services requiring disaster recovery planning

3. Environmental Requirements: Include when environmental compliance is relevant to the services

4. Social Value Commitments: Include when there are specific social value or community benefit requirements

5. Export Control: Include when goods or services may be subject to export regulations

6. Anti-Modern Slavery Provisions: Include when supply chain involves risk of modern slavery

7. Parent Company Guarantee: Include when financial security from a parent company is required

8. Transition and Exit: Include for complex services requiring detailed exit planning

Suggested Schedules

1. Schedule 1 - Pricing Schedule: Detailed pricing information, rate cards, and price adjustment mechanisms

2. Schedule 2 - Service Specifications: Detailed description of services or goods to be provided under the framework

3. Schedule 3 - Service Levels and KPIs: Detailed performance metrics and measurement methodologies

4. Schedule 4 - Governance Procedures: Detailed governance framework including meeting schedules and reporting requirements

5. Schedule 5 - Form of Work Order: Template document for individual orders under the framework

6. Schedule 6 - Security Requirements: Detailed security protocols and compliance requirements

7. Schedule 7 - Insurance Requirements: Detailed insurance requirements including minimum coverage levels

8. Appendix A - Approved Subcontractors: List of pre-approved subcontractors and their approved scope

9. Appendix B - Key Personnel: Details of key personnel from both parties involved in managing the framework

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
Clauses
Relevant Industries

Information Technology

Professional Services

Manufacturing

Construction

Healthcare

Financial Services

Telecommunications

Energy and Utilities

Mining

Transportation and Logistics

Education

Government Services

Relevant Teams

Legal

Procurement

Finance

Commercial

Operations

Risk and Compliance

Supply Chain

Project Management Office

Business Development

Account Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

General Counsel

Commercial Director

Procurement Manager

Contract Manager

Legal Counsel

Risk Manager

Compliance Officer

Operations Director

Project Manager

Supply Chain Manager

Vendor Manager

Business Development Manager

Account Executive

Industries
Competition and Consumer Act 2010 (Cth): Federal legislation that governs business conduct, competition law, and consumer protection. Particularly relevant for unfair contract terms, competition provisions, and general business conduct requirements.
Fair Work Act 2009 (Cth): While primarily focused on employment, this Act is relevant for enterprise agreements and includes provisions about enterprise bargaining and framework agreements that may affect workplace arrangements.
Australian Contract Law: Common law principles governing contract formation, interpretation, and enforcement, including principles from case law regarding offer, acceptance, consideration, and intention to create legal relations.
Electronic Transactions Act 1999 (Cth): Relevant for electronic execution and digital aspects of the agreement, particularly important for modern enterprise framework agreements that may be executed or operated electronically.
Privacy Act 1988 (Cth): Important for provisions dealing with data handling, personal information, and privacy obligations within the enterprise framework.
Australian Consumer Law: Schedule 2 of the Competition and Consumer Act, specifically relevant for business-to-business transactions and unfair contract terms in standard form contracts.
Corporations Act 2001 (Cth): Relevant for corporate governance requirements, directors' duties, and execution requirements when dealing with companies.
State Fair Trading Acts: State-based legislation that complements the Australian Consumer Law and may contain additional requirements for business contracts in specific states.
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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