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Employment Contract With Equity Template for Australia

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Key Requirements PROMPT example:

Employment Contract With Equity

"I need an Employment Contract with Equity for hiring a new CTO in our Sydney-based tech startup, including provisions for 2% equity vesting over 4 years with a one-year cliff, starting March 2025."

Document background
This Employment Contract With Equity is designed for Australian companies looking to attract and retain key talent by offering both employment and ownership opportunities. It is particularly suitable for startups, scale-ups, and established companies implementing employee equity schemes. The document incorporates all essential elements required under Australian employment law while adding sophisticated equity participation provisions. It's commonly used when hiring senior executives, key technical personnel, or other valuable employees where equity forms part of the compensation package. The contract ensures compliance with the Fair Work Act 2009, Corporations Act 2001, and relevant tax legislation, while protecting the company's interests through appropriate confidentiality, IP, and restraint provisions. This type of agreement has become increasingly important in the Australian market as companies compete for top talent and seek to align employee interests with company growth objectives.
Suggested Sections

1. Parties: Identification of the employer and employee, including ABN/ACN for the employer and full legal name and address for the employee

2. Background: Context of the employment relationship and brief description of the business

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpreting the contract

4. Employment Terms: Position, duties, reporting lines, and employment status (full-time, part-time, casual)

5. Commencement and Duration: Start date, probationary period, and term of employment

6. Remuneration and Benefits: Base salary, superannuation, bonus arrangements, and other benefits

7. Equity Participation: Details of share/option grants, vesting schedules, and conditions

8. Hours of Work: Standard working hours, overtime expectations, and flexible working arrangements

9. Leave Entitlements: Annual, personal, long service, and other leave entitlements

10. Confidentiality: Protection of company confidential information and trade secrets

11. Intellectual Property: Ownership and assignment of IP created during employment

12. Post-Employment Obligations: Non-compete, non-solicitation, and other restraints

13. Termination: Notice periods, grounds for termination, and post-termination obligations

14. General Provisions: Governing law, entire agreement, variation, and severability clauses

Optional Sections

1. Performance and Review: Details of performance review process and KPIs - include for senior roles or performance-based compensation

2. International Travel: Terms for international work and travel - include if role requires overseas work

3. Commission Structure: Detailed commission calculations and terms - include for sales roles

4. Flexible Working Arrangements: Specific provisions for remote work or flexible arrangements - include if offering non-standard working arrangements

5. Garden Leave: Provisions for garden leave during notice period - include for senior executives

6. Change of Control: Impact of company ownership changes on employment/equity - include for senior roles or significant equity grants

7. Secondment: Terms for potential secondment to related entities - include if relevant to business structure

8. Sign-on Bonus: Terms and conditions of any sign-on bonus - include if offering signing incentives

Suggested Schedules

1. Schedule 1 - Position Description: Detailed outline of role, responsibilities, and key performance indicators

2. Schedule 2 - Equity Terms: Detailed terms and conditions of the equity scheme, including vesting schedule and exercise terms

3. Schedule 3 - Bonus Scheme: Details of any performance bonus or incentive schemes

4. Schedule 4 - Company Policies: List of applicable company policies and procedures

5. Schedule 5 - Restraint Provisions: Detailed post-employment restraints with cascading clauses

6. Appendix A - Share Plan Rules: Full rules of the employee share scheme or option plan

7. Appendix B - Consent Forms: Required forms for privacy, IT policies, and other consents

8. Appendix C - Superannuation Information: Details of superannuation arrangements and choice of fund forms

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






















































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Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

E-commerce

Software Development

Biotechnology

Consulting

Media and Entertainment

Renewable Energy

Manufacturing

Real Estate

Education Technology

Retail

Telecommunications

Relevant Teams

Executive Leadership

Engineering

Product Development

Sales

Marketing

Research & Development

Operations

Finance

Human Resources

Legal

Business Development

Data Science

Customer Success

Strategy

Design

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Senior Software Engineer

Product Manager

Head of Sales

Chief Marketing Officer

Technical Lead

Senior Data Scientist

VP of Engineering

Chief Operating Officer

Head of Product

Principal Engineer

Senior Business Development Manager

Head of Strategy

Research Director

Chief Revenue Officer

Head of People & Culture

Solutions Architect

General 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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