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Employment Contract Review Checklist Australia

Prepare an employment contract for legal review. Compare pay, duties, hours, restraints, termination and proposed changes, with questions for an employment lawyer.

By Talk to a Lawyer · Published 30 September 2026 · 6 minute read

Source-checked editorial preparation guidance. No individual legal-review claim is made for this guide.

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An employment contract review is most useful when the lawyer knows what you are being asked to accept and what matters to you in practice. A new job, promotion, contractor arrangement and exit agreement require different questions. This guide helps you prepare a review brief before signing, identify the terms you want explained and compare the proposed legal service. It does not determine whether a clause is enforceable or calculate your entitlements.

Gather the Contract and Documents It Refers To

Collect the offer, contract, schedules and referenced policies available to you. Save the original proposed version. If you already work for the employer, include the current agreement and any earlier variations. Mark missing attachments rather than treating them as unimportant: a clause may refer to a bonus plan, policy or restraint elsewhere.

Write a short account of what was discussed at recruitment or during the proposed change. Separate written commitments from your recollection of a conversation. Tell the lawyer whether you have already accepted an offer, started work or signed any document; the review should address your actual position, not an assumed future negotiation.

Review Pay, Hours, Duties and Location Together

Prepare a table with the current arrangement, the proposed wording and your question. Include base pay, variable pay, ordinary hours, additional work, travel, location and reporting responsibilities. Describe how the role is expected to operate. A promising salary figure does not by itself explain discretionary bonuses, expense reimbursement or the practical demands of the job.

Ask the lawyer which award, enterprise agreement or other employment framework may be relevant. Fair Work guidance explains that employment terms can come from sources beyond the individual contract. Give the employer's details and your actual duties; do not assume the title of the role or the label 'contractor' settles the legal question.

Ask About Confidentiality, Restraints and Leaving the Job

Flag provisions about confidential information, intellectual property, outside work, clients, competing activities and work after departure. Explain any existing business, professional portfolio or planned side activity. Ask what the wording would require you to do and which proposed changes would address your concern. Do not rely on a general statement that all restraints are valid or invalid.

Read termination, notice, probation and payment provisions as a group. Ask the lawyer to distinguish contractual wording from minimum entitlements and to identify any issue needing specialist or jurisdiction-specific consideration. The purpose is to understand the consequences before acting, rather than to obtain a blanket approval of a long document.

Choose Between Advice, Amendments and Negotiation

Ask what the review fee buys: a meeting, written advice, proposed amendments or negotiation with the employer. Tell the firm how many documents and versions exist. If you need a revised draft, confirm whether one round of changes and a follow-up call are included. Representation in an employment dispute is a separate scope from reviewing a job offer.

Finish with a list of unresolved terms and the proposed response. Keep track of which version the employer accepts. If employment has already ended or a formal complaint deadline may apply, raise that at intake and seek prompt advice; completing a contract checklist should not delay a time-sensitive enquiry.

The decision desk · practical workbook

Build a contract changes table before the review

A useful review brief connects the words in the contract to the way you expect to work. Use the actual clause number and quote only the short passage you want explained. Supply the complete document separately so the lawyer can read the clause in context.

Use these prompts in your private preparation notes. On a narrow screen, scroll the table sideways to read every column.

Preparation prompts and questions
TermInformation to provideDecision to discuss
Pay and incentive planBase salary, bonus documents, targets and recruitment emails.Which payments are fixed, conditional or discretionary?
Workplace and travelNormal work location, expected travel and any remote-work promise.Could the proposed wording change the practical job you accepted?
Hours and availabilityExpected roster, after-hours contact and additional duties.What employment framework and payment arrangements need checking?
Side work and intellectual propertyExisting projects, businesses or material you created before joining.What exceptions or written clarification should you seek?
Leaving and restrictionsNotice terms, restraint clauses and your likely next career step.What conduct does the wording restrict, and what changes matter to you?

Preparation mistakes to avoid

Reading the salary clause alone

A remuneration package may involve superannuation, incentives and expectations about hours. Give the adviser the whole package and your actual duties so these can be assessed together.

Using an old review for a new draft

Track versions by date and filename. Mark what changed, but send the complete updated document; a summary may miss a cross-reference or new schedule.

When the situation is less straightforward

What if the employer says the wording is non-negotiable?

A review can still help you understand the proposed obligations and decide what to ask or whether to accept. Tell the lawyer that negotiation may be limited so the advice focuses on the decision actually available to you.

Should I send company documents from a previous job?

Do not assume you can share a former employer’s confidential material. Describe the issue first and ask what the adviser needs and how it can lawfully be provided. Your existing obligations may themselves be part of the review.

Appointment Preparation Checklist

0 of 6 gathered · ticks reset when you leave this page.

A preparation aid, not confirmation that a legal requirement is complete.

Questions About This Legal Preparation Task

Is a standard employment contract safe to sign?

The word standard does not explain how its terms affect you. Ask for advice on the actual document, role and applicable framework.

Does a lawyer need the old contract?

For a variation or replacement, the existing agreement helps identify what changes. Include it if available and mark any missing versions.

Official Sources and Advice Scope

General appointment preparation, not advice about your individual circumstances. Examples are illustrative, not client case studies. Sources provide further reading; confirm current requirements with the relevant service or adviser.

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