Independent Contractor Non Compete Agreement for Australia

Independent Contractor Non Compete Agreement Template for Australia

This Independent Contractor Non-Compete Agreement Template is designed for use in Australia, complying with Australian federal and state laws regarding restraint of trade and independent contractor relationships. The agreement establishes post-engagement restrictions on competitive activities while maintaining compliance with the Competition and Consumer Act 2010 and relevant state legislation. It includes provisions for protecting confidential information, defining restricted activities, and specifying geographical limitations and duration of restrictions, all structured to meet Australian courts' requirements for reasonable and enforceable non-compete provisions.

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What is a Independent Contractor Non Compete Agreement?

The Independent Contractor Non Compete Agreement Template is essential for Australian businesses engaging independent contractors who will have access to sensitive information, valuable client relationships, or proprietary knowledge. This document is specifically designed to comply with Australian competition law, independent contractor legislation, and common law principles regarding restraint of trade. It should be used when engaging contractors in roles where protecting business interests through post-engagement restrictions is crucial. The agreement includes comprehensive provisions for defining restricted activities, geographical scope, duration of restrictions, and confidentiality obligations, while ensuring enforceability under Australian law. It's particularly relevant in situations where contractors may gain significant insight into business operations, client relationships, or proprietary information that could be competitively advantageous if used elsewhere.

What sections should be included in a Independent Contractor Non Compete Agreement?

1. Parties: Identifies and defines the contracting parties - the business/company and the independent contractor

2. Background: Explains the context of the agreement, nature of the business, and reason for the non-compete provisions

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Restricted Business', 'Territory', and 'Restricted Period'

4. Contractor Relationship: Establishes the nature of the independent contractor relationship and explicitly disclaims any employment relationship

5. Non-Compete Obligations: Details the specific activities the contractor is prohibited from engaging in during and after the contract period

6. Duration and Territory: Specifies the time period and geographic area where the non-compete restrictions apply

7. Confidentiality Obligations: Outlines the contractor's obligations regarding confidential information and trade secrets

8. Intellectual Property Rights: Addresses ownership and rights to any intellectual property created during the contract period

9. Consideration: Specifies the consideration provided in exchange for the non-compete obligations

10. Acknowledgments: Contractor's acknowledgment that restrictions are reasonable and necessary

11. Breach and Remedies: Outlines consequences of breach and available remedies including injunctive relief

12. General Provisions: Standard clauses including governing law, severability, and entire agreement provisions

What sections are optional to include in a Independent Contractor Non Compete Agreement?

1. Non-Solicitation: Additional restrictions on soliciting clients or employees - used when the contractor has significant client or employee contact

2. Garden Leave: Provisions for paid non-compete period - used for high-level contractors with significant market influence

3. Training and Trade Secrets: Specific provisions regarding specialized training or access to trade secrets - used when substantial proprietary knowledge is involved

4. International Operations: Additional provisions for contractors working across multiple jurisdictions

5. Exit Obligations: Detailed procedures for contract termination - used for contractors with significant company asset access

6. Dispute Resolution: Alternative dispute resolution procedures - used when parties prefer mediation/arbitration over litigation

7. Compliance with Industry Regulations: Industry-specific compliance requirements - used in regulated industries

What schedules should be included in a Independent Contractor Non Compete Agreement?

1. Schedule A - Restricted Activities: Detailed list of specific activities, businesses, and roles that are restricted

2. Schedule B - Territory Definition: Detailed description of geographic areas where restrictions apply, including maps if necessary

3. Schedule C - Consideration Details: Specific details of compensation or benefits provided in exchange for non-compete obligations

4. Schedule D - Confidential Information: Comprehensive list of types of confidential information covered by the agreement

5. Appendix 1 - Contractor Services: Detailed description of services provided by the contractor during the engagement

6. Appendix 2 - Key Clients: List of key clients or customer relationships covered by non-solicitation provisions if applicable

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

Jurisdiction

Australia

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Technology

Professional Services

Healthcare

Financial Services

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Manufacturing

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Marketing and Advertising

Engineering

Construction

Biotechnology

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Relevant Teams

Legal

Human Resources

Procurement

Operations

Executive Leadership

Compliance

Risk Management

Information Technology

Research and Development

Sales

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Finance

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Project Management Office

Relevant Roles

Consultant

Software Developer

Project Manager

Business Analyst

Technical Specialist

Sales Representative

Marketing Consultant

Financial Advisor

Training Specialist

Research Scientist

Design Contractor

Engineering Contractor

IT Specialist

Management Consultant

Healthcare Professional

Creative Director

Strategic Advisor

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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