Voluntary Severance Agreement Template for Australia

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Key Requirements PROMPT example:

Voluntary Severance Agreement

"I need a Voluntary Severance Agreement for a senior software developer in our tech startup who has agreed to take voluntary redundancy as part of our restructuring, with a termination date of March 15, 2025, including non-compete provisions and treatment of unvested stock options."

Document background
This document is utilized when an employer and employee mutually agree to end their employment relationship, typically as part of a voluntary redundancy program or organizational restructuring. A Voluntary Severance Agreement under Australian law serves as a comprehensive record of the separation terms, protecting both parties' interests while ensuring compliance with federal and state employment legislation. It outlines severance payments, statutory entitlements, tax treatments, and ongoing obligations, while providing clarity on the termination process. The agreement is particularly important in the Australian context as it must align with Fair Work Act requirements and other relevant employment laws. It should be customized based on factors such as the employee's seniority, length of service, and specific industry requirements.
Suggested Sections

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: Outlines the context of the voluntary severance arrangement and employment history

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

4. Termination Date: Specifies the effective date of employment termination

5. Severance Payment: Details the severance amount, calculation method, and payment timing

6. Statutory Entitlements: Lists all statutory entitlements including annual leave, long service leave, and notice period payments

7. Tax Treatment: Explains the tax handling of various payment components

8. Release and Waiver: Mutual release of claims between parties

9. Confidentiality: Obligations regarding confidentiality of the agreement and company information

10. Return of Company Property: Requirements and timeline for returning company assets and documents

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

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Post-Employment Restrictions: Non-compete and non-solicitation clauses, used when protecting business interests is crucial

2. Outplacement Services: Details of any career transition support offered, included when part of the severance package

3. Reference and Announcement: Terms regarding employment references and how the departure will be communicated, used when agreed specifically

4. Ongoing Cooperation: Requirements for assistance with handover or future inquiries, included for senior roles or complex positions

5. Equity/Share Rights: Treatment of existing share rights or options, included when employee has equity compensation

6. Medical Benefits Continuation: Details of any continued health benefits, included if offering extended benefits

7. Legal Advice Confirmation: Acknowledgment of independent legal advice, recommended for senior executives or complex arrangements

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payment components including severance, statutory entitlements, and other benefits

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

3. Schedule 3 - Continuing Obligations: Reference to relevant clauses from employment agreement that survive termination

4. Appendix A - Deed of Release: Formal release of claims document

5. Appendix B - Certificate of Independent Legal Advice: Form for legal advisor to confirm independent advice provided

6. Appendix C - Resignation Letter: Template or copy of formal resignation letter

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

Retail

Healthcare

Mining

Professional Services

Education

Construction

Telecommunications

Media and Entertainment

Transport and Logistics

Energy and Utilities

Government and Public Sector

Non-profit Organizations

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Production

Administration

Compliance

Risk Management

Corporate Communications

Facilities Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Department Manager

Senior Manager

Project Manager

Team Leader

Senior Developer

Software Engineer

Account Manager

Sales Representative

Administrative Assistant

Human Resources Manager

Marketing Specialist

Operations Manager

Research Analyst

Production Worker

Customer Service Representative

Technical Support Specialist

Finance Manager

Business Analyst

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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