Employment Contract Review Checker

Your contract must clearly state your rate of pay. Without this, it is difficult to verify you are being paid correctly under the applicable award or NES minimums.

Ordinary hours determine when overtime and penalty rates apply. For full-time employees, standard ordinary hours are 38 per week under the NES.

Your contract should specify whether you are paid weekly, fortnightly, or monthly. Most awards require payment at least monthly.

If you are covered by a Modern Award, your contract should reference it. The award sets minimum pay rates, overtime, penalty rates, and other conditions that your contract cannot undercut.

Full-time employees are entitled to a minimum of 4 weeks (20 days) of paid annual leave per year under the NES. Your contract should state this.

Full-time employees are entitled to 10 days of paid personal/carer's leave per year under the NES. This accumulates year to year.

Employees are entitled to 2 days of paid compassionate leave per occasion under the NES for the death or life-threatening illness of an immediate family or household member.

Employees with at least 12 months of service are entitled to up to 12 months of unpaid parental leave under the NES, plus the right to request an additional 12 months.

Your contract should specify the notice period required by either party. The NES sets minimum notice periods based on length of service (1-4 weeks).

Employees with at least 1 year of service are entitled to redundancy pay under the NES (4-16 weeks depending on service). Small businesses (under 15 employees) are exempt.

Employees covered by the Fair Work Act are protected from unfair dismissal after the minimum employment period (6 months, or 12 months for small businesses).

Pay secrecy clauses have been ILLEGAL in Australia since 7 June 2023 under the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. Employees have the right to discuss their pay with anyone.

Non-compete clauses are only enforceable if they are reasonable in scope, geography, and duration. Overly broad restraints (e.g., 2+ years, entire industry, nationwide) are likely unenforceable in Australian courts.

If you work set hours, use the employer's tools, cannot subcontract, and are told how to do the work, you are likely an employee regardless of what the contract says. Sham contracting is illegal under s 357 of the Fair Work Act and carries penalties up to $93,900 per breach.

An employment contract cannot provide less than the NES or applicable Modern Award minimums. Any term that attempts to do so is void and unenforceable. This includes paying below award rates, reducing leave entitlements, or removing penalty rates.

Since 26 August 2024, eligible employees have the right to disconnect — meaning they can refuse to monitor, read, or respond to employer contact outside working hours unless the refusal is unreasonable. Contracts requiring 24/7 availability may breach this right.