Employment Agreement Template

EMPLOYMENT AGREEMENT

Full-time Employment · State Of New South Wales, Australia

This Employment Agreement (this "Agreement") is entered into as of 1 May 2026 by and between Harbour Digital Pty Ltd (the "Employer") and Emma L. Watson (the "Employee"). The Employer agrees to employ the Employee, and the Employee accepts employment, on the terms and conditions set out below. This Agreement operates in conjunction with, and is subject to, the minimum standards prescribed by the Fair Work Act 2009 (Cth) ("FWA") as amended by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) and the Closing Loopholes No. 2 Act 2024 (Cth), and the applicable National Employment Standards ("NES") set out in FWA ss. 61–131.

The Employer employs the Employee in the position of Senior Software Engineer within the Engineering department, reporting to Head of Engineering. The Employee shall faithfully and diligently perform all duties and responsibilities associated with the position and such other duties as may be reasonably assigned by the Employer from time to time. The primary place of work shall be: Level 12, 1 Martin Place, Sydney NSW 2000 (Hybrid). The Employer may, from time to time on reasonable notice and for genuine operational reasons, require the Employee to work at different locations or remotely, subject to consultation and applicable award or enterprise agreement requirements.

The Employee's employment shall commence on 1 May 2026 as a Full-Time Employee. The employment is ongoing unless terminated in accordance with this Agreement and applicable law. Any prior service with a related entity or predecessor employer shall be recognised for the purposes of the NES only if agreed in writing by the Employer. The parties acknowledge the new definition of "employee" in FWA s. 15AA (commenced 26 August 2024 under the Closing Loopholes No. 2 Act 2024 (Cth)), which requires the true nature of the employment relationship to be assessed by reference to the real substance, practical reality and true nature of the working relationship, including how the contract is performed in practice.

The Employee shall receive a gross annual salary of 125,000.00 AUD, payable on a fortnightly basis, subject to all applicable statutory deductions including income tax withholding (PAYG) in accordance with the Taxation Administration Act 1953 (Cth) Sch. 1 Part 2-5. Superannuation: The Employer shall contribute an amount equal to 12% of the Employee's ordinary time earnings (the Superannuation Guarantee rate from 1 July 2025 onwards, being the final scheduled increase under the Superannuation Guarantee (Administration) Act 1992 (Cth) ("SGA Act") s. 19) to the Employee's nominated complying superannuation fund. The maximum contribution base for 2025-26 is AUD$30,000 per quarter (12% of AUD$250,000 indexed earnings cap). The Employee nominates Australian Retirement Trust as their preferred superannuation fund, subject to the fund's eligibility requirements and the Employer's obligation to offer a choice of fund under the SGA Act. Wage Compliance: The Employer shall ensure that the Employee is paid in accordance with the applicable modern award, enterprise agreement, or this Agreement (whichever is greater), and acknowledges that intentional underpayment of wages is a criminal offence under FWA s. 327A (commenced 1 January 2025 under the Closing Loopholes reforms), attracting penalties of up to 10 years' imprisonment for individuals and substantial fines for body corporates.

The Employee's ordinary hours of work shall be 38 hours per week, generally scheduled Flexible / Hybrid Schedule, subject to the applicable modern award, enterprise agreement, or the FWA s. 62 (maximum weekly hours: 38 ordinary hours for full-time employees plus reasonable additional hours). Overtime, if applicable, shall be compensated in accordance with the relevant modern award, enterprise agreement, or the NES where no such instrument applies. The Employer may require the Employee to work reasonable additional hours consistent with the Employee's duties.

Under FWA s. 333M, in operation from 26 August 2024 (commencement date for non-small business employers), the Employee has the right to refuse to monitor, read or respond to contact (or attempted contact) from the Employer, another employee, or a third party (such as a client or customer) outside the Employee's working hours, where the contact is work-related, unless that refusal is unreasonable. In determining whether a refusal is unreasonable, the parties shall consider: (a) the reason for the contact; (b) how the contact was made and the level of disruption caused; (c) any compensation the Employee receives for remaining available or for working additional hours outside ordinary hours; (d) the nature of the Employee's role and level of responsibility; and (e) the Employee's personal circumstances, including caring responsibilities. The Employer must not take adverse action against the Employee for exercising this right. Disputes about the right to disconnect may be referred to the Fair Work Commission.

