Employment Settlement Agreements are used in Australia when an employment relationship is being terminated and both parties wish to achieve a clean break with clearly documented terms. This document is particularly relevant in situations involving redundancy, mutual separation, or resolution of workplace disputes. The Employment Settlement Agreement typically includes provisions for financial settlements, statutory entitlements, confidentiality obligations, and mutual releases of claims. It must comply with Australian employment law, including the Fair Work Act 2009, anti-discrimination legislation, and relevant state laws. The agreement serves to protect both employer and employee interests by providing certainty about separation terms and preventing future claims while ensuring all legal obligations are met.
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1. Parties: Identification of the employer and employee parties to the agreement
2. Background: Context of employment relationship, reason for termination/settlement, and purpose of agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation clauses
4. Settlement Payments: Details of all payments to be made, including statutory entitlements and ex-gratia payments
5. Tax Treatment: Specification of how different payment components will be treated for tax purposes
6. Mutual Releases: Full release of claims by both parties
7. Confidentiality: Obligations regarding confidentiality of settlement terms and company information
8. Non-disparagement: Mutual obligations not to make derogatory statements
9. Return of Property: Requirements for return of company property and information
10. Employee Warranties: Employee confirmations regarding company property, information, and future claims
11. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability
1. Post-Employment Restrictions: Restatement or modification of existing restraint of trade obligations
2. Reference and Communications: Terms regarding employment references and internal/external communications about departure
3. Intellectual Property: Specific provisions regarding IP created during employment
4. Ongoing Cooperation: Terms for employee assistance with handover or future matters
5. Benefits Continuation: Any continued benefits or insurance coverage
6. Legal Advice: Acknowledgment of independent legal advice if provided
7. Migration Matters: Provisions relating to visa status if employee is on sponsored visa
1. Schedule 1 - Payment Calculations: Detailed breakdown of all payment components including statutory entitlements, notice periods, and ex-gratia payments
2. Schedule 2 - Statement of Service: Agreed form of employment reference or statement of service
3. Schedule 3 - Company Property: List of company property to be returned
4. Schedule 4 - Deed of Release: Formal deed of release containing specific release provisions
5. Schedule 5 - Tax Declaration: Employee's tax declaration for payment purposes
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Transport and Logistics
Agriculture
Media and Entertainment
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Relevant Teams
Human Resources
Legal
Compliance
Finance
Executive Leadership
Industrial Relations
Employee Relations
Payroll
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Relevant Roles
Human Resources Director
Employment Lawyer
HR Business Partner
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Employee Relations Specialist
Compliance Officer
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General Manager
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