Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Secondments can be a smart way to share skills, keep staff engaged and solve resourcing gaps without permanently changing your team. But to do it properly in Australia, you’ll want clarity on what a secondment actually is, how it works legally, and what to put in the paperwork so everyone’s protected.
In this guide, we’ll unpack the meaning of a secondment, outline common use cases (from short-term projects to group company rotations), and walk through the legal steps to set one up. We’ll also flag key compliance issues and the clauses your Secondment Agreement should cover so the arrangement runs smoothly from day one.
What Does “Secondment” Mean In Australia?
A secondment is a temporary arrangement where an employee of one employer (the “home employer”) is assigned to work for another business or business unit (the “host”) for a defined period. The employee stays employed by the home employer, but performs duties for the host under agreed terms.
Secondments are used for short project bursts, skills development, covering parental leave or filling specialist gaps across group companies. They’re also common in professional services and government, where cross-team experience is valuable.
Key Features Of A Secondment
- Temporary: There’s a clear start and end date (or events that trigger an end).
- Employment continues: The employee remains employed by the home entity unless you formally transfer them.
- Direction at the host: Day-to-day work is performed for the host, often under their general supervision.
- Contracted terms: The arrangement is set out in a written agreement that allocates responsibilities and risk.
Secondment vs Permanent Transfer
In a secondment, the employee returns to their original role (or a comparable role) at the end. A permanent transfer moves the employment to another entity for good. If you’re considering moving staff within a corporate group for the long term, it’s worth comparing secondment with a formal transfer process across group companies.
When And Why Do Businesses Use Secondments?
Secondments can be strategic for both employers and employees. Here are common reasons to use them.
For Employers
- Project resourcing: Deploy specialist staff quickly without hiring permanently.
- Talent development: Give high-potential employees exposure to new teams, clients or industries.
- Client service: Embed a team member at a client for a project while retaining the employment relationship.
- Cross-entity collaboration: Share capability across subsidiaries or joint venture partners.
- Backfill: Cover parental leave or extended absence with minimal disruption.
For Employees
- Skills growth: Learn new systems and broaden experience.
- Career opportunities: Build networks and test new roles without changing employers.
- Variety and engagement: A new environment can re-energise experienced staff.
How Do Secondments Work? A Step-By-Step Overview
Every secondment should be tailored to your circumstances, but a typical process looks like this.
1) Confirm the Business Case and Scope
Map out the purpose, duties, location (including remote work options), start date, and expected end date. Note any award or enterprise agreement implications, and check that the host can provide a safe workplace and appropriate supervision.
2) Consult With the Employee
Explain the opportunity clearly, including how the secondment affects pay, hours, benefits, reporting lines and performance management. Consent is important-especially where relocation or materially different duties are involved.
3) Align Internal HR Settings
Decide who handles payroll, superannuation, leave accruals and approval of overtime. Confirm who provides equipment, systems access and training. If you need to update the employee’s core terms, consider whether a short variation to their existing Employment Contract is appropriate alongside the secondment document.
4) Put a Written Secondment Agreement in Place
Use a clear, tailored contract between the home employer and the host, with employee acknowledgement. This should address supervision, confidentiality, IP, WHS obligations, insurances, costs, and the return-to-role process. A properly drafted Secondment Agreement helps prevent disputes and protects all parties.
5) Manage Onboarding and Induction at the Host
Ensure the employee receives host onboarding: safety induction, policies, systems access and (if relevant) client protocols. Clarify to whom the employee reports day to day and how performance feedback will be shared with the home employer.
6) Monitor, Review and Return
Set check-in points, measure outcomes and plan the return-to-role well before the end date. If the secondment is extended, document the new dates and any changed terms.
What Laws And Compliance Rules Apply To Secondments?
Secondments sit at the intersection of employment, WHS, privacy and contract law. Here are the main compliance areas to consider in Australia.
Fair Work Obligations
- National Employment Standards (NES): The employee keeps their NES entitlements (e.g. leave, notice) throughout the secondment.
- Awards/Agreements: Check classification, minimum rates, penalty rates and allowances if duties, hours or location change.
- Hours and Breaks: Ensure Rosters and breaks meet workplace requirements and any applicable modern award. If hours change significantly, document it.
Pay, Super and Tax
- Payroll and PAYG: Usually the home employer continues payroll. If the host reimburses salary costs, set a clear invoicing method.
- Superannuation: Confirm who pays super and at what rate; this should be consistent with ordinary time earnings and any award obligations.
- Allowances/Expenses: If the role involves travel or relocation, set out who pays for what and any per diems.
Work Health and Safety (WHS)
Both entities have duties to provide a safe workplace, systems and supervision. The host must induct the secondee into their WHS policies and raise any incidents with the home employer promptly. Document incident reporting and investigation responsibilities in your agreement.
Workers Compensation and Insurance
Confirm which policy covers the secondee and in which jurisdiction (this can vary with interstate placements). Also review public liability and professional indemnity insurance if the secondee will be client-facing or providing specialist advice on the host’s behalf.
Privacy and Confidentiality
Secondments often require access to the host’s systems and client data. Make sure the secondee is bound by confidentiality obligations and understands the host’s privacy and security settings. Many employers support this with an Employee Privacy Handbook and targeted training for data handling and system use.
Intellectual Property (IP)
Who owns new IP created during the secondment? Your Secondment Agreement should set out clear IP ownership and licensing rights to avoid disputes, especially where the secondee develops products, software or creative assets for the host.
