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End Of Service Contract

End Of Service Contract Template for Australia

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Key Requirements PROMPT example:

End Of Service Contract

"I need an End of Service Contract for a Senior Technology Executive departing on March 15, 2025, including share option provisions, 6-month non-compete clause, and continued health benefits for 3 months."

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Document background
The End of Service Contract is a crucial document used in Australian employment contexts to formally document the termination of an employment relationship. It is typically implemented when an employee's service is concluding due to resignation, mutual agreement, redundancy, or retirement. The document serves multiple purposes: it clearly defines the termination date, outlines all final payments and entitlements under Australian law, addresses the return of company property, maintains confidentiality obligations, and provides legal protection for both parties through mutual releases. This agreement must comply with the Fair Work Act 2009, relevant state legislation, and industry-specific requirements, making it essential for proper employment separation documentation in Australia.
Suggested Sections

1. Parties: Identification of the employer and employee

2. Background: Context of employment and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment ends and final working day

5. Final Payment: Details of final salary, outstanding wages, and statutory entitlements

6. Leave Entitlements: Calculation and payment of unused annual leave, long service leave, and other leave entitlements

7. Company Property: Requirements for return of company assets and property

8. Confidentiality: Ongoing obligations regarding confidential information

9. Release and Waiver: Mutual release of claims and obligations

10. Tax Treatment: Acknowledgment of tax implications and treatment of payments

11. Governing Law: Jurisdiction and applicable law

12. Execution: Signing provisions and date

Optional Sections

1. Redundancy Payment: Details of redundancy payment if termination is due to redundancy

2. Post-Employment Restrictions: Non-compete and non-solicitation clauses for senior employees

3. Reference and Announcement: Agreement on how departure will be communicated and reference provisions

4. Ongoing Benefits: Continuation of specific benefits post-employment if applicable

5. Share Options/Incentives: Treatment of outstanding share options or incentive schemes

6. Assistance with Transition: Requirements for handover and transition of duties

7. Legal Advice: Acknowledgment of independent legal advice if provided

8. Dispute Resolution: Process for resolving any disputes about the agreement

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all final payments including statutory entitlements

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

3. Schedule 3 - Confidential Information: Specific details of confidential information and intellectual property

4. Schedule 4 - Post-Employment Obligations: Detailed terms of any ongoing obligations or restrictions

5. Appendix A - Statutory Declaration: Employee declaration regarding return of company property and information

6. Appendix B - Tax Declaration: Employee tax declaration for termination payments

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Professional Services

Technology

Manufacturing

Mining

Retail

Healthcare

Education

Construction

Telecommunications

Transportation

Energy

Agriculture

Government

Non-Profit

Relevant Teams

Human Resources

Legal

Finance

Operations

Management

Administration

Compliance

Risk Management

Payroll

Employee Relations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

General Manager

Department Head

Senior Manager

Project Manager

Technical Lead

Senior Engineer

Sales Director

Account Manager

HR Manager

Operations Manager

Financial Controller

Legal Counsel

Administrative Officer

Executive Assistant

Business Analyst

Software Developer

Marketing Manager

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships, termination of employment, notice periods, and final entitlements
Superannuation Guarantee (Administration) Act 1992: Governs superannuation obligations on final payments and treatment of superannuation upon termination
Income Tax Assessment Act 1997: Regulates taxation of termination payments, including tax treatment of unused leave entitlements and redundancy payments
Long Service Leave Act (State-specific): State-based legislation governing long service leave entitlements and payments upon termination
Privacy Act 1988 (Cth): Regulates the handling and protection of employee personal information during and after employment
Competition and Consumer Act 2010: Relevant for restraint of trade clauses and post-employment restrictions
National Employment Standards: Outlines minimum entitlements including notice periods and redundancy pay requirements
State Industrial Relations Acts: State-specific employment legislation that may affect termination requirements and entitlements
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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