Non Compete Agreement For Existing Employees Template for Australia

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Non Compete Agreement For Existing Employees

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Non Compete Agreement For Existing Employees

"I need a Non Compete Agreement For Existing Employees for our senior software developers in Sydney, restricting them from working with direct competitors within Australia for 12 months after employment, with specific focus on protecting our proprietary technology and client relationships."

Document background
The Non-Compete Agreement For Existing Employees is a crucial document used in Australian business contexts when companies need to protect their legitimate business interests, including confidential information, customer relationships, and competitive advantage. This agreement is particularly relevant when existing employees are promoted, given access to sensitive information, or receive additional benefits warranting new restrictive covenants. The document must comply with Australian competition law principles and provide adequate consideration to be enforceable. It typically includes specific provisions about restricted activities, geographical limitations, duration of restrictions, and must be reasonable in scope to be upheld by Australian courts. The agreement should be tailored to the specific role and circumstances of each employee while maintaining compliance with both federal and state legislation.
Suggested Sections

1. Parties: Identifies the employer and employee, including their full legal names, addresses, and ACN/ABN where applicable

2. Background: Sets out the context of the agreement, including the employee's current role, length of employment, and reason for the non-compete agreement

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Restricted Activity', 'Restricted Period', and 'Restricted Area'

4. Consideration: Specifies the consideration being provided to the employee in exchange for entering into this agreement (e.g., continued employment, bonus, or other benefits)

5. Non-Compete Obligations: Details the specific activities the employee is restricted from engaging in, including timeframes and geographical limitations

6. Non-Solicitation Obligations: Prohibitions on soliciting customers, suppliers, or employees of the company

7. Confidentiality Obligations: Requirements to maintain confidentiality of company information during and after employment

8. Acknowledgments: Employee's acknowledgment that the restrictions are reasonable and necessary

9. Severability: Provisions allowing court modification of unreasonable restrictions rather than invalidating the entire agreement

10. Governing Law and Jurisdiction: Specifies that Australian law governs the agreement and nominates the relevant jurisdiction for disputes

11. Execution: Signature blocks and execution details for all parties

Optional Sections

1. Garden Leave: Optional provisions for placing the employee on paid leave during notice periods, used when there's higher risk of competitive activity

2. Intellectual Property: Additional provisions regarding ownership and protection of IP, particularly relevant for technical or creative roles

3. Post-Employment Cooperation: Requirements for the employee to assist with handover or transition, particularly relevant for senior roles

4. Independent Legal Advice: Section acknowledging that the employee has had the opportunity to seek independent legal advice, recommended for stronger enforceability

5. Dispute Resolution: Detailed procedures for resolving disputes, recommended for senior employees or high-risk situations

6. Survival of Obligations: Clarification of which obligations survive termination of employment, useful for complex agreements

Suggested Schedules

1. Schedule 1 - Restricted Activities: Detailed list of specific activities, competitors, or business types the employee is restricted from engaging with

2. Schedule 2 - Restricted Area: Maps or detailed descriptions of the geographical areas where restrictions apply

3. Schedule 3 - Consideration Details: Specific details of any additional compensation or benefits being provided as consideration

4. Schedule 4 - Key Customers and Suppliers: List of specific customers and suppliers covered by non-solicitation provisions

5. Appendix A - Employee's Current Role and Responsibilities: Detailed description of the employee's current position and duties, useful for establishing the scope of restrictions

