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Managing Director Contract Of Employment Template for Australia

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Key Requirements PROMPT example:

Managing Director Contract Of Employment

"I need a Managing Director Contract Of Employment for a technology startup in Sydney, with specific focus on equity compensation and protection of intellectual property, including provisions for remote work arrangements and international travel."

Document background
The Managing Director Contract Of Employment is a crucial document for Australian companies appointing senior executives to lead their organizations. It serves as the primary agreement governing the employment relationship between a company and its Managing Director, incorporating both standard employment provisions and specific executive responsibilities. This contract type is essential for ensuring compliance with Australian corporate law, particularly the Corporations Act 2001 and Fair Work Act 2009, while protecting the company's interests through carefully drafted confidentiality, intellectual property, and restrictive covenant provisions. The document typically includes detailed remuneration structures, performance expectations, and termination provisions, reflecting the senior nature of the role and its significance in corporate governance.
Suggested Sections

1. Parties: Identification of the employer company and the Managing Director

2. Background: Context of the appointment and any relevant corporate structure information

3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules

4. Appointment and Term: Position title, nature of appointment, commencement date, and term (fixed or ongoing)

5. Duties and Responsibilities: Core duties as Managing Director, compliance with board directions, and statutory obligations

6. Location and Hours: Primary work location and expected time commitment

7. Remuneration and Benefits: Base salary, review mechanisms, and standard benefits package

8. Short-term and Long-term Incentives: Performance bonus structures and equity participation arrangements

9. Leave Entitlements: Annual leave, personal leave, long service leave and other leave provisions

10. Expenses and Equipment: Business expense reimbursement and provision of equipment

11. Confidentiality: Protection of company confidential information during and post-employment

12. Intellectual Property: Ownership and protection of IP created during employment

13. Restrictive Covenants: Non-compete and non-solicitation obligations post-employment

14. Termination: Grounds for termination, notice periods, and payments on termination

15. Post-Termination Obligations: Return of property, ongoing confidentiality, and cooperation requirements

16. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and variation

Optional Sections

1. Directorship Provisions: Required if the Managing Director will also serve on the company board

2. International Travel: Include for roles requiring significant international travel

3. Shareholding Requirements: Include if the MD is required to maintain a minimum shareholding

4. Change of Control: Provisions dealing with company sale or merger scenarios

5. Garden Leave: Include if the company wants the right to place the MD on paid leave during notice

6. Company Policies: Reference to specific policies if they form part of the contract

7. Secondment: Include for MDs who may be seconded to related entities

8. Housing and Relocation: Include if relocation or housing benefits are provided

Suggested Schedules

1. Position Description: Detailed outline of role responsibilities and performance expectations

2. Remuneration Package Details: Comprehensive breakdown of salary, benefits, and incentive structures

3. Short-term Incentive Plan Rules: Detailed terms of the annual bonus scheme

4. Long-term Incentive Plan Rules: Terms of equity-based incentives or long-term bonus arrangements

5. Restricted Share Plan: Details of any share-based compensation arrangements

6. Company Policies: Key policies incorporated by reference into the contract

7. Statutory and Other Entitlements: Summary of relevant statutory benefits and company-specific entitlements

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










































Clauses












































Relevant Industries

Financial Services

Mining and Resources

Technology

Healthcare

Manufacturing

Retail

Professional Services

Construction

Energy

Telecommunications

Transport and Logistics

Education

Media and Entertainment

Real Estate

Agriculture

Relevant Teams

Human Resources

Legal

Board of Directors

Executive Leadership

Company Secretariat

Compensation and Benefits

Corporate Governance

Risk and Compliance

Finance

Corporate Affairs

Relevant Roles

Managing Director

Chief Executive Officer

Executive Director

General Manager

Country Manager

Regional Director

Group Managing Director

Executive Managing Director

Joint Managing Director

Division Managing Director

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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