Internship Agreement Template Australia

INTERNSHIP AGREEMENT TEMPLATE AUSTRALIA

1. DOCUMENT PREAMBLE & RECITALS

THIS INTERNSHIP AGREEMENT (the "Agreement") is entered into and made effective as of this [Day] day of [Month], [Year] (the "Effective Date"), by and between:

1. [Company Legal Name] (ACN [ACN Number]), a corporation duly incorporated and existing under the laws of Australia, having its registered office located at [Company Registered Address] (hereinafter referred to as the "Host Organisation"); and
2. [Intern Legal Name] of [Intern Residential Address] (hereinafter referred to as the "Intern").

(The Host Organisation and the Intern are hereinafter collectively referred to as the "Parties" and individually as a "Party").

WHEREAS: A. The Host Organisation carries on business in [Industry/Sector Description] and provides professional development, training, and experiential learning opportunities. B. The Intern is currently enrolled in or a recent graduate of [Name of Educational Institution], studying [Course/Degree Name] (the "Educational Program"). C. The Intern has applied to undertake a vocational placement or professional internship with the Host Organisation to gain practical skills and industry experience relevant to their Educational Program. D. The Parties intend for this arrangement to be classified strictly as an unpaid or paid vocational/educational internship (as specified herein) and not as standard employment under the Fair Work Act 2009 (Cth).

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

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2. OPERATIONAL DEFINITIONS

For the purposes of this Agreement, the following terms shall have the corresponding meanings set forth below:

1. "Confidential Information" means all non-public, proprietary, or commercially sensitive information relating to the Host Organisation, its clients, suppliers, affiliates, or business operations, including without limitation trade secrets, software, source code, financial data, marketing strategies, intellectual property, client lists, and know-how, whether communicated orally, in writing, or in electronic format.
2. "Educational Institution" means [Name of University, TAFE, or College], under whose auspices or curriculum requirements the Intern may be undertaking this placement.
3. "Effective Date" means the date first written above, being the commencement date of this Agreement.
4. "Fair Work Act" means the Fair Work Act 2009 (Cth) as amended from time to time.
5. "Intellectual Property Rights" means all industrial and intellectual property rights of any kind worldwide, including copyright, patents, designs, trademarks, circuit layouts, trade secrets, moral rights, and any right to registration of such rights, whether created before, on, or after the Effective Date.
6. "Internship Period" means the period commencing on [Start Date] and concluding on [End Date], unless terminated earlier in accordance with Section 4 of this Agreement.
7. "Mentor" means [Name of Designated Supervisor/Manager] or such other person appointed by the Host Organisation to supervise, train, and guide the Intern during the Internship Period.
8. "Stipend / Remuneration" means the financial compensation (if any) set out in Schedule A payable to the Intern for out-of-pocket expenses or services rendered.

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3. SUBSTANTIVE TERMS & OBLIGATIONS

3.1 Nature of Engagement and Classification

1. The Parties expressly acknowledge and agree that this Agreement creates an internship and educational training relationship, and does not constitute a contract of employment under the Fair Work Act 2009 (Cth), common law, or any applicable modern award or enterprise agreement.
2. The primary purpose of the internship is for the Intern to acquire vocational skills, industry knowledge, and practical experience. The Intern shall not displace regular employees of the Host Organisation.

3.2 Internship Period and Hours

1. The Internship Period shall commence on [Start Date] and terminate on [End Date], subject to prior termination under Section 4.
2. The Intern shall attend the premises of the Host Organisation (or perform remote duties as authorised) on the following days and times: [e.g., Monday to Wednesday, 9:00 AM to 5:00 PM], totaling approximately [Number] hours per week.

3.3 Remuneration and Expenses

1. This internship is structured as an [unpaid educational placement / paid internship attracting a stipend of $[Dollar Amount] per [week/month] plus superannuation as required by law].
2. The Host Organisation shall not be liable to reimburse the Intern for any travel, accommodation, or incidental expenses incurred in connection with the internship unless expressly agreed to in writing prior to the incurrence of such expenses.

3.4 Duties and Performance Metrics

1. The Intern shall perform the learning activities, projects, and administrative tasks assigned by the Mentor, as outlined broadly in Schedule B, acting faithfully, diligently, and to the best of their skill and ability.
2. The Intern shall participate in regular feedback and performance reviews conducted by the Mentor to evaluate learning outcomes and progress against educational objectives.

3.5 Compliance with Policies and Workplace Safety

1. The Intern shall at all times comply with all lawful and reasonable directions given by the Host Organisation, its officers, and the Mentor.
2. The Intern shall strictly observe all internal policies, procedures, codes of conduct, IT security guidelines, and work health and safety (WHS) policies of the Host Organisation pursuant to the Work Health and Safety Act 2011 (Cth/State equivalent).
3. The Intern shall immediately report any workplace hazards, incidents, or injuries to the Mentor and the Host Organisation’s human resources department.

