Voluntary Redundancy Settlement Agreement for Australia

Voluntary Redundancy Settlement Agreement Template for Australia

This document is an Australian-law governed Voluntary Redundancy Settlement Agreement that formalizes the mutually agreed termination of employment between an employer and employee. It comprehensively outlines the terms and conditions of the voluntary redundancy, including statutory entitlements under Australian employment law, redundancy payment calculations, tax treatments, and post-employment obligations. The agreement ensures compliance with the Fair Work Act 2009 and other relevant Australian legislation while providing legal protection for both parties through clear documentation of the separation terms, including confidentiality provisions, release of claims, and ongoing obligations.

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What is a Voluntary Redundancy Settlement Agreement?

This Voluntary Redundancy Settlement Agreement is designed for use in Australian employment contexts where an employer and employee have mutually agreed to terminate the employment relationship through a voluntary redundancy program. The document is particularly relevant in situations involving organizational restructuring, downsizing, or operational changes that result in position redundancies. It incorporates all necessary elements required under Australian employment law, including compliance with the Fair Work Act 2009, and addresses key aspects such as payment calculations, statutory entitlements, tax implications, and post-employment obligations. The agreement serves as a comprehensive record of the separation terms while providing legal protection for both parties through carefully structured release provisions and ongoing commitments.

What sections should be included in a Voluntary Redundancy Settlement Agreement?

1. Parties: Identification of the employer and employee, including full legal names and relevant details

2. Background: Context of the redundancy, including the business circumstances leading to the redundancy decision

3. Definitions: Key terms used throughout the agreement, including statutory references

4. Termination Date: Specified date of employment termination and last working day

5. Redundancy Payment: Details of the redundancy package, including calculation method and payment timing

6. Statutory Entitlements: Outline of all statutory payments including annual leave, long service leave, and notice period

7. Tax Treatment: Explanation of how different payment components will be taxed

8. Confidentiality: Obligations regarding confidential information and company intellectual property

9. Return of Company Property: Requirements and timeline for returning company assets and documents

10. Release and Waiver: Mutual release of claims and legal rights, subject to statutory limitations

11. References: Agreement on the nature and content of employment references

12. Continuing Obligations: Ongoing obligations such as confidentiality and intellectual property rights

13. Execution: Signing provisions and attestation requirements

What sections are optional to include in a Voluntary Redundancy Settlement Agreement?

1. Garden Leave: Terms of any garden leave period if applicable during the notice period

2. Outplacement Services: Details of career transition support if offered as part of the package

3. Share Options/Long-Term Incentives: Treatment of existing share schemes or long-term incentive plans

4. Non-Compete Provisions: Post-employment restrictions if applicable and agreed

5. Medical Insurance Continuation: Any continued medical benefits or insurance coverage

6. Relocation Assistance: Support for relocation if offered as part of the package

7. Company Car Arrangements: Provisions regarding company vehicle if applicable

8. Legal Costs: Agreement regarding payment of legal fees for reviewing the agreement

What schedules should be included in a Voluntary Redundancy Settlement Agreement?

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payment components including statutory and ex-gratia amounts

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Employee Benefits Summary: Summary of current benefits and their treatment post-termination

4. Appendix A - Deed of Release: Formal release of claims document

5. Appendix B - Certificate of Independent Legal Advice: Confirmation that employee received independent legal advice

6. Appendix C - Statutory Declaration: Employee's statutory declaration regarding return of company property and confidential information

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

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Professional Services

Mining

Construction

Healthcare

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Telecommunications

Media

Transport and Logistics

Energy and Utilities

Agriculture

Government and Public Sector

Relevant Teams

Human Resources

Legal

People and Culture

Employee Relations

Industrial Relations

Payroll

Compensation and Benefits

Executive Leadership

Finance

Corporate Services

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Employment Lawyer

HR Business Partner

Compensation and Benefits Manager

Industrial Relations Manager

Chief Human Resources Officer

HR Operations Manager

People and Culture Manager

Talent Management Director

Employee Relations Manager

Chief Legal Officer

General Counsel

HR Administrator

Payroll Manager

Industries
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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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