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Separation Pay Agreement

Separation Pay Agreement Template for Australia

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Key Requirements PROMPT example:

Separation Pay Agreement

"I need a Separation Pay Agreement for a senior IT manager in Sydney, Australia who is being made redundant effective March 15, 2025, including non-compete provisions and outplacement services for 6 months."

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Document background
A Separation Pay Agreement is a crucial document used when formally ending an employment relationship in Australia, whether through redundancy, mutual agreement, or other circumstances. This agreement serves to document all aspects of the separation, including financial settlements, continuing obligations, and legal releases. It must comply with Australian employment law, including the Fair Work Act 2009, relevant state legislation, and industrial instruments. The document is particularly important for protecting both employer and employee interests by clearly defining separation terms, payment structures, tax treatments, and ongoing obligations. It helps prevent future disputes by providing a comprehensive record of the agreed separation terms and ensures compliance with all statutory requirements regarding termination payments and entitlements.
Suggested Sections

1. Parties: Identification of the employer and employee entering into the agreement

2. Background: Context of the employment relationship and reason for separation

3. Definitions: Key terms used throughout the agreement

4. Separation Date: Specifies the official termination date and final working day

5. Separation Payments: Details of all payments including statutory entitlements, ex-gratia payments, and timing

6. Tax Treatment: Specification of tax handling for various payment components

7. Return of Company Property: Requirements and timeline for returning company assets and materials

8. Confidentiality Obligations: Ongoing duties regarding confidential information

9. Release and Waiver: Mutual release of claims and legal rights

10. References and Announcements: Agreement on handling of employment references and internal/external communications

11. General Provisions: Standard legal clauses including governing law, entire agreement, and severability

Optional Sections

1. Non-Compete Provisions: Restrictions on future employment - include for senior roles or when dealing with sensitive information

2. Non-Solicitation: Restrictions on approaching employees/clients - include for client-facing or management roles

3. Intellectual Property Rights: Specific IP provisions - include when employee was involved in creation of IP

4. Ongoing Assistance: Requirements for transition support - include for complex roles or when handover is critical

5. Board Resignation: Requirements for resignation from director positions - include for executive agreements

6. Share Options/Securities: Treatment of existing share options or securities - include if employee has equity participation

7. Medical Benefits Continuation: Extended health benefits terms - include if offering continued medical coverage

8. Outplacement Services: Details of career transition support - include if providing outplacement assistance

Suggested Schedules

1. Schedule A - Payment Calculation: Detailed breakdown of all payment components including statutory entitlements and additional benefits

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

3. Schedule C - Continuing Obligations: Detailed list of ongoing obligations from the employment agreement that survive termination

4. Appendix 1 - Deed of Release: Formal release of claims document

5. Appendix 2 - Certificate of Independent Legal Advice: Confirmation that employee received independent legal advice

6. Appendix 3 - Resignation Letter Template: Template for formal resignation from positions (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Human Resources

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Chief Executive Officer

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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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