Non Compete Agreement For Sales Representative Template for Australia

The Non-Compete Agreement For Sales Representative is essential for Australian businesses seeking to protect their customer relationships, confidential information, and competitive advantage when employing sales personnel. This document is typically used when onboarding new sales representatives or modifying existing employment arrangements where the employee has access to sensitive customer information, pricing strategies, or proprietary sales methodologies. The agreement needs to comply with Australian competition law, employment regulations, and common law principles regarding restraint of trade. It should be customized based on the specific state or territory jurisdiction, as enforcement approaches may vary across Australian jurisdictions. The agreement typically includes detailed provisions about restricted activities, geographical limitations, and time periods, all of which must be reasonable and proportionate to the employer's legitimate business interests.

1. Parties: Identifies the employer and the sales representative, including their full legal names and addresses

2. Background: Explains the context of the agreement, including the nature of the employment relationship and the legitimate business interests being protected

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

4. Scope of Employment: Outlines the sales representative's role, responsibilities, and access to confidential information and customer relationships

5. Non-Compete Obligations: Details the specific restrictions on competing activities, including duration and geographical limitations

6. Non-Solicitation of Customers: Prohibits the solicitation of company customers and prospects during and after employment

7. Non-Solicitation of Employees: Prevents the recruitment or attempted recruitment of company employees

8. Confidentiality Obligations: Specifies the treatment and protection of confidential information and trade secrets

9. Duration and Territory: Clearly states the time period and geographic area of restrictions

10. Acknowledgments: Contains employee acknowledgments regarding the reasonableness of restrictions and receipt of consideration

11. Remedies: Outlines the consequences of breach and available remedies, including injunctive relief

12. General Provisions: Standard clauses including governing law, severability, and entire agreement provisions