The Shared Services Agreement is essential for organizations seeking to optimize operations through centralized service delivery models in Australia. This document is particularly valuable for corporate groups consolidating support functions or separate entities entering into resource-sharing arrangements. It addresses key aspects such as service scope, performance standards, cost allocation, and governance frameworks, while ensuring compliance with Australian regulatory requirements including the Corporations Act 2001, Privacy Act 1988, and relevant state legislation. The agreement is commonly used when establishing new shared service centers, restructuring corporate service delivery, or formalizing existing shared service arrangements. It provides a robust legal framework for managing service relationships, risk allocation, and operational responsibilities.
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1. Parties: Identifies and defines the service provider and service recipient entities
2. Background: Explains the context and purpose of the shared services arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Services: Outlines the scope and nature of services to be provided
5. Service Standards: Defines the required quality levels and performance metrics
6. Charges and Payment: Details the fee structure, payment terms, and invoicing procedures
7. Governance and Management: Establishes management structure, reporting lines, and decision-making processes
8. Personnel: Addresses staffing, key personnel, and related obligations
9. Intellectual Property Rights: Defines ownership and usage rights of IP created or used in service delivery
10. Confidentiality: Specifies confidentiality obligations and information handling requirements
11. Data Protection and Privacy: Outlines obligations regarding data handling and privacy compliance
12. Liability and Indemnities: Sets out liability limitations and indemnification obligations
13. Term and Termination: Specifies agreement duration, renewal options, and termination rights
14. Force Majeure: Addresses rights and obligations during unexpected events beyond parties' control
15. Dispute Resolution: Establishes procedures for resolving disputes
16. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Transition Services: Include when initial setup or eventual transition of services requires specific provisions
2. Business Continuity: Add when service criticality requires specific disaster recovery and business continuity measures
3. Change Management: Include for complex services requiring formal processes for service modifications
4. Audit Rights: Add when regular auditing of service delivery or compliance is required
5. Security Requirements: Include when services involve sensitive systems or data access
6. Technology and Systems: Add when specific technical infrastructure or systems are crucial to service delivery
7. Third Party Rights: Include when third parties may need rights under the agreement
8. Anti-Bribery and Corruption: Add for international services or when required by corporate policies
9. Environmental Compliance: Include when services have environmental impacts or sustainability requirements
1. Schedule 1 - Service Descriptions: Detailed specifications of each service to be provided
2. Schedule 2 - Service Levels: Specific performance metrics, KPIs, and measurement methods
3. Schedule 3 - Charges: Detailed pricing, cost allocation, and charging mechanisms
4. Schedule 4 - Governance Procedures: Detailed procedures for service management and oversight
5. Schedule 5 - Key Personnel: Lists key staff and their roles/responsibilities
6. Schedule 6 - Technical Requirements: Technical specifications and systems requirements
7. Schedule 7 - Security Policies: Detailed security protocols and requirements
8. Schedule 8 - Business Continuity Plan: Detailed procedures for service continuity
9. Appendix A - Form of Change Order: Template for documenting service changes
10. Appendix B - Reports: Templates and specifications for required service reports
Relevant legal definitions
Agreement
Applicable Law
Business Day
Charges
Commencement Date
Confidential Information
Contract Year
Data Protection Laws
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
Group
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Material Breach
Notice
Operating Level Agreement
Personal Data
Personnel
Recipient Group
Related Body Corporate
Renewal Term
Service Credits
Service Hours
Service Levels
Services
Shared Service Center
Special Terms
Specifications
Term
Termination Date
Third Party Provider
Transition Period
Transition Plan
Working Hours
Change Control Procedure
Disaster Recovery Plan
Business Continuity Plan
Service Recipient
Service Provider
Governance Body
Performance Report
Quality Standards
Security Requirements
Service Failure
Support Services
Critical Service Level
Applicable Law
Business Day
Charges
Commencement Date
Confidential Information
Contract Year
Data Protection Laws
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
Group
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Material Breach
Notice
Operating Level Agreement
Personal Data
Personnel
Recipient Group
Related Body Corporate
Renewal Term
Service Credits
Service Hours
Service Levels
Services
Shared Service Center
Special Terms
Specifications
Term
Termination Date
Third Party Provider
Transition Period
Transition Plan
Working Hours
Change Control Procedure
Disaster Recovery Plan
Business Continuity Plan
Service Recipient
Service Provider
Governance Body
Performance Report
Quality Standards
Security Requirements
Service Failure
Support Services
Critical Service Level
Clauses
Interpretation
Services Scope
Service Levels
Performance Standards
Charges
Payment Terms
Governance
Key Personnel
Staff Transfer
Intellectual Property
Data Protection
Confidentiality
Security
Audit Rights
Change Control
Force Majeure
Liability
Indemnification
Insurance
Term
Termination
Exit Management
Transition Services
Business Continuity
Dispute Resolution
Anti-corruption
Competition Law
Assignment
Subcontracting
Third Party Rights
Notice
Governing Law
Jurisdiction
Entire Agreement
Variation
Severability
Waiver
Records Management
Reporting
Quality Assurance
Compliance
Risk Management
Environmental Requirements
Work Health and Safety
Technology Requirements
Service Management
Performance Review
Cost Allocation
Resource Management
Services Scope
Service Levels
Performance Standards
Charges
Payment Terms
Governance
Key Personnel
Staff Transfer
Intellectual Property
Data Protection
Confidentiality
Security
Audit Rights
Change Control
Force Majeure
Liability
Indemnification
Insurance
Term
Termination
Exit Management
Transition Services
Business Continuity
Dispute Resolution
Anti-corruption
Competition Law
Assignment
Subcontracting
Third Party Rights
Notice
Governing Law
Jurisdiction
Entire Agreement
Variation
Severability
Waiver
Records Management
Reporting
Quality Assurance
Compliance
Risk Management
Environmental Requirements
Work Health and Safety
Technology Requirements
Service Management
Performance Review
Cost Allocation
Resource Management
Relevant Industries
Financial Services
Technology
Manufacturing
Healthcare
Professional Services
Retail
Energy
Telecommunications
Education
Government
Construction
Logistics
Real Estate
Mining
Agricultural
Relevant Teams
Legal
Operations
Finance
Human Resources
Information Technology
Procurement
Compliance
Risk Management
Commercial
Strategy
Shared Services
Business Development
Corporate Services
Facilities Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Head of Shared Services
Legal Counsel
Operations Director
Service Delivery Manager
Procurement Manager
Financial Controller
HR Director
IT Director
Compliance Officer
Risk Manager
Business Unit Head
Commercial Director
Contract Manager
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