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Employee Exclusivity Agreement Template for Australia

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Key Requirements PROMPT example:

Employee Exclusivity Agreement

"I need an Employee Exclusivity Agreement for a senior software developer in Sydney, starting March 2025, with specific provisions for allowing continued involvement in open-source projects and occasional technical conference speaking engagements."

Document background
The Employee Exclusivity Agreement is a crucial document for Australian businesses seeking to secure dedicated commitment from key employees. This agreement is particularly relevant when engaging high-value employees, senior executives, or specialists whose concurrent employment with competitors could pose significant business risks. The document ensures compliance with Australian employment law while protecting legitimate business interests through carefully crafted exclusivity provisions. It is designed to balance employer protection with employee rights under the Fair Work Act 2009 and related legislation, making it suitable for various industries where exclusive employment relationships are essential. The agreement typically includes detailed provisions about permitted activities, compensation for exclusivity, and mechanisms for monitoring and enforcing compliance.
Suggested Sections

1. Parties: Identifies the employer and employee, including their legal names and addresses

2. Background: Sets out the context of the agreement, including the employee's role and reason for exclusivity requirement

3. Definitions: Defines key terms used throughout the agreement, including 'exclusivity period', 'permitted activities', and 'confidential information'

4. Duration: Specifies the term of the exclusivity arrangement, including start date and any renewal provisions

5. Exclusivity Obligations: Details the core exclusivity requirements and the employee's commitments to work exclusively for the employer

6. Permitted Activities: Outlines any explicitly allowed activities or work outside the exclusivity arrangement

7. Compensation: Specifies any additional compensation or benefits provided in consideration for the exclusivity commitment

8. Confidentiality: Addresses the handling and protection of confidential information during and after the exclusivity period

9. Breach and Remedies: Outlines consequences of breach and available remedies to the employer

10. Termination: Details circumstances under which the agreement can be terminated by either party

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

Optional Sections

1. Industry-Specific Obligations: Additional obligations specific to regulated industries (e.g., financial services, healthcare)

2. International Work: Provisions dealing with international work arrangements and jurisdictional issues

3. Academic/Research Exception: Specific provisions for academic or research staff allowing certain external academic activities

4. Board Positions: Provisions regarding serving on external boards or advisory positions

5. Emergency Services Exception: Exceptions for employees who serve as emergency service volunteers

6. Shareholding Permissions: Provisions regarding permitted ownership of shares in other companies

7. Speaking Engagements: Terms governing acceptance of speaking engagements or conference presentations

8. Transition Period: Provisions for a gradual transition into full exclusivity

Suggested Schedules

1. Schedule 1 - Permitted Activities: Detailed list of specifically permitted external activities and any conditions attached

2. Schedule 2 - Compensation Details: Breakdown of any additional compensation or benefits related to exclusivity

3. Schedule 3 - Reporting Requirements: Forms and procedures for reporting any external activities or potential conflicts

4. Schedule 4 - Key Performance Indicators: Metrics used to evaluate the employee's commitment to exclusivity if linked to performance

5. Appendix A - Compliance Checklist: Checklist for ensuring ongoing compliance with exclusivity obligations

6. Appendix B - Disclosure Form: Standard form for disclosing any potential conflicts or external commitments

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Financial Services

Professional Services

Healthcare

Pharmaceuticals

Media and Entertainment

Management Consulting

Research and Development

Biotechnology

Executive Search

Investment Banking

Legal Services

Engineering

Relevant Teams

Human Resources

Legal

Executive Leadership

Finance

Research & Development

Sales

Product Development

Information Technology

Business Development

Professional Services

Client Services

Operations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Manager

Executive Director

Managing Director

Head of Department

Senior Consultant

Principal Researcher

Key Account Manager

Senior Software Developer

Investment Manager

Senior Legal Counsel

Research Director

Technical Specialist

Product Manager

Sales Director

Creative Director

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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