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Understanding Employment Contracts
An employment contract sets out the terms governing the working relationship. It typically addresses remuneration, duties, hours of work, leave entitlements, termination provisions and post-employment restraints.
Employment contracts operate alongside statutory protections under the Fair Work Act 2009, applicable awards and enterprise agreements. A contract cannot exclude minimum statutory entitlements. However, it may regulate matters such as notice periods, confidentiality, intellectual property and restraint of trade.
Ambiguity in drafting can lead to disputes regarding termination, bonus entitlements or post-employment restrictions. Careful structuring reduces the risk of litigation in the Federal Circuit and Family Court of Australia or relevant state courts.
When You Need an Employment Contract Lawyer
Legal advice is important when:
- Drafting new employment agreements
- Engaging senior executives or key personnel
- Reviewing a contract before signing
- Introducing restraint of trade clauses
- Negotiating bonus or incentive structures
- Terminating employment
- Responding to allegations of breach
- Varying existing contractual terms
Early review provides clarity and reduces future dispute risk.
Our Legal Services for Employment Contracts
We advise employers and employees on contractual arrangements, including:
- Employment contract drafting
- Executive contract review
- Restraint of trade clauses
- Confidentiality and intellectual property provisions
- Termination and notice clauses
- Variation and amendment advice
Our Approach to Employment Agreements
We assess the employment relationship within its statutory framework. Terms are drafted to align with the Fair Work Act 2009, applicable awards and contractual best practice.
For employers, we focus on enforceable termination provisions, protection of confidential information and proportionate restraint clauses. For employees, we analyse risk exposure, bonus structures and post-employment restrictions.
Each agreement is structured for clarity and enforceability. Where disputes arise, we act strategically in negotiation or formal proceedings.
Why Choose Maguire & McInerney
Maguire & McInerney advises on employment contracts across a range of industries and seniority levels. Agreements are prepared with precision and enforceability in focus, supported by experience in employment disputes and federal court proceedings. We provide clear advice on risk, compliance and negotiation strategy, with transparent fee structures.
Before entering or varying an employment agreement, obtain clear legal advice on its implications. Contact our team to discuss your position.
Steps To Get Started
FAQs
Yes, provided it is reasonable in scope, duration and geographic reach. Courts assess reasonableness at the time the contract was entered into. Careful drafting improves enforceability. Such a clause must be designed to protect a proprietary or legitimate business interest and not designed just to prevent competition.
No. Contracts cannot exclude or reduce minimum entitlements provided under the Fair Work Act or applicable awards.
While not mandatory, review ensures the contract complies with the Fair Work Act and identifies restrictive clauses that may affect your rights.
Straightforward agreements can often be prepared within days. More complex executive contracts may require negotiation and additional drafting time.
Key terms include remuneration, duties, hours, leave entitlements, termination provisions, confidentiality and restraint clauses.
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