Business & Corporate Law
Employment agreements that protect what matters.
Whether you are reviewing a new employment contract, dealing with a restraint of trade clause, responding to an unlawful change to your terms, or negotiating a redundancy package — understanding your legal position before you act can make a significant difference to the outcome. Submit your request and get connected with an employment contracts lawyer today.
⚠ Restraint of trade clauses can be enforced by urgent injunction — and redundancy disputes have strict time limits under the Fair Work Act — submit your request now.
Does This Sound Like You?
Common situations we help with.
You've been offered a job with unusual terms you want reviewed
You've received an employment contract and the terms — particularly around IP ownership, bonus structures, or post-employment restrictions — are unusual or unclear. You want a lawyer to review it and explain what you're agreeing to before you sign.
Signing an executive contract with significant restraint clauses
You're entering a senior role and the contract includes broad restraint of trade clauses — restricting where you can work, who you can work for, or what clients you can contact after you leave. You want to understand the scope and enforceability of those clauses.
Your employer is changing your contract without your agreement
Your employer has unilaterally changed your role, remuneration, reporting lines, or conditions of employment — without your consent and without following the proper process. You want to know whether this is lawful and what your options are.
A redundancy package has been offered below your entitlements
You've been made redundant and the package offered appears to be below the minimum National Employment Standards entitlement, or the selection process was not genuinely based on operational requirements. You want to know what you're entitled to and whether you have grounds to challenge the redundancy.
A post-employment restraint clause is being enforced against you
You have left a job and your former employer is threatening legal action under a restraint of trade clause in your old contract. You want to know whether the clause is enforceable and whether you need to comply or can challenge it.
Your enterprise agreement is in dispute
There is a dispute about the interpretation or application of your enterprise agreement — covering rostering, entitlements, dispute resolution, or whether a proposed change to the agreement has been properly put to a vote. You need legal advice on your rights under the Fair Work Act 2009.
How It Works
Know your rights before you sign — or before you act.
Describe the employment contract issue — whether you need a contract reviewed, want to challenge a redundancy, or are dealing with a restraint clause being enforced. An employment contracts lawyer will assess your position and advise on your options.
Submit Your Employment Agreement RequestSubmit your request
Describe your employment situation — the type of contract, the issue, your role and industry, and any deadlines or notices you've already received.
Matched with an employment lawyer
Your request is reviewed and matched with an employment contracts lawyer experienced in executive agreements, enterprise bargaining, or the specific issue you're facing.
Legal advice and strategy
Your lawyer reviews the contract or situation, explains your rights clearly, and advises on negotiation, challenge, or enforcement strategy.
Know First
Understanding your rights before signing or before responding to a restraint letter can prevent costly mistakes and stronger negotiating leverage
All 8 States
Requests matched to specialist employment contract lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
21 Days
Time limit to lodge an unfair dismissal or general protections application under the Fair Work Act — act promptly
Before You Sign or Respond
Practical questions about employment agreements.
What can and can't a restraint of trade clause do? +
A restraint of trade clause can lawfully restrict a former employee from working for competitors, soliciting the employer's clients, or poaching former colleagues — but only to the extent it protects a legitimate business interest and is no wider than is reasonably necessary to do so. Courts will not enforce restraints that are purely punitive or designed to prevent a person from earning a living. A clause that is too wide in geography, duration, or scope may be struck down entirely — or, in some states like NSW (under the Restraints of Trade Act 1976), read down to an enforceable scope.
What is a "reasonable" restraint of trade in Australia? +
Reasonableness is assessed at the time the contract was entered into, not when enforcement is sought. Factors include the nature of the employee's role (senior employees with genuine client relationships attract broader restraints), the geographic scope (national vs regional vs local), the duration (12 months is typically more defensible than 3 years for most roles), and what the employer is actually seeking to protect. There is no fixed formula — each restraint is assessed on its own terms and in the context of the specific employment relationship.
What is a garden leave clause and how does it work? +
A garden leave clause allows an employer to require an employee to remain away from the workplace during their notice period — typically while still receiving their salary — rather than having them return to work access systems, clients, and confidential information. It protects the employer's interests during the transition and is particularly common in senior executive, financial services, and technology roles. If you are on garden leave, you remain employed and subject to your employment obligations until the notice period ends.
What are my redundancy and retrenchment entitlements under the NES? +
The National Employment Standards (NES) under the Fair Work Act 2009 set minimum redundancy pay entitlements based on years of continuous service — ranging from 4 weeks' pay for 1–2 years' service up to 16 weeks' pay for 10 or more years. Small business employers (fewer than 15 employees) are exempt from redundancy pay obligations. In addition to redundancy pay, you are entitled to notice of termination (or payment in lieu), any accrued but unpaid annual leave, and long service leave if applicable. Your employment contract or enterprise agreement may provide for more than the NES minimum.
What am I entitled to in an executive termination package? +
Executive termination packages typically include: notice pay or payment in lieu (per the contract or NES, whichever is higher); accrued leave entitlements; any contractual bonus or incentive plan payments that have vested or are due on termination; long-term incentive plan treatments; retention of any company car or equipment for the notice period; and an agreed reference. For genuinely high-earning executives, termination benefits over certain thresholds (currently $2.97 million for 2024–25) require shareholder approval. Legal advice is important before accepting or rejecting an executive package.
What is the difference between a Modern Award and an Enterprise Agreement? +
A Modern Award is an industry or occupation-based instrument set by the Fair Work Commission that applies to all employees in that industry unless they are covered by an enterprise agreement or earn above the high income threshold. An Enterprise Agreement (EA) is a collectively bargained agreement between an employer and its employees (or their union) that covers the specific workplace — it must pass the Better Off Overall Test (BOOT) against the applicable Modern Award. Where an EA applies, it overrides the Award for those employees. Both must provide at least the NES minimum entitlements.
Have a question not covered here? Submit your request and an employment lawyer will be in touch.
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