Exit Agreement For Employees Template for Australia

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Key Requirements PROMPT example:

Exit Agreement For Employees

"I need an Exit Agreement For Employees under Australian law for a senior executive voluntarily leaving our technology company in March 2025, including provisions for share options, extended non-compete restrictions, and garden leave arrangements."

Document background
Exit Agreement For Employees are crucial documents in Australian employment law used when an employment relationship is being terminated by mutual agreement or as part of a negotiated departure. These agreements are particularly important in situations involving redundancy, voluntary departure, or settlement of potential disputes. The document comprehensively addresses termination terms, statutory entitlements under Australian law, final payments, mutual releases, and ongoing obligations such as confidentiality and non-disparagement. It must comply with various Australian federal and state employment laws, particularly the Fair Work Act 2009, and often requires independent legal advice for the employee. The agreement serves to provide certainty and protection for both parties while minimizing the risk of future legal disputes.
Suggested Sections

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

2. Background: Sets out the context of the employment relationship and the circumstances leading to the exit agreement

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment and final working day

5. Payment of Entitlements: Details the final payment including salary, accrued leave, and other statutory entitlements

6. Release and Waiver: Mutual releases from claims and causes of action between the parties

7. Continuing Obligations: Outlines obligations that survive termination including confidentiality and intellectual property

8. Tax Treatment: Addresses the tax implications of payments and each party's tax responsibilities

9. Return of Company Property: Lists company property to be returned and timeline for return

10. Non-Disparagement: Mutual obligations regarding making adverse comments about the other party

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

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Redundancy Payment: Required when termination is due to redundancy, detailing additional payments

2. Post-Employment Restrictions: Non-compete and non-solicitation provisions if required for senior or key employees

3. Reference and Announcement: Terms regarding employment references and internal/external announcements

4. Share Options/Long-Term Incentives: Treatment of existing share options or other long-term incentive arrangements

5. Outplacement Support: Details of any career transition or outplacement services provided

6. Legal Costs: Agreement on payment of legal costs for reviewing the agreement

7. Garden Leave: Terms of any garden leave period before final termination

8. Assistance with Handover/Transition: Requirements for knowledge transfer and transition assistance

9. Future Cooperation: Terms for assistance with future litigation or investigations if needed

Suggested Schedules

1. Schedule 1 - Calculation of Final Payment: Detailed breakdown of all payment components including statutory entitlements

2. Schedule 2 - Company Property: Comprehensive list of company property to be returned

3. Schedule 3 - Continuing Obligations: Detailed list of surviving obligations from the employment contract

4. Appendix A - Certificate of Independent Legal Advice: Confirmation that employee received independent legal advice

5. Appendix B - Deed of Release: Detailed terms of mutual release if structured as separate deed

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

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Retail

Mining and Resources

Education

Construction

Telecommunications

Media and Entertainment

Energy

Transportation and Logistics

Real Estate

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Finance

Payroll

Compliance

Executive Leadership

Risk Management

Corporate Communications

Information Technology

Operations

Relevant Roles

Chief Executive Officer

Senior Executive

Department Manager

Team Leader

Professional Staff

Administrative Staff

Technical Specialist

Sales Representative

Operations Manager

Project Manager

Human Resources Director

General Counsel

Chief Financial Officer

Research Scientist

Software Developer

Account Manager

Marketing Manager

Production Worker

Customer Service Representative

Regional Manager

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships in Australia, covering terms and conditions of employment, workplace rights, unfair dismissal, and general protections
National Employment Standards (NES): Part of the Fair Work Act that sets out minimum employment entitlements including notice periods, redundancy pay, and leave entitlements
Privacy Act 1988 (Cth): Regulates the handling of personal information and may be relevant for confidentiality provisions in the exit agreement
Income Tax Assessment Act 1997 (Cth): Governs the tax treatment of termination payments and other benefits provided under the exit agreement
Age Discrimination Act 2004 (Cth): Ensures the agreement doesn't discriminate based on age and addresses any age-related claims
Sex Discrimination Act 1984 (Cth): Protects against discrimination based on sex, gender identity, sexual orientation, and related characteristics
Racial Discrimination Act 1975 (Cth): Ensures the agreement doesn't discriminate based on race, color, descent, or national/ethnic origin
Disability Discrimination Act 1992 (Cth): Protects against discrimination based on disability and ensures reasonable accommodations are considered
Competition and Consumer Act 2010 (Cth): Relevant for any restraint of trade provisions in the exit agreement
Corporations Act 2001 (Cth): May be relevant for senior executive terminations and any share-based compensation arrangements
Superannuation Guarantee (Administration) Act 1992: Ensures proper treatment of superannuation obligations in the termination payment
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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