Non Compete In Severance Agreement Template for Australia

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Key Requirements PROMPT example:

Non Compete In Severance Agreement

"I need a Non-Compete in Severance Agreement for our departing Chief Technology Officer in the fintech sector, with a 12-month restriction period across Australia and New Zealand, including specific protections for our proprietary trading algorithms and client relationships."

Document background
The Non-Compete in Severance Agreement is a critical document used in Australian employment contexts when an employer wishes to protect their business interests while providing severance benefits to a departing employee. This document type is particularly relevant in situations involving senior executives, key personnel, or employees with access to sensitive information or important client relationships. It combines the elements of a standard severance agreement with specific non-compete provisions that restrict the employee's ability to compete with the former employer for a defined period and within a specified geographical area. The agreement must be carefully drafted to ensure enforceability under Australian law, considering both federal legislation (such as the Competition and Consumer Act 2010) and state-specific requirements. The document typically includes detailed provisions about severance compensation, which serves as consideration for the non-compete obligations.
Suggested Sections

1. Parties: Identification of the employer and employee, including their full legal names and addresses

2. Background: Context of the agreement, including employment history and reason for separation

3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Competitive Activity', 'Restricted Period', and 'Restricted Territory'

4. Severance Payment: Details of the severance package, including amount, payment schedule, and conditions

5. Non-Compete Obligations: Specific restrictions on competitive activities, including duration and geographical scope

6. Non-Solicitation: Restrictions on soliciting employees, customers, or suppliers

7. Confidentiality: Obligations regarding confidential information and trade secrets

8. Acknowledgments: Employee's acknowledgment of reasonableness of restrictions and receipt of consideration

9. Enforcement: Rights and remedies in case of breach, including injunctive relief

10. Governing Law: Specification of Australian law and jurisdiction

11. Execution: Signature blocks and execution details

Optional Sections

1. Garden Leave: Include when the employee will be paid but not required to work during the notice period

2. Return of Property: Include when there are specific company assets or documents to be returned

3. Mutual Release: Include when both parties agree to release each other from claims

4. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters

5. Tax Treatment: Include when specific tax arrangements or implications need to be addressed

6. Independent Legal Advice: Include when specifically requiring confirmation of independent legal advice

7. Variation: Include when specific provisions for modifying the agreement may be needed

Suggested Schedules

1. Schedule 1 - Severance Payment Details: Detailed breakdown of severance payment components and timing

2. Schedule 2 - Restricted Territory: Detailed description or map of geographical areas covered by non-compete

3. Schedule 3 - Restricted Activities: Comprehensive list of prohibited competitive activities

4. Schedule 4 - Company Information: Definition and examples of confidential information and trade secrets

5. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt of severance payment

6. Appendix B - Compliance Certificate: Template for periodic certification of compliance with non-compete obligations

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
Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Manufacturing

Retail

Telecommunications

Mining and Resources

Pharmaceuticals

Consulting

Media and Entertainment

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Business Development

Research and Development

Product Development

Client Services

Operations

Technical Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Manager

Sales Director

Technical Director

Head of Department

Senior Engineer

Account Director

Regional Manager

Product Manager

Research Director

Principal Consultant

Senior Scientist

Business Development Manager

Chief Technology Officer

Industries
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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