Federation University Australia Voluntary Redundancy Program
Deed of Release
Parties
Federation University Australia (ABN 51 818 692 256) of University Drive, Mt Helen, Victoria
3350 (the Employer)
and
EMPLOYEE NAME (the Employee)
Recitals
A
The Employee is a current ongoing employee of Federation University Australia.
B
Due to the Employee applying for and accepting voluntary redundancy, it has been agreed
between the parties that the employment will cease on DATE OF DEPARTURE for reasons of
redundancy (Ending of Employment). The Ending of Employment is agreed by both parties to
be voluntary on the part of the employee.
C
The parties have agreed to resolve all matters between them concerning the Employment and
the Ending of Employment on the terms and conditions set out in this Deed of Release (the
Agreement).
Operative provisions
Voluntary Redundancy
1.
It is agreed that the Employee’s employment will cease for reasons of voluntary redundancy on
the date specified in paragraph B of the Recitals above.
Employer's promise to Employee
2.
In consideration of the release referred to in clause 3 and the re-employment restrictions
referred to in clause 4, the Employer shall pay the Employee an additional $XX,XXX gross
which will form a part of a genuine redundancy payment which will be paid together with the
Employees accrued entitlements (if any).
Release by Employee
3.
In consideration of the Employer's promise to the Employee contained in clause 2, the
Employee agrees to release and forever discharge the Employer, its related bodies corporate
and their employees, officers and former employees and officers or any of them jointly or
severally from all claims, suits, causes of action, demands, damages, costs and expenses of
every description whatsoever (whether at common law, in equity or under any statute and
including, but not limited to, claims under the Fair Work Act 2009 (Cth), equal opportunity
legislation and defamation) and however so arising which the Employee may have had, may
now have or but for this Agreement may have at any time against the Employer (and its
employees, officers, former employees and officers or any of them jointly or severally) for or in
respect of or in any way related to his/her Employment or Ending of Employment, except for
workers compensation claims.
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Re-employment Restriction
4.
In consideration of the Employer's promise to the Employee contained in clause 2, for a period
of three years from the Ending of Employment, the Employee agrees to not apply for nor accept
paid employment at the University or any of its controlled entities on a permanent, contract or
casual basis.
Confidentiality Agreement
5.
Except with the express prior written agreement of the other party, both the Employee and the
Employer agree to maintain confidentiality in relation to the agreed terms of the Ending of
Employment.
Evidence of agreement
6.
Each party acknowledges that this Agreement may be produced in any claim, suit, demand,
action and other proceedings in respect of the matters to which this document refers as
evidence of the agreement reached in this matter and as a bar to such proceeding.
Severability
7.
To the extent that any provisions of this Agreement are declared or determined by any court to
be invalid, unenforceable or illegal at law, those provisions shall be ineffective and severable
from this Agreement, and the validity of the remaining provisions is not affected by the invalidity
or unenforceability of those provisions.
Independent advice
8.
The Employee acknowledges that [he/she] has had the opportunity to obtain independent
advice concerning all aspects of this Agreement, and has carefully read and fully understands
all the provisions of this Agreement.
Governing law and jurisdiction
9.
This Agreement is governed by the law of the State of Victoria. The parties submit to the
exclusive jurisdiction of its courts. The parties will not object to the exercise of jurisdiction by
those courts.
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Execution and date
Executed as an Agreement
Date:
Signed by Deborah Walker
(Director, Human Resources)
2015.
................................
Signature of employer
in the presence of:
................................
Name of witness (print)
................................
Signature of witness
Employee to complete and sign:
Signed by EMPLOYEE NAME
................................
Signature of EMPLOYEE NAME
in the presence of:
................................
Name of witness (print)
................................
Signature of witness
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