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Intercompany Assignment Agreement for Australia

Intercompany Assignment Agreement Template for Australia

An Australian law-governed agreement that facilitates the temporary assignment of an employee from one company (home company) to another company (host company) within the same corporate group or between related entities. The agreement establishes the terms and conditions of the assignment, including duration, roles, responsibilities, compensation arrangements, and reporting structures, while maintaining the employee's primary employment relationship with the home company. It ensures compliance with Australian employment laws, tax regulations, and corporate requirements while protecting the interests of all parties involved.

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Intercompany Assignment Agreement

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What is a Intercompany Assignment Agreement?

The Intercompany Assignment Agreement is essential for organizations operating multiple entities in Australia who need to temporarily transfer employees between related companies while maintaining clear employment relationships and compliance with local laws. This document is typically used when companies within the same corporate group need to share expertise, fulfill project requirements, or develop talent through cross-company exposure. The agreement addresses crucial aspects such as employment status, compensation, benefits, tax implications, and reporting structures, all within the framework of Australian employment and corporate law. It provides legal certainty for all parties involved and helps manage risks associated with dual-company relationships.

What sections should be included in a Intercompany Assignment Agreement?

1. Parties: Identifies the home company, host company, and the employee being assigned

2. Background: Explains the context and purpose of the assignment arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Term of Assignment: Specifies the duration of the assignment, including start and end dates

5. Role and Responsibilities: Details the position, duties, and reporting relationships during the assignment

6. Employment Status: Clarifies the ongoing employment relationship with the home company and relationship with host company

7. Compensation and Benefits: Outlines salary, benefits, allowances, and which company is responsible for each

8. Tax and Social Security: Addresses tax obligations and social security arrangements

9. Working Hours and Leave: Specifies working hours, public holidays, and leave entitlements

10. Performance Management: Details how performance will be managed and reviewed during the assignment

11. Termination Provisions: Sets out circumstances and processes for early termination of the assignment

12. Return to Home Company: Establishes terms for return to the home company post-assignment

13. Confidentiality: Addresses confidentiality obligations regarding both companies

14. Governing Law: Specifies the governing law and jurisdiction for the agreement

15. General Provisions: Includes standard boilerplate clauses like notices, amendments, and entire agreement

What sections are optional to include in a Intercompany Assignment Agreement?

1. International Assignment Provisions: Required for cross-border assignments, covering visas, work permits, and international benefits

2. Intellectual Property: Needed when the role involves creation of IP or access to significant IP assets

3. Non-Competition: Include when assignment involves access to sensitive competitive information

4. Housing and Relocation: Required when the assignment includes relocation support or housing benefits

5. Family Support: Include when assignment includes provisions for family members

6. Emergency Procedures: Important for international assignments or high-risk locations

7. Training and Development: Include when assignment has specific training or development objectives

8. Cost Sharing: Required when costs are shared between home and host company in a specific way

What schedules should be included in a Intercompany Assignment Agreement?

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

2. Schedule 2 - Compensation and Benefits Package: Detailed breakdown of all compensation elements and benefits

3. Schedule 3 - Assignment Location Details: Specific information about the assignment location and facilities

4. Schedule 4 - Applicable Policies: List of home and host company policies that apply during assignment

5. Schedule 5 - Reporting Structure: Detailed reporting lines and relationships in both companies

6. Appendix A - Tax Treatment Summary: Summary of tax positions and arrangements

7. Appendix B - Required Notices and Consents: Forms and notices required for the assignment

8. Appendix C - Assignment Timeline: Detailed timeline for the assignment, including key milestones

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Transfer Agreement

Sector

Cost

Free to use
Relevant legal definitions








































Clauses


































Relevant Industries

Financial Services

Mining and Resources

Technology

Manufacturing

Professional Services

Healthcare

Telecommunications

Energy

Construction

Retail and Consumer Goods

Education

Transportation and Logistics

Relevant Teams

Human Resources

Legal

Finance

Compliance

Tax

Risk Management

Operations

Project Management

Talent Development

Employee Relations

Relevant Roles

HR Director

Legal Counsel

HR Manager

Compliance Officer

Financial Controller

Project Manager

Technical Specialist

Senior Engineer

Management Consultant

Business Analyst

Department Head

Operations Manager

Risk Manager

Tax Manager

Talent Development Manager

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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