The Startup Employment Agreement is essential for Australian startup companies looking to formalize employment relationships while protecting their innovative business interests. This document is specifically designed for early-stage companies that need to balance standard employment requirements with startup-specific considerations. It incorporates all necessary elements required by Australian employment law, including compliance with the Fair Work Act 2009 and National Employment Standards, while addressing unique startup needs such as equity compensation, intellectual property protection, and confidentiality provisions. The agreement is particularly relevant for technology-focused and innovative companies that need to protect their intellectual property while offering competitive employment packages that may include share options or other equity-based incentives. It should be used when hiring new employees at any level within a startup organization, from entry-level positions to senior executives.
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1. Parties: Identification of the employer (company) and employee with full legal names and addresses
2. Background: Context of the employment relationship, company's business nature, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Employment Terms: Position title, start date, employment status (full-time/part-time), probation period, and reporting relationships
5. Duties and Responsibilities: Main responsibilities, performance expectations, and compliance with company policies
6. Compensation: Base salary, superannuation, review periods, and payment arrangements
7. Hours of Work: Standard working hours, flexibility arrangements, and overtime provisions
8. Leave Entitlements: Annual leave, personal/carer's leave, long service leave, and other statutory leave entitlements
9. Intellectual Property: Assignment of IP created during employment, protection of company IP
10. Confidentiality: Protection of company confidential information and trade secrets
11. Restraint of Trade: Non-compete and non-solicitation provisions post-employment
12. Termination: Notice periods, grounds for termination, and post-termination obligations
13. General Provisions: Governing law, entire agreement, amendments, and notices
1. Equity Compensation: Details of any share options, equity grants, or other stock-based compensation - include when equity is part of compensation package
2. Remote Work Arrangements: Specific provisions for remote work including equipment, expenses, and work arrangements - include for remote positions
3. International Travel: Terms regarding international travel, visas, and overseas work arrangements - include if role requires international travel
4. Commission Structure: Details of sales commissions or performance-based incentives - include for sales or similar roles
5. Startup-Specific Obligations: Additional duties during fundraising, exit events, or major corporate changes - include for senior roles
6. Flexible Working Arrangements: Specific terms for flexible hours or compressed work weeks - include when non-standard arrangements apply
7. Employee Inventions: Detailed provisions about invention assignment and development - include for technical/development roles
1. Schedule 1 - Position Description: Detailed outline of role, responsibilities, and key performance indicators
2. Schedule 2 - Compensation Details: Comprehensive breakdown of salary package, benefits, and any performance-based incentives
3. Schedule 3 - Share Option Terms: Details of any share option or equity scheme including vesting schedule and conditions
4. Schedule 4 - Company Policies: Key company policies that form part of the employment terms
5. Schedule 5 - Restraint Provisions: Detailed restraint of trade terms including geographic and temporal limitations
6. Appendix A - Confidential Information: Specific categories of confidential information and handling requirements
7. Appendix B - Approved Outside Activities: List of pre-approved external commitments or activities
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