The Employee is entitled to the following minimum leave entitlements under the NES (FWA ss. 87–107):
(a) Annual Leave (FWA s. 87): 4 weeks (20 days) of paid annual leave per year of service (NES minimum for full-time employees; shift workers may be entitled to 5 weeks). Annual leave accrues progressively throughout the year and carries over if unused.
(b) Personal/Carer's Leave (FWA s. 96): 10 days of paid personal/carer's leave per year of service (NES minimum), accruing progressively. This leave may be used for personal illness or injury or to care for a member of the Employee's immediate family or household.
(c) Compassionate Leave (FWA s. 104): 2 days' paid compassionate leave per occasion of a member of the immediate family or household contracting a serious illness or injury, or on the death of such a person.
(d) Family and Domestic Violence Leave (FWA s. 106A): 10 days of paid family and domestic violence leave per year (extended to all employees including casuals from 1 February 2023 / 1 August 2023).
(e) Parental Leave (FWA ss. 70–85): Up to 12 months' unpaid parental leave (with a right to request a further 12 months) in accordance with the NES. Government-funded Paid Parental Leave may also apply under the Paid Parental Leave Act 2010 (Cth) — currently 22 weeks at the national minimum wage (2025-26), increasing to 26 weeks from 1 July 2026.
(f) Community Service Leave (FWA s. 108): Unpaid leave for jury service (subject to make-up pay for the first 10 days under FWA s. 111) and voluntary emergency management activity.
Nothing in this Agreement shall limit the Employee's minimum NES entitlements. Any enterprise agreement or modern award applying to the employment may provide additional or different entitlements.

Nothing in this Agreement prevents, restricts, or penalises the Employee from making a protected disclosure under Australian law. Without limitation, the Employee retains the right to make disclosures: (a) to the Australian Securities and Investments Commission (ASIC), the Australian Prudential Regulation Authority (APRA), or another Commonwealth authority where the disclosure qualifies for whistleblower protection under Part 9.4AAA of the Corporations Act 2001 (Cth); (b) to the Commissioner of Taxation under Part IVD of the Taxation Administration Act 1953 (Cth); (c) to a Commonwealth, State or Territory authority under the Public Interest Disclosure Act 2013 (Cth) or equivalent State or Territory legislation; (d) to the Fair Work Commission, the Fair Work Ombudsman, or any state work health and safety regulator regarding any breach of workplace law or work-health-and-safety obligation; (e) to a legal practitioner for the purpose of obtaining legal advice or representation concerning a protected disclosure; and (f) to any court, tribunal, parliamentary committee, or law-enforcement officer in the proper exercise of their statutory functions. The Employer shall not take adverse action against the Employee for making, or proposing to make, a protected disclosure. Any provision of this Agreement that purports to limit such protected disclosures is void to the extent of that limitation.

The Employer shall handle the Employee's personal information (as defined in section 6 of the Privacy Act 1988 (Cth)) in accordance with the Privacy Act, the Privacy Regulations 2025, and the Australian Privacy Principles (APPs) in Schedule 1 to the Privacy Act — to the extent the Privacy Act applies. The Employee acknowledges that the Employee Records exemption (Privacy Act s. 7B(3)) means certain employee record information is not directly governed by the APPs, but the Employer shall nonetheless apply equivalent standards of care, security, and access for all employee personal information. The Employee consents to the Employer collecting, holding, using and disclosing their personal information for purposes including: payroll, superannuation, tax reporting (ATO Single Touch Payroll), workers' compensation, performance management, leave administration, and compliance with Commonwealth and State laws. Where the Employee handles personal information of customers or other staff in the course of their duties, the Employee shall comply with the APPs and the Notifiable Data Breach scheme (Privacy Act Part IIIC).

