ACA Secondment Agreement
The ACA is delighted to launch two documents to assist members with Secondment Agreements. These include a Secondment Agreement for use between two practices; and a Secondment Letter for use between the Secondee and their Employer. Log in below to download today!
These documents are intended to be used for traditional secondments where an employee is being seconded to work in, and as a part of, a team (i.e. as a team member). This agreement should not be used for arrangements involving the provision of people who have a level of seniority or specialised skill with the effect that they may not be considered to be under the direction or control of the Secondment Host Practice.
Please ensure you carefully review the documents and the guidance notes in these documents, and seek any legal or insurance advice where needed (as the case may be).
The documents comprise of:
- a Secondment Agreement for use between the two Practices; and
- a Secondment Letter for use between the Secondee/s and the Secondee Donating Practice (i.e. the employer) that provides for the secondment (including where this is not expressly provided for, or contemplated, in the existing contract of employment).
The Secondment Agreement also contains an Appendix A – Confidentiality and Moral Rights Agreement, which is an optional Agreement to be executed separately to the Secondment Agreement and used between the Secondment Host Practice and Secondee/s in relation to confidentiality and moral rights concerns (including where this is required by the Secondment Host Practice). The Secondment Host Practice may request the assistance of the Secondee Donating Practice to execute this or may do so themselves.
Download the documents below
The development of the ACA Secondment Agreement was led by George Theodoridis, Chair of the ACA IR Subcommittee and member of the ACA VIC/TAS Committee. It was prepared by Solicitor Sara Pekmez from Fair Work Lawyers on behalf of the ACA.
The Secondment Agreement and Letter are ACA member resources, part of the ACA Business Toolbox. Members are urged to log in below and download the documents, which are available as editable Word files.