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Employee Non Solicitation Agreement for Australia

Employee Non Solicitation Agreement Template for Australia

An Australian-compliant legal agreement designed to protect a company's workforce by preventing former employees from soliciting current employees to leave their employment. The agreement establishes specific temporal and geographical restrictions, defines prohibited solicitation activities, and ensures compliance with Australian employment and competition laws while maintaining reasonable and enforceable restrictions. It includes provisions for remedies in case of breach and is structured to be enforceable under Australian federal law and relevant state jurisdictions.

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Employee Non Solicitation Agreement

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What is a Employee Non Solicitation Agreement?

The Employee Non-Solicitation Agreement is a crucial document for Australian businesses seeking to protect their workforce from systematic recruitment by former employees. This agreement is particularly important in today's competitive business environment where employee retention and protection of human capital are vital for business success. It should be implemented when employees have access to sensitive information about their colleagues, including compensation details, skills, and roles, or when they hold positions that could enable them to influence other employees' decisions to leave. The agreement must be carefully drafted to comply with Australian competition and employment laws, ensuring restrictions are reasonable and enforceable while protecting legitimate business interests. Typically used alongside employment contracts or confidentiality agreements, it forms part of a comprehensive strategy to protect business assets and maintain workforce stability.

What sections should be included in a Employee Non Solicitation Agreement?

1. Parties: Identifies and defines the employer and employee parties to the agreement

2. Background: Sets out the context of the agreement, including the employee's role and access to confidential information

3. Definitions: Defines key terms including 'solicitation', 'restricted period', 'confidential information', 'customer', and 'employee'

4. Non-Solicitation of Employees: Core provisions prohibiting the solicitation or attempted solicitation of other employees

5. Duration and Geographic Scope: Specifies the time period and geographic area where the restrictions apply

6. Legitimate Business Interests: Establishes the legitimate business interests being protected by the agreement

7. Acknowledgments: Employee acknowledgments regarding reasonableness of restrictions and receipt of consideration

8. Remedies for Breach: Outlines the consequences and remedies available in case of breach

9. Severability: Ensures survival of remaining provisions if any provision is found invalid

10. Governing Law: Specifies that Australian law governs the agreement

11. Execution: Formal execution provisions and signature blocks

What sections are optional to include in a Employee Non Solicitation Agreement?

1. Non-Solicitation of Customers: Additional provisions preventing solicitation of customers - used when employee has significant customer contact

2. Confidentiality Obligations: Detailed confidentiality provisions - used when not covered in a separate agreement

3. Garden Leave: Provisions for garden leave during notice period - used for senior employees

4. Independent Legal Advice: Acknowledgment of receiving independent legal advice - used for more senior positions or complex restrictions

5. Consideration: Specific details of consideration provided - used when additional consideration beyond continued employment is provided

6. Reporting Obligations: Requirements to report new employment - used for senior roles or high-risk situations

7. Survival of Obligations: Specifies which obligations survive termination - used in more complex agreements

What schedules should be included in a Employee Non Solicitation Agreement?

1. Schedule 1 - Restricted Employees: List of specific employees or employee categories that cannot be solicited

2. Schedule 2 - Restricted Territory: Detailed description of the geographic area where restrictions apply

3. Schedule 3 - Consideration Details: Specific details of any consideration provided for the restrictions

4. Appendix A - Acknowledgment Form: Form for employee to acknowledge understanding and acceptance of terms

5. Appendix B - Exit Interview Reminder: Reminder of obligations to be provided during exit interview

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions



























Clauses






















Relevant Industries

Professional Services

Financial Services

Technology

Healthcare

Consulting

Manufacturing

Retail

Telecommunications

Mining and Resources

Education

Legal Services

Engineering

Construction

Biotechnology

Marketing and Advertising

Relevant Teams

Human Resources

Legal

Senior Management

Sales

Business Development

Client Relations

Operations

Research and Development

Engineering

Product Development

Professional Services

Consulting

Account Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Team Leader

Human Resources Director

Sales Manager

Account Executive

Technical Lead

Project Manager

Senior Consultant

Department Manager

Regional Manager

Business Development Manager

Operations Manager

Senior Engineer

Product Manager

Client Relations Manager

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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