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

Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Retail

Telecommunications

Biotechnology

Engineering

Consulting

Pharmaceuticals

Media and Entertainment

Research and Development

Relevant Teams

Human Resources

Legal

Sales

Research and Development

Executive Leadership

Product Development

Business Development

Client Services

Engineering

Marketing

Finance

Operations

Relevant Roles

Chief Executive Officer

Senior Manager

Sales Director

Technical Lead

Research Scientist

Product Manager

Business Development Manager

Software Engineer

Account Executive

Chief Technology Officer

Regional Manager

Client Relations Manager

Senior Consultant

Head of Department

Research Director

Principal Engineer

Marketing Director

Chief Financial Officer

Senior Architect

Sales Manager

Industries
Competition and Consumer Act 2010 (Cth): This federal law ensures that restraint of trade provisions are not anti-competitive and do not violate Australian competition law principles. Particularly relevant for determining reasonable scope of non-compete restrictions.
Fair Work Act 2009 (Cth): The primary federal employment legislation that governs employment relationships and ensures that any post-employment restrictions are consistent with fair work principles and employee protections.
Restraints of Trade Act 1976 (NSW): While state-specific, this act provides important guidance on the enforceability of restraint of trade provisions and is often referenced across Australia. It allows courts to modify overly broad restraints rather than striking them down entirely.
Australian Contract Law (Common Law): Common law principles governing contract formation, including requirements for consideration, intention to create legal relations, and clarity of terms. Particularly important as existing employees must receive fresh consideration for new restraints.
Trade Practices Act provisions (now part of Competition and Consumer Act): Relevant for ensuring the agreement doesn't contain unfair contract terms, particularly important when dealing with existing employees who may be in an unequal bargaining position.
Privacy Act 1988 (Cth): Relevant for handling any confidential information and trade secrets mentioned in the non-compete agreement, ensuring compliance with Australian privacy principles.
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

Find the exact document you need

Deed Of Non Competition

An Australian law-governed deed that establishes enforceable non-competition obligations between parties, including geographic and time-based restrictions on competitive activities.

find out more

Non Compete Agreement For Existing Employees

An Australian-law governed agreement that restricts existing employees from engaging in competitive activities during and after their employment, while ensuring compliance with local employment and competition laws.

find out more

Waiving Non Compete Agreement

An Australian law-compliant agreement that releases an employee from existing non-compete obligations while maintaining other relevant contractual terms.

find out more

Non Compete Agreement Buying A Business

An Australian-compliant Non-Compete Agreement protecting buyer's interests when purchasing a business, including territorial and temporal restrictions on the seller's competitive activities.

find out more

5 Year Non Compete Agreement

An Australian-law governed 5-year non-compete agreement establishing restrictions on competitive activities and protecting business interests.

find out more

Non Solicitation Agreement Form

An Australian legal document that prevents the solicitation of employees, clients, or suppliers, drafted in compliance with Australian competition and employment laws.

find out more

Consulting Non Compete Agreement

An Australian-compliant agreement establishing non-compete obligations for consultants, protecting business interests while ensuring legal enforceability.

find out more

Small Business Non Compete Agreement

An Australian-compliant non-compete agreement for small businesses, setting out reasonable restrictions on competitive activities while ensuring legal compliance.

find out more

Non Compete Agreement After Resignation

An Australian-compliant agreement restricting former employees' competitive activities post-resignation, with enforceable terms under Australian law.

find out more

Non Compete Letter To New Employer

An Australian jurisdiction letter notifying a new employer of an incoming employee's existing non-compete obligations and requesting cooperation in maintaining compliance.

find out more

Salon Non Compete Agreement

An Australian legal agreement restricting former salon staff from competing activities, protecting the salon's business interests while complying with Australian law.

find out more

Real Estate Non Compete Agreement

An Australian-law governed agreement restricting competitive activities in the real estate sector within specified geographical areas and time periods.

find out more

Non Compete Sales Agreement

An Australian legal agreement restricting sales-related competition between parties, subject to federal and state competition laws.

find out more

Non Compete Letter

An Australian-compliant document establishing reasonable post-employment competitive restrictions, outlining specific limitations on future business activities while protecting legitimate business interests.

find out more

International Non Compete Agreement

An Australian law-governed International Non-Compete Agreement establishing cross-border competitive activity restrictions while ensuring compliance with relevant legal frameworks.

find out more

Non Compete In Severance Agreement

An Australian law-governed agreement combining severance terms with non-compete provisions, protecting employer interests while providing employee compensation.

find out more

Non Compete Agreement For Sales Representative

An Australian-compliant non-compete agreement designed to protect business interests by restricting sales representatives' post-employment competitive activities.

find out more

Agreement Not To Work For Competitor

An Australian law-compliant agreement that restricts an employee from working with competitors for a specified period post-employment.

find out more

Non Competition Agreement Sale Of Business

An Australian legal agreement that prevents a business seller from competing with the sold business, including restrictions on competition, solicitation, and use of confidential information.

find out more

Letter Of Non Solicitation

An Australian-law governed document that prevents the solicitation of employees, clients, or business relationships between parties for a specified period and scope.

find out more

Non Compete Shareholders Agreement

An Australian shareholders agreement incorporating non-compete provisions and restrictive covenants, designed to protect company interests while ensuring compliance with Australian law.

find out more

Non Compete Agreement Insurance Agent

An Australian-compliant Non-Compete Agreement for insurance agents that protects business interests while meeting legal requirements.

find out more

Non Compete Contract

An Australian-law governed agreement restricting competitive activities within specified time and geographic boundaries, subject to reasonable restraint principles under Australian law.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.