With years of experience in the field, we understand the complexities that surround employment contracts.
Let us help you navigate the employer-employee relationship.
Looking for an Employment Contract Lawyer?
An employment contract sets out the terms and conditions of employment between an employer and employee. It is a legally binding agreement that outlines everything from compensation and benefits to termination requirements.
A strong employment contract is imperative for both employers and employees. This is where the employment contract lawyers at WilliamsonBarwick can help.
With over 20 years of experience, our team of employment lawyers specialises in drafting, reviewing, negotiating, and litigating employment contracts.
Our Employment Contract Services
Some key services we provide related to employment contracts include:
Drafting a new Employment Contract
We can create comprehensive employment contracts tailored to your specific needs and situation. Our lawyers stay up-to-date on the latest laws and regulations to ensure your contract complies with all legal requirements.
Employment Contract Review
If you already have an employment contract in place but need it updated or strengthened, our lawyers can review your existing document and recommend changes and improvements. We’ll make sure it protects your interests as an employer or employee.
Negotiating Employment Contract Terms
We can represent you during the contract negotiation process to help secure favourable terms related to salary, benefits, bonuses, stock options, severance pay, restraint of trade clauses, and more. Our lawyers are experienced negotiators.
Litigating Employment Contract Disputes
Unfortunately, sometimes employment contract disputes end up in court. Our employment lawyers can represent you in litigation and strive to achieve the most positive outcome in your case. We fight to protect your rights.
In addition to traditional employment contracts, we can also draft, negotiate, and review contractor agreements, executive employment contracts, consultant contracts, separation agreements, and more.
Beyond providing employment contract services, our lawyers provide the following solutions:
The Benefits of Working with Our Employment Contract Lawyers
When you work with our employment contract lawyers, you can expect:
In-depth legal expertise with employment contracts, specifically
Customised contracts tailored to your unique needs
Assistance enforcing contractual rights and obligations
Reliable advice from a legal team you can trust
Advocates on your side with proven negotiation skills
Accessible lawyers are available to answer your questions
Reasonable fees for our services
Your employment contracts serve as the foundation for your work relationships. Don’t leave yourself legally vulnerable; let the experts at WilliamsonBarwick review, draft and negotiate your employment contracts.
Contact our Employment Contract Lawyers Today!
Don’t settle for a generic employment contract that doesn’t fully protect and represent you. The lawyers at WilliamsonBarwick take pride in providing personalised, attentive service to each individual client.
To set up your initial consultation with our employment contract lawyers, you can contact us today.
PERSONAL CONSULTATION & SUPPORT
EXCLUSIVE TO EMPLOYERS & SENIOR EXECUTIVES
OVER 20 YEARS EXPERIENCE
ACCREDITED SPECIALIST, EMPLOYMENT & INDUSTRIAL LAW
Choose a Law Firm Employers Trust
Our workplace lawyers understand that having a law firm represent your business isn’t just about avoiding an employment law issue – it’s also about making your business stronger. We work hard to get the best outcomes for our clients, so you can focus on what you do best.
We’re here to help, so get in touch and seek legal advice today.
Identifying that an employment relationship exists is important for determining the rights and obligations of both parties under Australian employment law. The other main alternative is that there may be a relationship of the principal and the independent contractor. The key factors that indicate an employment relationship include:
The employer’s degree of control over the work
Whether the worker performs work as part of the employer’s business
Whether the worker is integrated into the employer’s business
Whether the work requires specific skills or training
Whether the employer provides the equipment and tools for the work
Whether the worker works hours that are determined by the employer
Whether the worker is entitled to leave
Our employment lawyers can help you properly define and document the employment relationship in your contracts to ensure compliance with employment laws.
If your business wishes to enter into an independent contractor relationship, it’s equally important that it is clearly documented in writing so that there is no misunderstanding.
Is an Employment Contract Mandatory?
No, employment contracts are generally not mandatory under Australian law. A contract of employment can be binding based on verbal or implied terms, or through an offer letter, workplace policies, and other employment documents.
However, having a written employment contract is highly recommended, as it provides clear terms and protections for the employer. A contract reduces misunderstandings, outlines obligations, and gives legal recourse if the relationship sours.
Our employment lawyers strongly advise putting an employment contract in place, especially for long-term employment.
Do Lawyers Write Employment Contracts?
Yes, employment lawyers typically draft, review, and negotiate employment contracts for both employers and employees. Having a lawyer involved ensures the contract complies with employment laws and adequately protects the interests of both parties.
Our experienced employment lawyers can create comprehensive, customised employment contracts tailored to your specific situation and needs.
Are Employment Contracts Legally Binding In Australia?
Yes, properly written employment contracts are legally binding under Australian employment laws. However, employment contracts can be overridden by legislation such as the Fair Work Act 2009 (Cth).
However, a legally binding employment contract should contain certain essential elements, including duties, compensation, benefits, and termination clauses. Vague or incomplete contracts can be contested.
Our employment lawyers ensure your contracts contain the necessary provisions to make them legally binding under Australian laws.
How Do You Make an Employment Contract Legally Binding?
There are a few key steps required to make an employment contract legally enforceable:
Clearly define the employment terms, conditions, rights and responsibilities of both parties
Have the contract reviewed or drafted by an employment lawyer
Ensure consideration is exchanged (e.g. salary, wages, benefits, etc.)
Include termination provisions
Have both parties mutually sign and date the finalised contract
Following these steps, alongside the guidance of our legal team, ensures your employment contracts will be binding under Australian law.
What Are Some Key Sections in an Employment Contract?
Some of the most important sections in a comprehensive employment contract include
Conditions of offer
Job title and duties
Days and hours of work
Whether overtime is payable
Compensation amounts and payment schedule
Statutory entitlements such as leave and superannuation
Intellectual property and confidentiality provisions
Restrictive covenants, including post-employment restraints
Termination requirements, including return of property
An experienced employment lawyer can advise you on the essential sections to include in your employment contracts.
Can I Make Changes To an Existing Employment Contract?
Yes, most employment contracts can be modified (i.e. varied) with the consent of both the employer and the employee. Our lawyers can review your current employment agreements, identify areas for improvement, and recommend specific changes to strengthen your protections as the situation evolves.
However, some provisions, like post-employment restraints, can be difficult to change once executed. We can also recommend strategies for how to implement changes to the written employment contract successfully.
What are Enterprise Agreements?
Enterprise agreements are formal workplace agreements made between an employer or group of employers and their employees that set out the terms and conditions of employment. They are negotiated agreements that operate in conjunction with employment awards and employment contracts.
If an enterprise agreement applies to an employee, the employee’s employment contract cannot provide for anything less than what the enterprise agreement does.
Enterprise agreements allow for flexibility to meet the specific needs of a workplace. For example, they may provide additional benefits like higher wages or more leave. However, they cannot contain terms below the minimum award conditions. Our employment lawyers can assist with negotiating enterprise agreements.