Employment contract review checklist (employee side)
Employment contract review is most commonly done at the offer stage — before the employee signs. This checklist covers the standard areas to flag and negotiate.
This is a 12-step checklist for reviewing an Australian employment contract on behalf of an employee. It covers the NES baseline, modern award compliance, key clauses, and the standard risk areas. Use it on every employment contract review.
The checklist
Verify the parties and role
Confirm the employer's legal name (matches ABN), the position title, the reporting line, and the start date.
Identify the applicable modern award
Check whether a modern award covers the role. Award conditions are minimums that override the contract.
Check NES compliance
Verify the contract complies with the National Employment Standards — leave, hours, notice, redundancy.
Review remuneration
Check base salary, superannuation (separate from base or inclusive), bonuses (discretionary or contractual), and any equity.
Check working hours and overtime
Identify ordinary hours, any overtime arrangements, and any "reasonable additional hours" provisions.
Review probation period
Check the probation period and the termination provisions during probation.
Check confidentiality and IP
Review confidentiality obligations and IP assignment provisions. Most are standard but flag any unusual scope.
Review restraint of trade
Identify any restraint of trade (non-compete, non-solicit, non-poach). Assess reasonableness — duration, geography, scope.
Check termination provisions
Review notice periods, summary dismissal grounds, and any termination payment provisions.
Identify discretionary terms
Flag any terms that the employer has discretion to vary unilaterally. These create uncertainty for the employee.
Check entire agreement clauses
Identify any entire agreement clause that may exclude prior representations or oral promises.
Prepare advice memo and proposed amendments
Produce an advice memo for the employee covering each risk area and any proposed amendments to negotiate.
When this checklist applies
Use this checklist whenever you are reviewing an employment contract for an employee — typically at the offer stage before signing.
Common pitfalls
- Missing modern award coverage (the contract cannot displace award minimums)
- Overly broad restraint of trade clauses that may be unenforceable but still chill behaviour
- Discretionary remuneration treated as guaranteed
- Unclear notice provisions during probation
- Entire agreement clauses excluding important pre-contractual representations
Run this checklist on a real matter
Quillio reviews AU employment contracts in seconds, walks through this checklist, and produces a structured advice memo. See /practice-areas/employment-lawyers or start a free trial.
This checklist is a general guide for employee-side employment contract review. Adapt for executive contracts, fixed-term arrangements, and complex incentive structures.
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