Outside Employment Agreement Template for Australia

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Key Requirements PROMPT example:

Outside Employment Agreement

"I need an Outside Employment Agreement for a senior software developer in our fintech company who wants to do consulting work on weekends; the agreement should focus on protecting our IP and ensuring no conflicts with our financial services clients."

Document background
The Outside Employment Agreement is essential in modern Australian workplaces where employees increasingly seek diverse professional opportunities while maintaining primary employment. This document is particularly relevant in the context of the gig economy, consulting work, and professional services where employees may have opportunities for additional income streams. The agreement protects both employer and employee interests by clearly defining parameters for outside work, ensuring compliance with Australian employment legislation, and establishing transparent processes for approval and monitoring. It addresses key concerns such as confidentiality, time commitment, conflicts of interest, and intellectual property rights, while providing flexibility for employees to pursue professional development opportunities that don't compromise their primary employment obligations.
Suggested Sections

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: Sets out the context of the agreement, including the employee's primary employment and the need for outside employment regulation

3. Definitions: Defines key terms used throughout the agreement, including 'Outside Employment', 'Conflict of Interest', 'Confidential Information'

4. Primary Employment Obligations: Reaffirms the employee's primary obligations and duties to their main employer

5. Outside Employment Requirements: Details the conditions under which outside employment may be undertaken and the approval process

6. Disclosure Obligations: Specifies what information must be disclosed about outside employment activities

7. Time Commitment: Sets limits on time spent on outside employment to ensure it doesn't interfere with primary duties

8. Conflicts of Interest: Addresses how potential conflicts will be identified and managed

9. Confidential Information: Protects employer's confidential information and intellectual property

10. Breach and Termination: Consequences of breaching the agreement and termination provisions

11. General Provisions: Standard contractual terms including governing law, entire agreement, and amendments

Optional Sections

1. Non-Competition: Additional restrictions on competing activities - include when the employee has access to sensitive commercial information

2. Intellectual Property: Detailed IP provisions - include when the outside work may involve creation of IP

3. Income Reporting: Requirements for reporting outside income - include for senior positions or where required by industry regulations

4. Professional Indemnity Insurance: Insurance requirements - include for professional services roles

5. Use of Employer Resources: Rules about using employer resources for outside work - include when relevant to the role

6. Industry-Specific Compliance: Additional compliance requirements - include for regulated industries like financial services or healthcare

Suggested Schedules

1. Outside Employment Application Form: Standard form for requesting approval for outside employment

2. Approved Outside Activities: List of pre-approved types of outside employment or activities

3. Conflict of Interest Declaration: Template for declaring potential conflicts

4. Reporting Requirements: Detailed procedures for regular reporting of outside employment activities

5. Company Policies: Reference to relevant company policies regarding outside employment

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

Relevant Industries

Education

Professional Services

Healthcare

Financial Services

Technology

Consulting

Research & Development

Media & Entertainment

Non-Profit

Legal Services

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Professional Services

Research & Development

Academic Faculty

Medical Staff

Information Technology

Corporate Services

Relevant Roles

Professor

Consultant

Software Developer

Medical Practitioner

Financial Advisor

Legal Counsel

Research Scientist

Creative Professional

Technical Specialist

Business Analyst

Project Manager

Academic Staff

Professional Services Staff

Healthcare Professional

Industry Expert

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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