The Employee shall be subject to a probationary period of 3 months commencing on the start date. During the probationary period, the Employer may assess the Employee's performance, competence, and suitability for the position. The Employer may terminate the employment during the probationary period by providing such notice as is required under the NES (FWA s. 117) — generally one week for employees who have completed at least one month of continuous service — or payment in lieu thereof. Employees dismissed during or at the end of a probationary period within the minimum employment period (6 months for employers with 15 or more employees; 12 months for smaller employers under FWA s. 383) are not entitled to make an unfair dismissal claim. Performance reviews shall be conducted as follows: At 6 weeks and at end of probation (3 months).

The Employee shall be eligible to participate in the Employer's enhanced group benefits plan (including health insurance, income protection, and/or other benefits as determined by the Employer from time to time), commencing after a waiting period of 90 days from commencement, subject to the plan's terms, conditions, and eligibility requirements. The Employer reserves the right to amend or discontinue any benefit plan, subject to applicable consultation obligations and any enterprise agreement requirements. Any benefits provided do not form a contractual term of this Agreement and may be varied without additional compensation to the Employee.

The Employee may be eligible for additional compensation as follows:
Performance bonus of up to 10% of annual salary, payable annually following a performance review in February each year, at the sole discretion of the Employer based on individual and company performance targets.
Any bonus or incentive payment is entirely discretionary, does not form part of the Employee's ordinary time earnings for superannuation purposes unless required by law, and does not create a right to future payments. The Employer's decision regarding bonus amounts and eligibility is final, subject to any applicable modern award or enterprise agreement.

(a) Notice by Employer — Without Cause (FWA s. 117): The Employer shall provide not less than 4 weeks' written notice (or payment in lieu) upon termination without cause, provided this is never less than the NES minimum under FWA s. 117 for the Employee's length of service. Employees aged 45 or over with at least two years' service are entitled to one additional week's notice under FWA s. 117(3).
(b) Termination for Serious Misconduct: The Employer may summarily dismiss the Employee (without notice or pay in lieu) for serious misconduct within the meaning of the Fair Work Regulations 2009 reg. 1.07, including wilful disobedience, fraud, serious breach of health and safety obligations, or conduct that causes serious and imminent risk to the Employer or a third party.
(c) Resignation by Employee: The Employee shall provide 4 weeks' written notice of resignation. The Employer may accept a shorter notice period or direct the Employee not to work during all or part of the notice period, subject to payment obligations.
(d) Return of Property: Upon termination for any reason, the Employee shall immediately return all Employer property, devices, access credentials, confidential documents, and materials. The final pay shall include all accrued but untaken annual leave entitlements as required by FWA s. 90.
(e) Unfair Dismissal: The Employee's right to make an unfair dismissal claim under FWA Part 3-2 commences after the minimum employment period (6 months for employers with 15+ employees; 12 months for smaller employers).

Confidentiality: During employment and at all times thereafter, the Employee shall hold in strict confidence and not disclose or use for any purpose other than the performance of duties any Confidential Information of the Employer, including trade secrets, business strategies, client data, financial information, technical data, and any information not generally available to the public. The Employee acknowledges that the Employer handles personal information of customers and staff subject to the Privacy Act 1988 (Cth) and the APPs.
Intellectual Property: All inventions, improvements, work product, and intellectual property created by the Employee in the course of employment shall vest in and belong exclusively to the Employer pursuant to Copyright Act 1968 (Cth) s. 35(6) (works made in course of employment) and applicable patent law. The Employee shall promptly disclose all such intellectual property to the Employer and execute any documents necessary to vest or perfect the Employer's ownership. To the maximum extent permitted by Part IX of the Copyright Act 1968 (Cth), the Employee consents under section 195AW to any acts or omissions by the Employer that would otherwise infringe the Employee's moral rights in works created in the course of employment.
Post-Employment Restraint of Trade: For a period of 6 months following the termination of employment (for whatever reason), the Employee shall not, without the Employer's prior written consent, directly or indirectly engage in, or be interested in, any business that is in direct competition with the Employer's business within the State of New South Wales, whether as principal, employee, director, partner, contractor, agent, or otherwise. The parties acknowledge that this restraint is reasonable and necessary to protect the Employer's legitimate business interests in its client relationships, confidential information, and goodwill. In the event a court considers the restraint too broad, this clause shall be read down to the maximum extent enforceable, consistent with the Restraints of Trade Act 1976 (NSW) and equivalent State or Territory legislation. Each combination of temporal and geographic limitation constitutes a separate and independent restraint.

