CONFIDENTIALITY AGREEMENT – AIR WARFARE DESTROYER PROGRAM.

PLEASE DO NOT COMPLETE THIS AGREEMENT FORM UNLESS WE HAVE INSTRUCTED YOU TO DO SO.

  • Personal Details




  • Agreement

  • PARTIES
    Employer: Maxwell Recruitment Pty Ltd ACN 141 260 979 ATF Maxwell Family Trust Suite 1, Level 1, 133 – 139 Beaumont Street Hamilton NSW 2303
    AND
    Employee: You

    RECITALS
    A. The Employer is party to an agreement with Forgacs Engineering Pty Ltd relating to the supply of labour hire services to Forgacs Engineering Pty Ltd (the “Labour Hire Services”), in connection with which the Employer was required to execute a Confidentiality Deed Poll in favour of the Commonwealth of Australia, the content of which can be viewed here (the “Confidentiality Deed”).
    B. The Employee is employed by the Employer pursuant to an Employment Contract and is or may be employed in connection with the supply of the Labour Hire Services to Forgacs Engineering Pty Ltd, as a consequence of which the Employee may from time to time be exposed to and/or have possession or knowledge of confidential information of the Commonwealth of Australia and their contractors, including Forgacs, and/or the Employee, including the following confidential information:
    (i) “Commercial in Confidence Information” as defined in the Confidentiality Deed;
    (ii) any information otherwise of a confidential nature, whether or not marked “Commercial in Confidence” and whether or not in writing; and
    (iii) information that is or could be classified matter under the Defence Industrial Security Procedure.
    (the “Confidential Information”)
    C. In the event of a breach of confidentiality of the Confidential Information, the Employer may suffer and/or be liable to claims for losses and damages, including pursuant to the Confidentiality Deed, in acknowledgement of which the Employee agrees to keep any and all Confidential Information confidential on the terms of this Agreement.

    1. ACKNOWLEDGEMENTS
    1.1 The Employee acknowledges that it is a condition of the Employer engaging and continuing to engage their employment in relation to provision of the Labour Hire Services that the Employee enter into this Agreement and the parties acknowledge that the Employee enters into this Agreement in consideration for being so engaged.
    1.2 The Employee acknowledges that they have read and understood the Confidentiality Agreement.
    1.3 The Employee acknowledges that, were they to directly or indirectly cause the Employer to breach the Confidentiality Agreement and/or to breach confidentiality of the Confidential Information, the Employer may suffer and/or be liable to claims for losses and damages, including pursuant to the Confidentiality Deed.
    1.4 The Employee acknowledges that breach of this Agreement may be grounds for the Employer to validly terminate their Employment Agreement with the Employer.

    2. CONFIDENTIALITY OBLIGATIONS
    2.1 The Employee may use Confidential Information only as is reasonably necessary for the purposes of performing their duties under their Employment Agreement with the Employer, provided however that, unless authorised by the Employer in writing or compelled by the requirements of legal process, the Employee will otherwise keep confidential (including not disclosing, publishing, communicating, causing to be communicated, or making available, or attempting to facilitate or permit such acts) during and after their employment with the Employer all Confidential Information which may come to their knowledge or possession, either directly or indirectly, during or by virtue of their employment in relation to the Labour Hire Services, and will use their best endeavours to safeguard and protect the confidentiality of any Confidential Information in their possession or control.
    2.2 Notwithstanding anything else in this Agreement, the Employee must not do or omit to do anything, either during or their employment with the Employer, that shall cause, directly or indirectly, the Employer to breach its obligations under the Confidentiality Deed and the Employee indemnifies the Employer for any claims, actions, suits, losses and damages for which the Employer may suffer or become liable by reason of such breach.
    2.3 The Employee must immediately inform the Employer of any suspected or actual unauthorised use, publishing, copying or disclosure of Confidential Information of which they become aware.
    2.4 Upon termination of the Employee’s Employment Agreement with the Employer, the Employee will lose any and all rights to have or to use the Confidential Information and must return to The Employer, within 48 hours of termination of the said Employment Agreement, any Confidential Information and all copies or records thereof to the Employer or as the Employer may direct.

    3. GENERAL
    3.1 This Agreement is supplementary to the Employment Agreement between the parties, provided however that the terms of this Agreement shall prevail to the extent of any inconsistency between this Agreement the said Employment Agreement.
    3.2 In this Agreement, except to the extent that the context otherwise requires, words importing the singular include the plural and vice versa. 3.3 This Agreement is governed by and is to be construed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts thereof.
    3.4 If the Employer does not take action to enforce or require strict compliance with the Employee’s obligations and responsibilities under this Agreement, or if the Employer grants the Employee any extension or indulgence in the performance of the Employee’s obligations, this shall not in any way operate as a waiver of any of the Employer’s rights under this Agreement and the Employee acknowledges that the Employer shall be entitled in such circumstances to exercise all its rights under this Agreement and at law, which rights shall be fully available to the Employer.
    3.5 If any of the terms of this Agreement are held to be invalid in any way, or unenforceable, such terms shall be severed from this Agreement and, to the extent permitted by law, the remaining terms will remain in full force and effect and not be affected or impaired.