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Management Contract for Australia

Management Contract Template for Australia

An Australian Management Contract is a comprehensive employment agreement specifically designed for senior management positions under Australian employment law. It establishes the terms and conditions of employment for managers and executives, including their duties, responsibilities, remuneration, benefits, and performance expectations. The document incorporates provisions compliant with Australian federal and state legislation, including the Fair Work Act 2009, and addresses key aspects such as confidentiality, intellectual property rights, post-employment restrictions, and termination conditions. It serves as a crucial legal framework for protecting both the employer's interests and the manager's rights.

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What is a Management Contract?

Management Contracts are essential legal documents used when appointing senior personnel to management positions within Australian organizations. These contracts are more comprehensive than standard employment agreements, reflecting the increased responsibility and authority of management roles. The Management Contract typically includes detailed provisions for executive compensation, performance metrics, strategic decision-making authority, and protection of company interests through confidentiality and non-compete clauses. It must comply with Australian employment law, including the Fair Work Act 2009 and relevant state legislation, while also addressing corporate governance requirements under the Corporations Act 2001. These contracts are particularly important for establishing clear expectations, protecting intellectual property, and managing potential conflicts of interest in senior roles.

What sections should be included in a Management Contract?

1. Parties: Identifies the employer entity and the manager, including their full legal names and addresses

2. Background: Outlines the context of the appointment and the business of the employer

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation principles

4. Appointment and Term: Specifies the role, position title, and duration of the appointment (fixed-term or ongoing)

5. Duties and Responsibilities: Details the manager's key responsibilities, reporting lines, and performance expectations

6. Location and Hours: Specifies primary work location and expected working hours/flexibility requirements

7. Remuneration and Benefits: Details base salary, bonuses, benefits, and review mechanisms

8. Leave Entitlements: Specifies annual leave, personal leave, long service leave and other leave entitlements

9. Confidentiality: Defines confidential information and obligations regarding its protection

10. Intellectual Property: Addresses ownership and protection of IP created during employment

11. Conflicts of Interest: Sets out obligations regarding avoiding and disclosing conflicts

12. Termination: Details circumstances for termination, notice periods, and payments

13. Post-Employment Obligations: Includes restraints of trade and ongoing confidentiality obligations

14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement

What sections are optional to include in a Management Contract?

1. Director Obligations: Required if the manager will also be appointed as a company director

2. Share Options/Equity: Include if the manager will participate in equity schemes

3. International Travel: Required if role involves significant international responsibilities

4. KPIs and Performance Metrics: Detailed performance criteria for bonus-dependent positions

5. Secondment Provisions: Include if manager may be seconded to related entities

6. Garden Leave: Include for senior executives where gardening leave may be required

7. Change of Control: Important for senior roles in companies that may be acquired

8. Compliance with Policies: Detailed policy compliance section for regulated industries

What schedules should be included in a Management Contract?

1. Position Description: Detailed outline of role responsibilities and requirements

2. Remuneration Package Details: Comprehensive breakdown of salary package and benefits

3. Bonus Scheme Rules: Detailed rules and calculations for performance bonuses

4. Company Policies: Key policies the manager must comply with

5. Restraint of Trade: Detailed post-employment restrictions including cascading clauses

6. Approved Outside Interests: List of pre-approved directorships or other interests

7. Equipment and Resources: Details of company property provided to the manager

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

Agreement Contract

Cost

Free to use
Relevant legal definitions










































Clauses









































Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Mining and Resources

Construction

Education

Telecommunications

Transport and Logistics

Hospitality

Energy

Relevant Teams

Human Resources

Legal

Executive Office

Corporate Governance

Talent Acquisition

Compliance

Risk Management

Board Secretariat

Operations

Finance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

General Manager

Regional Manager

Department Head

Division Director

Managing Director

Executive Director

Senior Manager

Operations Manager

Project Director

Branch Manager

Country Manager

Vice President

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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