3.6 Intellectual Property Assignment

1. All Intellectual Property created, conceived, developed, or reduced to practice by the Intern, solely or jointly with others, during the course of the Internship Period and arising out of or in connection with the Host Organisation’s business or resources shall immediately become the sole and exclusive property of the Host Organisation.
2. The Intern hereby assigns to the Host Organisation all present and future Intellectual Property Rights in such works. The Intern agrees to execute all documents and do all things reasonably requested by the Host Organisation to vest such rights in the Host Organisation.

3.7 Confidentiality Obligations

1. The Intern acknowledges that they will have access to Confidential Information belonging to the Host Organisation.
2. The Intern agrees that, during and after the Internship Period, they shall not disclose, divulge, or communicate any Confidential Information to any third party, nor use any Confidential Information for any purpose other than the performance of their duties under this Agreement, without the prior written consent of the Host Organisation.
3. Upon termination of this Agreement, or upon demand by the Host Organisation at any time, the Intern shall promptly return or destroy all physical and digital copies of Confidential Information, property, access cards, and equipment belonging to the Host Organisation.

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4. DEFAULT, TERMINATION, AND REMEDIES

4.1 Termination Without Cause

Either Party may terminate this Agreement at any time, with or without cause, by providing [14 / 30] days' prior written notice to the other Party.

4.2 Termination For Cause

The Host Organisation may terminate this Agreement immediately with cause, and without prior notice or payment in lieu, if the Intern:

1. Commits a serious or willful breach of any provision of this Agreement, including breaches of confidentiality or intellectual property clauses;
2. Engages in misconduct, dishonesty, fraud, or gross negligence;
3. Violates the Host Organisation's workplace safety, anti-harassment, or anti-discrimination policies; or
4. Fails to attend the internship duties for a continuous period of more than [3] consecutive business days without notifying the Mentor or providing a valid medical certificate or educational justification.

4.3 Cure Period for Curable Breaches

In the event of a material breach of this Agreement by either Party that is capable of remedy, the non-defaulting Party shall provide written notice specifying the breach and demanding its remedy. The defaulting Party shall have a cure period of 30 business days from the receipt of such notice to rectify the breach to the reasonable satisfaction of the non-defaulting Party. If the breach is not cured within the 30-business-day period, the non-defaulting Party may terminate this Agreement immediately upon written notice.

4.4 Remedies Upon Breach

In addition to termination rights, upon a breach of Section 3.6 (Intellectual Property) or Section 3.7 (Confidentiality) by the Intern, the Host Organisation shall be entitled to seek equitable relief, including interim, interlocutory, and permanent injunctive relief, and specific performance, without the necessity of proving actual damages or posting bond, alongside any damages recoverable at law.

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5. BOILERPLATE LEGAL PROVISIONS

5.1 Entire Agreement

This Agreement, together with any schedules attached hereto, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior negotiations, understandings, representations, and agreements, whether written or oral.

5.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

5.3 Force Majeure

Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by acts of God, natural disasters, war, pandemic, government restrictions, utility failures, or other events beyond the reasonable control of the affected Party, provided that the affected Party uses reasonable efforts to mitigate the effects of the event.

5.4 Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State, e.g., New South Wales] and the Commonwealth of Australia. Each Party irrevocably submits to the exclusive jurisdiction of the courts of [Insert State] and any courts competent to hear appeals therefrom.

5.5 Dispute Resolution

1. In the event of any dispute arising out of or relating to this Agreement, the Parties shall first attempt in good faith to resolve the dispute through senior management negotiations.
2. If the dispute is not resolved within [14] business days of commencement of discussions, the Parties agree to submit the dispute to mediation administered by the Australian Disputes Centre (ADC) before commencing any court proceedings.

5.6 Independent Legal Advice

The Intern acknowledges that they have been advised of their right to seek independent legal advice prior to executing this Agreement and that they fully understand its legal effect, terms, and obligations.

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6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have duly executed this Internship Agreement as of the Effective Date written above.

SIGNED, SEALED, AND DELIVERED for and on behalf of [Company Legal Name] (ACN [ACN Number]) by a duly authorised officer:

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Signature of Authorised Representative

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Name of Authorised Representative

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Title (e.g., Director / Head of HR)

Date: ____________________________

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SIGNED, SEALED, AND DELIVERED by [Intern Legal Name] in the presence of:

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Signature of Intern

Date: ____________________________

Witness Details:

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Signature of Witness

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Name of Witness (Print)

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Address of Witness