General Confidentiality Agreement Form.


  • Personal Details

  • Agreement

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

    A. The Employer contracts with third parties ("Clients"), inter alia, for the supply of labour hire services (the “Labour Hire Services”) to such Clients.
    B. In connection with the supply of the Labour Hire Services, the Employer has from time to time obligations (the “Confidentiality Obligations”) to protect Clients' Confidential Information (as that term defined in clause 2.5).
    C. The Employee is employed by the Employer pursuant to an Employment Contract and it is intended that the Employee be employed from time to time in connection with the supply of Labour Hire Services to Clients to whom the Employer owes Confidentiality Obligations.
    D. Consequently, the Employee may from time to time be exposed to and/or have possession or knowledge of Clients' Confidential Information.
    E. In the event of a breach of the Employer's Confidentiality Obligations, the Employer may suffer and/or be liable to suffer claims by Clients against the Employer for losses and damages.
    F. In consideration, inter alia, of the Employee being employed in connection with the supply of Labour Hire Services to Clients, the Employee has agreed to keep all Confidential Information to which they may be or become exposed confidential in accordance with the terms set down in this Agreement in order, inter alia, to not cause the Employer to breach its Confidentiality Obligations.

    1.1 The Employee acknowledges that it is a condition of the Employer engaging and continuing to engage the Employee's employment in relation to provision of the Labour Hire Services to Clients 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 had a reasonable opportunity to investigate the extent of the Employer's Confidentiality Obligations.
    1.3 The Employee acknowledges that, were they to directly or indirectly cause the Employer to breach its Confidentiality Obligations and/or to breach the confidentiality of Clients' Confidential Information, the Employer may be or become liable to suffer and/or be liable to claims against it by Clients for losses and damages.
    1.4 The Employee acknowledges that breach of this Agreement may be grounds for the Employer to validly terminate their Employment Contract with the Employer.

    2.1 2.1 The Employee may use Confidential Information disclosed to them only as is reasonably necessary for the purposes of performing their duties under their Employment Contract 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 into their possession, either directly or indirectly, during or by virtue of their employment in relation to the Labour Hire Services, and they must use their best endeavours to safeguard and protect the confidentiality of any Confidential Information in their knowledge, possession or control.
    2.2 Notwithstanding anything else in this Agreement, the Employee must not do or omit to do anything, either during or after their employment with the Employer, that shall cause, directly or indirectly, the Employer to breach its Confidentiality Obligations 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.
    2.3The Employee must immediately inform the Employer of any suspected or actual unauthorised use, publishing, copying or disclosure of Confidential Information of which the Employee may 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. 2.5 For the purposes of this Agreement, "Confidential Information” means all information of Clients (including their related bodies corporate) that is confidential in nature and/or may reasonably be considered to be confidential, including trade secrets, client lists, technical data, specifications and drawings, production processes, financial and pricing information (and including all intellectual property rights in such information and material), whether disclosed orally, in writing, electronically or by other means and whether disclosed after or before the date of this Agreement and whether or not marked as "confidential".

    3. GENERAL
    3.1 This Agreement is supplementary to the parties' Employment Contract between the parties, provided however that the terms of this Agreement shall prevail to the extent of any inconsistency between this Agreement and the said Employment Agreement and, for the avoidance of doubt, the Employee's obligations under clause 2 of this Agreement survive termination of the Employment Contract.
    3.2 In this Agreement, except to the extent that the context otherwise requires, words importing the singular include the plural and vice versa, and the term "include" (and similar such terms) are not intended to be words of limitation.
    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.