Employment contract review: questions before accepting a role

01 / Practical step

Record the offer as it stands

Write down the employer’s name, role, work location, proposed start date and requested response date. Include messages about pay, flexibility, duties or other promises that matter to you. Mark which points appear in the contract and which appear only in conversation. This helps the adviser identify inconsistencies without asking you to decide whether a verbal statement is enforceable. Keep earlier drafts so changes can be traced.

02 / Practical step

Ask about the wider employment framework

Fair Work Ombudsman guidance explains the relationship between employment contracts and workplace entitlements. Ask the adviser which award, agreement or other framework may be relevant to the role. Do not assume that the written salary or a clause calling a role senior resolves every entitlement question. Supply the actual duties and proposed working arrangements, because a title alone may not explain the work.

03 / Practical step

Choose your priority questions

Select the terms that most affect your decision and explain why. These might concern hours, incentive payments, confidentiality, restraints, intellectual property or ending the employment. Ask what each provision would mean in a realistic situation and which questions need another adviser. Avoid asking for a blanket assurance that the contract is standard. A useful review identifies specific obligations, uncertainty and possible negotiation points.

• Offer, contract and all supplied schedules
• Position description and referenced policies
• Messages recording important proposed arrangements
• Your three most important concerns

04 / Practical step

Distinguish explanation from negotiation

Ask whether the fee covers a meeting, written issues list, marked-up contract or communications with the employer. Find out whether the lawyer will review a revised offer within the same fee. If several entities or overseas work are mentioned, flag that at intake. A narrow initial scope can still be useful if you understand what remains unreviewed and what a later stage would cost.

05 / Practical step

Illustrative example: a flexible-work promise

A candidate receives an email describing regular work from home but a contract referring to work at locations directed by the employer. The candidate asks the adviser to explain the two documents together and whether a clarification should be requested. This is an invented review scenario, not a conclusion about an entitlement to remote work. The key preparation task is providing both versions of the proposed arrangement.

06 / Practical step

Check the final version before committing

After changes are discussed, compare the final document with the version reviewed and tell the adviser about new wording. Ask what advice remains current and whether any unresolved points should be addressed before acceptance. Record who will send the response and by when. If you have already signed, say so immediately; advice about an existing agreement is a different enquiry from a pre-signing review.