Before agreeing to an employment contract, check the employer, duties, pay, hours, work location and ending arrangements against the offer you understood. Record unclear terms and ask for a written explanation. An acceptance should follow an informed decision, rather than become the way you discover what the job involves. An employment contract can be verbal or written, so do not assume you are uncommitted merely because nothing has been signed.
This is a practical review process, not a decision about whether a particular clause is enforceable. Restrictive clauses, disputed promises and complex salary arrangements may need independent legal or employment advice.
Establish the documents that apply
Collect the offer, contract, position description and any policies the contract incorporates. Check that the legal employer and role are consistent across them. A trading name, recruitment agency and workplace host may be different organisations; ask which entity employs and pays you.
Fair Work’s contract guidance explains that a contract cannot reduce applicable minimum entitlements under the National Employment Standards, an award or an enterprise agreement. A written contract is not automatically the only source of your conditions.
Ask which award or agreement, if any, covers the role and how the classification was determined. Do not infer coverage from the job title alone. Keep a copy of the relevant instrument and the version you checked.
Use a clause-review worksheet
The following is an original fictional worksheet for an invented administration offer. It demonstrates questions, not model legal terms.
- Employer and role: the offer names one company, while the draft contract names another. Ask which entity will employ the applicant and why the documents differ.
- Pay: the offer describes an annual package. Ask what is base salary, what is superannuation and how additional hours or applicable entitlements are treated.
- Hours and location: the advertisement names one office, while the contract mentions multiple sites. Ask what travel and availability the role actually requires.
- Duties: the position description refers to purchasing support. Ask about approval authority before accepting responsibility for supplier commitments.
- Ending arrangements: note the notice, probation and any fixed end date. Ask about unclear wording rather than assuming probation removes minimum rights.
Add the employer’s answer, the document changed and the date received beside each question. A conversation is useful, but an unresolved contradiction remains a review item.
Separate clarification from negotiation
Clarification asks what a term means or which document is correct. Negotiation asks for a change. Keep both visible so an explanation is not mistaken for an agreed variation.
A fictional message might say: “Could you confirm whether the stated package includes superannuation and send the position description referred to in clause four? Separately, I would like to discuss the proposed start date.” This gives the recipient two clear actions.
Do not rely on an informal promise that a written restriction “never matters”. If a condition is important to your decision, ask for the wording to reflect the actual agreement and seek advice where necessary.
Check the final version
Compare any revised contract with the previous copy. Check that changes appear in every relevant place and that attachments are present. Confirm the response deadline and ask for reasonable time to review if material information arrives late.
Store the version you agree to and the associated correspondence privately. Do not circulate another employer’s confidential offer as a negotiating prop.
Our opportunity-assessment guide helps evaluate the wider role. The contract review has a narrower purpose: establish the terms you are actually being asked to accept and resolve the important questions before relying on them.