Psychosocial Hazard Management. The Employer shall identify, assess and control psychosocial hazards in accordance with the Work Health and Safety Act 2011 (Cth) and the harmonised State and Territory WHS legislation, together with the model Work Health and Safety Regulations (as updated by amendments commencing in 2022-2023 requiring active management of psychosocial hazards). Psychosocial hazards include high job demands, low job control, poor support, low role clarity, poor organisational change management, inadequate reward and recognition, poor organisational justice, traumatic events, remote or isolated work, violence and aggression, bullying, harassment (including sexual harassment), and conflict at work. The Employer shall maintain a documented Psychosocial Safety Plan, conduct regular consultation with workers, and report any notifiable incidents to the relevant WHS regulator.

The Employee shall comply with all Employer policies and procedures, including workplace conduct, anti-discrimination, anti-harassment, and workplace health and safety policies. The Employer is committed to providing a workplace free from discrimination and harassment in accordance with the Sex Discrimination Act 1984 (Cth) (as amended by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth)), the Australian Human Rights Commission Act 1986 (Cth), the Racial Discrimination Act 1975 (Cth), the Disability Discrimination Act 1992 (Cth), the Age Discrimination Act 2004 (Cth), and applicable State and Territory anti-discrimination legislation. The Employer acknowledges its positive duty under section 47C of the Sex Discrimination Act 1984 (Cth) to take "reasonable and proportionate measures" to eliminate sex discrimination, sexual harassment, victimisation, and conduct creating a hostile workplace on the ground of sex. The Employee must comply with all applicable work health and safety legislation, including the Work Health and Safety Act 2011 (Cth) and equivalent State and Territory legislation, including the 2022-2023 amendments expressly requiring active management of psychosocial hazards. Breaches of workplace conduct or WHS obligations may result in disciplinary action up to and including summary dismissal for serious misconduct.

This Agreement is governed by and construed in accordance with the laws of the State of New South Wales and, where applicable, the laws of the Commonwealth of Australia — including the Fair Work Act 2009 (Cth) (as amended by the Closing Loopholes Acts of 2023 and 2024), the National Employment Standards (FWA ss. 61–131), the Superannuation Guarantee (Administration) Act 1992 (Cth), the Privacy Act 1988 (Cth) and the Work Health and Safety Act 2011 (Cth). Nothing in this Agreement shall be interpreted as limiting or excluding any minimum employment entitlement under applicable legislation. In the event of any conflict between this Agreement and a minimum NES, award or enterprise agreement entitlement, the minimum standard shall prevail.

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the Employee's employment and supersedes all prior representations, negotiations and agreements.
Amendment: No amendment shall be valid unless in writing and signed by both parties.
Severability: If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Electronic Execution: This Agreement may be executed electronically; electronic signatures are valid under the Electronic Transactions Act 1999 (Cth) and applicable State and Territory legislation.
Counterparts: This Agreement may be executed in counterparts, each constituting an original.
Modern Award / Enterprise Agreement: The employment may be covered by a modern award or enterprise agreement under the Fair Work Act 2009 (Cth). Where such instrument applies, it operates in conjunction with this Agreement and the NES; a term of this Agreement that is less favourable than the applicable award or enterprise agreement term has no effect to that extent.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.