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Employee Retainer Agreement Template for Australia

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Key Requirements PROMPT example:

Employee Retainer Agreement

"I need an Employee Retainer Agreement for a senior software developer in Sydney who will be working on a part-time basis (3 days per week) from January 2025, with provisions for intellectual property protection and the ability to undertake approved client projects for other companies."

Document background
The Employee Retainer Agreement is designed for use in the Australian employment context where an ongoing, stable employment relationship is desired with regular service provision and compensation. This document is particularly suitable for professional roles requiring consistent engagement and specialized expertise. It establishes the framework for employment while ensuring compliance with Australian employment legislation, including the Fair Work Act 2009, relevant state laws, and National Employment Standards. The agreement covers essential employment terms including duties, compensation, benefits, leave entitlements, confidentiality, and termination provisions, while allowing flexibility to accommodate specific role requirements and industry standards. It's structured to protect both employer and employee interests while maintaining clear alignment with Australian employment law requirements.
Suggested Sections

1. Parties: Identifies the employer and employee, including their legal names and addresses

2. Background: Sets out the context of the agreement and the intention to create an employment relationship

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Term: Specifies the role, employment status, and duration of the retainer arrangement

5. Duties and Obligations: Details the employee's responsibilities, reporting lines, and performance expectations

6. Hours of Work: Specifies working hours, flexibility arrangements, and overtime provisions

7. Remuneration and Benefits: Details the payment structure, superannuation, and any included benefits

8. Leave Entitlements: Outlines various leave types and entitlements as per National Employment Standards

9. Confidentiality: Sets out obligations regarding confidential information

10. Termination: Specifies grounds for termination, notice periods, and procedures

11. Post-Employment Obligations: Includes basic post-employment restrictions and obligations

12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Intellectual Property: Required when the role involves creation of IP or creative work

2. Non-Competition: Used when reasonable restrictive covenants are necessary to protect business interests

3. Performance and Bonus Structure: Include when the role has specific KPIs or bonus arrangements

4. Remote Work Arrangements: Required when the role involves regular remote working

5. Client Relationship Management: Include when the employee will manage client relationships

6. Data Protection and Privacy: Required when role involves handling sensitive personal or business data

7. Travel Requirements: Include when role requires regular travel

8. Equipment and Resources: Required when specific company equipment or resources are provided

9. Training and Development: Include when specific training requirements or professional development opportunities are offered

10. Share Options or Equity: Required when the role includes share options or equity components

Suggested Schedules

1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and requirements

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary, benefits, and payment arrangements

3. Schedule 3 - Company Policies: List of applicable company policies that form part of the employment terms

4. Schedule 4 - Performance Metrics: Specific KPIs and performance measurement criteria

5. Schedule 5 - Approved Outside Activities: List of pre-approved external commitments or activities

6. Appendix A - Confidential Information: Detailed description of what constitutes confidential information

7. Appendix B - Company Equipment: Inventory of any company equipment provided to the employee

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Relevant Industries

Professional Services

Legal Services

Financial Services

Healthcare

Information Technology

Consulting

Engineering

Architecture

Creative Industries

Education and Training

Research and Development

Business Advisory

Marketing and Advertising

Human Resources

Management Consulting

Relevant Teams

Human Resources

Legal

Finance

Information Technology

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Professional Services

Consulting

Engineering

Creative Services

Business Advisory

Training and Development

Executive Management

Operations

Client Services

Relevant Roles

Consultant

Legal Counsel

Financial Advisor

IT Specialist

Project Manager

Business Analyst

Healthcare Professional

Research Scientist

Executive Advisor

Technical Specialist

Creative Director

Senior Engineer

Architect

Management Consultant

Training Specialist

Professional Services Provider

Strategic Advisor

Subject Matter 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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