Preparing for an employment contract review

Published by Book a Lawyer · Updated 20 September 2026

General information prepared with AI assistance and linked public sources. No independent legal review is claimed.

Coverage: Australian preparation guidance. Employment systems and applicable instruments differ; an adviser should identify what applies to the role.

General information only — not legal advice.

Give the lawyer both the proposed employment documents and a clear picture of the job. Ask which rules or instruments need to be considered alongside the contract and what the review covers. Highlight the terms that affect your practical decision before accepting or agreeing to a change.

About 4 minutes · Includes a checklist and worked example

Describe the actual working arrangement

Record the employer’s name, job title, proposed duties, work location and start date. Explain any difference between the written role and what has been discussed. Tell the adviser whether this is a first offer, promotion, replacement contract or change during existing employment.

If the arrangement is described as contracting, casual work or fixed-term employment, repeat that description without assuming it settles the legal position. Ask the adviser what information is needed to assess the arrangement.

Collect the documents referred to by the offer

Bring the offer letter, contract, schedules and any policies or incentive documents you have received. Identify references to documents you have not seen. Keep emails about negotiated terms with the relevant draft so the lawyer can compare them.

Ask what employment rules, award or agreement may need to be considered. The Fair Work Ombudsman explains employment contracts and their relationship with other workplace entitlements. The adviser should assess the position relevant to your employment, rather than treating the draft as the only source.

Prioritise the terms that affect your decision

Prepare practical questions about remuneration, hours, travel, location, outside activities and what happens when employment ends. Describe which commitments you can realistically meet and which promises influenced your interest in the job. Ask the lawyer to explain uncertain terms in that context.

For bonus, commission or equity arrangements, identify the separate plan documents and assumptions you were given. Ask whether the proposed review covers them or whether specialist advice is needed. Do not compare offers using a maximum potential payment as if it were guaranteed.

Clarify the output and the response

Ask whether you will receive a discussion, written comments, proposed amendments or assistance communicating with the employer. Flag the response date and agree when the advice will be delivered. An initial enquiry does not extend the employer’s requested timeframe.

If a revised draft arrives, make clear what changed and ask whether another review is needed. Keep the final agreed documents distinct from earlier versions and record any questions still unresolved before deciding.

Compare the offer with the actual role

Use this three-part record to highlight discrepancies without trying to resolve their legal effect yourself.

Practical comparison framework
Topic	What to put side by side	Question
Work location	Draft clause and recruitment correspondence	What commitment is actually proposed?
Remuneration	Base pay and separate incentive terms	What is fixed, conditional or unexplained?
Duties and hours	Role description and proposed conditions	What practical expectations need clarification?

How to use the comparison

A rapid review may be possible only for a defined document set. Tell the adviser about missing schedules so the limits of the advice are clear.

Ask for a short list of points to clarify with the employer and confirm who will communicate them.

Original editorial comparison framework. Examples are hypothetical and do not assess your circumstances.

Build your first-enquiry script →

Your practical checklist

Identify the employer, role and proposed start date.
Explain whether the offer replaces an existing arrangement.
Collect schedules, policies and incentive documents.
List the practical terms that matter to you.
Ask about applicable workplace instruments.
Confirm the review output and handling of revisions.

Open the appointment worksheets for notes you can keep privately.

Frequently asked questions

Is the contract the only source of employment entitlements?

Not necessarily. Ask which legislation, award, agreement or other instrument applies alongside it. The relevant employment system matters.

Should I send the bonus plan too?

Tell the adviser it exists and ask whether reviewing it is included. A reference in the contract may not explain the full arrangement.

Sources and further reading

Fair Work Ombudsman — employment contracts ↗

Source references checked 20 September 2026. Follow the official source for current information and its jurisdictional limits. Our comparison prompts and hypothetical examples are editorial guidance, not statements of law.