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Labor Release Form for Australia

Labor Release Form Template for Australia

A Labor Release Form is a legally binding document used in Australian employment law to formalize the termination of an employment relationship and document the settlement terms between an employer and employee. The document outlines the terms of separation, including financial settlements, mutual releases of claims, confidentiality obligations, and other relevant conditions. It serves to protect both parties' interests by clearly defining their rights and obligations post-employment while ensuring compliance with Australian federal and state employment legislation, including the Fair Work Act 2009 and relevant state industrial relations laws.

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What is a Labor Release Form?

The Labor Release Form is a critical document in Australian employment law used when formally concluding an employment relationship, whether through mutual agreement, redundancy, or other circumstances. It serves as a comprehensive settlement agreement that protects both employer and employee interests by clearly documenting the terms of separation, including financial settlements, release of claims, and ongoing obligations. This document is particularly important in situations involving senior executives, sensitive departures, or where there are potential disputes to be resolved. The form must comply with Australian federal legislation, including the Fair Work Act 2009, as well as relevant state laws, and typically includes provisions for confidentiality, non-disparagement, and the return of company property. It's essential to have this document reviewed by legal counsel to ensure it meets all jurisdictional requirements and adequately protects all parties' interests.

What sections should be included in a Labor Release Form?

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

2. Background: Brief history of employment relationship, reason for termination, and context for the release agreement

3. Definitions: Key terms used throughout the agreement, including 'Claims', 'Confidential Information', and 'Release Date'

4. Termination of Employment: Confirmation of employment end date and terms of separation

5. Settlement Payment: Details of any payments to be made, including final salary, leave entitlements, and additional settlement amounts

6. Release and Discharge: Mutual release of claims between parties, specifying what claims are being waived

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

8. Non-Disparagement: Mutual agreements not to make derogatory statements about each other

9. Return of Property: Requirements for returning company property and documents

10. Tax Implications: Statement about tax treatment of payments and responsibilities

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

12. Execution: Signing provisions and attestation requirements

What sections are optional to include in a Labor Release Form?

1. Post-Employment Restrictions: Include when there are specific non-compete or non-solicitation requirements

2. Reference and Future Employment: Include when parties agree on specific terms about employment references

3. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters

4. Intellectual Property Rights: Include when IP ownership or transfer needs to be specifically addressed

5. Legal Advice: Include when documenting that parties had opportunity to seek independent legal advice

6. Social Media: Include when specific provisions about social media conduct are necessary

7. Superannuation: Include when specific superannuation arrangements need to be documented

What schedules should be included in a Labor Release Form?

1. Schedule 1 - Payment Details: Detailed breakdown of all payments and entitlements

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

3. Schedule 3 - Certificate of Independent Legal Advice: Form for legal advisors to certify provision of independent advice

4. Appendix A - Statutory Declaration: Template for statutory declaration if required

5. Appendix B - Resignation Letter: Template or copy of formal resignation letter if applicable

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

Sector

Cost

Free to use
Relevant legal definitions



























Clauses

































Relevant Industries

Professional Services

Financial Services

Technology

Manufacturing

Retail

Healthcare

Education

Mining

Construction

Hospitality

Transport and Logistics

Government

Non-Profit

Telecommunications

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Industrial Relations

People and Culture

Corporate Services

Administration

Risk Management

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

Employment Lawyer

Chief Human Resources Officer

HR Business Partner

Compliance Officer

Chief Executive Officer

Managing Director

Department Manager

HR Administrator

Chief Legal Officer

General Counsel

Industrial Relations Manager

People and Culture 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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