Restraints and Conflicts
Consider non-solicitation of clients and staff, conflict of interest disclosures and post-secondment restrictions that are reasonable and enforceable. If you need specific protections, get guidance on a tailored restraint through Restraint Of Trade Advice.
What Should A Secondment Agreement Include?
The agreement is your playbook. It sets expectations, allocates risk and reduces ambiguity. While your exact terms will vary, these clauses are commonly essential.
1) Parties and Employee
- Identify the home employer, the host and the secondee (by name and role).
- Confirm the secondee remains employed by the home employer.
2) Scope, Duties and Location
- Describe the role, supervision, performance standards and reporting lines at the host.
- Note location (onsite, remote or hybrid) and any travel expectations.
3) Duration and Extensions
- Start and end dates, options to extend, and notice requirements for early termination.
- Return-to-role process and any consultation steps for changes on return.
4) Pay, Costs and Invoicing
- Who pays salary and super (usually the home employer) and how the host reimburses costs.
- Expense approvals, allowances and any fee arrangements between the entities.
5) Leave, Hours and Overtime
- How leave requests are managed and approved, and by whom.
- Hours of work, breaks and overtime rules (and any applicable award references).
6) Policies, WHS and Training
- Which policies apply (host and/or home), with access provided to the secondee.
- WHS induction and incident reporting responsibilities for both entities.
7) Confidentiality, Privacy and IP
- Confidentiality obligations covering both the host’s and home employer’s information.
- Data access protocols and privacy compliance requirements.
- IP ownership and licensing for work created during the secondment.
8) Insurance and Liability
- Workers compensation coverage and which policy applies.
- Professional indemnity and public liability requirements, plus indemnities and limitations where appropriate.
9) Performance Management and Conduct
- How feedback is handled and who can issue directions.
- Process for handling misconduct, grievances or performance issues during the secondment.
10) Post-Secondment Restrictions
- Reasonable non-solicit obligations and conflict management to protect relationships on both sides.
If you’re setting up or reviewing a template, it’s worth getting a tailored Secondment Agreement that addresses your structure, insurance settings and risk profile, particularly when secondees will work at client sites or across different states.
Secondment vs Transfer, Contractor Or Labour Hire: What’s The Difference?
Because secondments sit between employment and services, it’s important to choose the right model. Here’s how they differ at a high level.
Secondment vs Permanent Transfer
Secondment is temporary; the employment remains with the home employer. A transfer typically moves the employment to another entity for good. For group businesses planning internal mobility, compare a fixed-term secondment with a documented transfer pathway to avoid confusion about who is the legal employer. If your intention is a move within the group, see how transferring employees within group companies is typically managed and documented.
Secondment vs Contractor
Contractors are independent businesses responsible for their own tax, super and insurances; secondees are employees. If you control how, when and where the work is done and provide equipment and supervision, a secondment (or direct employment) is more accurate than a contracting model.
Secondment vs Labour Hire
Labour hire involves a provider supplying workers to a host as part of their labour hire business, often requiring licensing in certain states and sectors. With a secondment, you’re moving your own employee to a host for a defined purpose-usually as a one-off or within a corporate group-with the employment continuing unchanged.
Beware “Dual Employment” Risks
Make sure your documentation clarifies that the home employer remains the employer to reduce arguments about a second employment relationship forming at the host. Control, payroll, benefits and processes should be aligned with that position. For context on multi-entity working arrangements, see our guide on dual employment in Australia.
Policies and Side Work
If the secondee wants to keep doing side work for their home team while at the host, set boundaries early and reference your Workplace Policy (or incorporate a secondment-specific policy). Also be mindful of conflicts with any rules about secondary employment and disclosure obligations.
What Other Documents And Processes Help Secondments Run Smoothly?
Beyond the core Secondment Agreement, a few supporting documents and practices can make a big difference.
Employment Letters and Variations
If the secondment changes hours, allowances or responsibilities, consider a short variation to the employee’s underlying Employment Contract to capture those adjustments for the period.
Clear Onboarding and Offboarding
- Access and security: Document how the secondee gets access to host systems and how access is revoked at the end.
- Equipment: Note whether the home or host provides devices and who is responsible for maintenance and loss.
- Client ownership: If the secondee works with clients, state who owns the relationship and how handover occurs.
Confidentiality and Restraints
Reinforce confidentiality through your secondment paperwork and employee policies. If you need post-secondment restrictions (for example, not soliciting a host’s clients), get tailored wording that is reasonable in scope and duration with support from Restraint Of Trade Advice.
Performance and Feedback
Establish how performance feedback flows from the host to the home employer and who leads formal performance management if needed. This avoids mixed messages and ensures the employee is supported.
Future Moves
If the secondment may become permanent, outline the pathway upfront: how a permanent offer would work, what happens to accrued entitlements, and whether a probation period or garden leave could apply between roles for conflict management.
Key Takeaways
- A secondment is a temporary assignment where an employee works for a host while remaining employed by their home employer.
- Use a clear Secondment Agreement to define duties, duration, pay and cost recovery, WHS, insurance, confidentiality, IP and return-to-role steps.
- Fair Work, WHS, superannuation, workers compensation, privacy and IP rules all still apply-clarify who is responsible for each area.
- Document practical settings like policies, systems access, equipment, leave approvals and performance feedback so everyone knows the process.
- Be clear about the model you’re using-don’t blur secondment with contractor, labour hire or permanent transfer-and minimise dual employment risk.
- Plan onboarding and offboarding at the host carefully, and keep employees supported through regular check-ins and a structured return.
If you’d like a consultation on setting up a secondment in your workplace, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.


