Welcome to Ebra Partners
Employment Contracts
Whether you are an employee reviewing a new offer or an employer drafting agreements for your workforce, speaking with employment contract lawyers early can save stress, money, and future legal action.
Why speak with an Employment Lawyer
A contract shapes every aspect of your employment relationship — including pay, leave entitlements, duties, workplace rules, and termination conditions. Employment contracts must not provide less than the minimum standards set by the National Employment Standards, relevant awards, or enterprise agreements.
Many clients benefit from legal counsel before accepting new roles, moving into senior positions, handling redundancy packages, or addressing contract breaches. Early review prevents misunderstandings, improves clarity, and reduces workplace conflict.
Fixed-term contracts, casual employment, and contractor arrangements require particularly careful attention. Worker classification errors create serious issues regarding pay, tax, entitlements, and obligations that can be costly to resolve later.
What Employment Lawyers Look For
- Unfair or unenforceable contract terms that remove minimum entitlements
- Pay secrecy clauses (legally ineffective for contracts made on or after 7 December 2022)
- Restraint of trade and non-solicitation provisions
- Intellectual property ownership and confidentiality obligations
- Bonus, commission, and incentive payment structures
- Notice periods and termination provisions
- Modern Award and National Employment Standards compliance
Support During Disputes and Termination
Our employment lawyers assist with workplace bullying, discrimination, unfair treatment, adverse action claims, unfair dismissal, and other disputes. Under the Fair Work Act, employees have protected workplace rights — including protection against adverse action for exercising those rights.
Timing matters. Unfair dismissal applications must generally be lodged within 21 days of the dismissal taking effect. Most employees need at least six months of service (12 months for small businesses) to be eligible. Contact us as soon as possible to preserve your options.
Contract Drafting and Compliance for Employers
For a business, a well-drafted employment contract is the primary tool for protecting intellectual property, maintaining confidentiality, and managing the end of the employment relationship without unnecessary conflict. Standard templates often fail to meet the requirements for pay secrecy, fixed-term limits, and modern award alignment.
At Ebra Partners, we assist Victorian employers in drafting bespoke employment contracts and contractor agreements that reflect the specific needs of their industry while ensuring full compliance with the National Employment Standards (NES).
Strategic Advice on Termination and Exit Clauses
Managing the exit of an employee is one of the most significant risks a business faces. We provide strategic advice on drafting termination clauses, notice periods, and redundancy agreements that provide clarity and reduce the likelihood of unfair dismissal or breach of contract claims.
By ensuring your contracts contain enforceable restraint of trade and non-solicitation clauses, we help you protect your legitimate business interests, including client connections and sensitive commercial information, when an employee moves on.
Frequently Asked Questions
Why should I speak with a lawyer before signing or issuing a contract?
Early advice ensures employees don't sign away rights or accept unreasonable restraints, while employers ensure documents are legally enforceable. The Fair Work Act has evolved significantly — particularly regarding fixed-term contracts and pay transparency — making professional review essential.
Can Ebra Partners draft new contracts for my business?
Yes. We assist employers in drafting comprehensive employment agreements, contractor arrangements, and executive contracts with a focus on intellectual property protection and clear termination frameworks.
What are the risks of worker misclassification?
Employee/contractor distinction errors create significant back-pay claims, tax penalties, and employer fines. We help businesses correctly classify their workforce and assist contractors in understanding their entitlements.
Are restraint of trade clauses always enforceable?
In Victoria, restraints must be reasonably necessary to protect legitimate business interests. We draft tailored clauses with higher enforceability likelihood and review existing terms to ensure fair post-employment restrictions.
How do the Pay Secrecy laws affect my existing contracts?
Pay secrecy terms have been legally ineffective since late 2022. Employees have a protected right to discuss their remuneration. We help employers update templates and advise workers on exercising these rights.
Get Your Contract Reviewed Today
Don't sign until you understand what you're agreeing to. Contact Ebra Partners for plain-English contract advice.
Employment Contract FAQs
Why should I speak with a lawyer before signing or issuing a contract?
Early advice ensures that employees don’t sign away rights or accept unreasonable restraints, while employers ensure their documents are legally enforceable. With the Fair Work Act constantly evolving, particularly regarding fixed-term contracts and pay transparency, a professional review ensures that neither party is relying on dead or illegal clauses that could lead to future disputes.
Can Ebra Partners draft new contracts for my business?
Yes, we assist employers in drafting comprehensive employment agreements, contractor arrangements, and executive contracts. We focus on ensuring these documents protect your business’s intellectual property and provide a clear, defensible framework for termination and post-employment restraints.
What are the risks of worker misclassification in contracts?
Getting the distinction between an employee and an independent contractor wrong can lead to significant back-pay claims, tax penalties, and fines for employers. We help businesses correctly classify their workforce and assist contractors in understanding whether they are legally entitled to employee benefits like leave and superannuation.
Are restraint of trade clauses always enforceable?
In Victoria, a restraint must be reasonably necessary to protect a legitimate business interest, such as customer connections or trade secrets. For employers, we draft tailored clauses with a higher likelihood of being upheld; for employees, we review these terms to ensure they do not unfairly prevent you from working in your field after leaving a role.
What issues do employment lawyers look for during a contract review?
We look for high-risk clauses that sit in the fine print, including restraint of trade, intellectual property ownership, and confidentiality obligations. We also verify that pay structures, bonus wording, and notice periods meet or exceed the National Employment Standards (NES) and any relevant Modern Awards or Enterprise Agreements.
Do I need legal advice only if I am a senior executive?
No, legal advice can help employees at many levels, not just executives. A lawyer can assist workers, managers, contractors, and business owners who need advice about a contract, workplace issue, termination, or a dispute with an employer.
Can an employment contract lawyer help if my contract has already been breached?
Yes, if an agreement has been breached, whether through underpayment, a change in duties, or a violation of a non-compete clause, we advise on your rights and the best path forward. This may involve formal negotiations, mediation, or proceedings in the Fair Work Commission.
How do the new Pay Secrecy laws affect my existing contracts?
Since late 2022, pay secrecy terms in Australian contracts are legally ineffective. Employees now have a protected workplace right to discuss (or not discuss) their remuneration. We help employers update their templates to remove these prohibited terms and advise workers on how to exercise these rights without fear of disciplinary action.