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Have you ever wondered what employment lawyers actually do?
As a business owner, it is vital that you get your legal documentation right – especially when it comes to employment contracts. Ensuring your contracts are robust and compliant is crucial in today’s evolving workplace.
Employment lawyers can be invaluable to your business when it comes to drafting and reviewing employment contracts, keeping them up to date with current legislation and best practice for 2025.
Read on to learn more about how engaging an experienced employment lawyer can safeguard your business.
First, What Are Employment Contracts?
Employment contracts are legally binding agreements between employers and employees that set out the terms and conditions of employment. They form the foundation of the working relationship and help to manage expectations from the start.
Typically, these contracts are in writing and signed by both parties, offering protection in the event that the agreement is breached or circumstances change unexpectedly.
Ensuring that your business’ employment contracts are of an adequate standard is pivotal to your company’s operations and longevity. A legally sound contract not only provides clarity and legal certainty but also protects you from risk and offers a means for recourse if problems arise.
What Is The Role Of An Employment Lawyer?
Employment lawyers help you draft, review and update your employment contracts to ensure they comply with the latest legal requirements and best practices. They are experts at interpreting legislation and can tailor your contracts to align with current Fair Work Australia guidelines.
An employment contract is the agreement between you and your employee, setting out details such as the tasks the employee is required to perform, their salary and benefits, and the recourse available if something goes wrong. In 2025, with continuous updates to employment standards and workplace practices, keeping your contracts current is more important than ever.
It is imperative that these contracts are not only drafted carefully at the outset but also reviewed regularly. Engaging qualified, experienced and knowledgeable employment lawyers can be pivotal to your business’s legal compliance, operational efficiency, and overall success. For further insight into the foundations of legally binding agreements, you might also check out our guide on what makes a contract legally binding.
So, at this point, you’re probably thinking, “Exactly what goes into an employment contract and how can an employment lawyer help me with this?”
Let’s break it down.
7 Key Elements Of An Employment Contract And How An Employment Lawyer Can Help
An employment contract includes many important elements that require careful consideration. Your contracts should be tailored to each employee engagement, covering every basis to ensure clarity and legal protection.
Having an employment lawyer assist with drafting and reviewing your contracts will help ensure they are comprehensive, compliant and custom-fit to your business needs.
Some key elements that must be considered and implemented properly into an employment contract include:
1. Description of Role, Tasks and Duties
A detailed description of the role, tasks and duties that your employee is expected to perform must be clearly outlined. This increases mutual understanding and helps avoid potential disputes over job expectations.
The description should be specific to the obligations the employee will fulfil throughout their tenure, ensuring that duties are reasonable, legal, and appropriate for the role.
When drafting or reviewing an employment contract, an employment lawyer will ensure that all job requirements are clearly stated and reflect the current needs of your business.
2. Salary, Payslips, PAYG Tax and Superannuation
An employment contract should clearly detail the employee’s salary, the issuance of payslips, PAYG tax deductions, and superannuation contributions. In determining salary, it is vital that you consider the National Employment Standards, Modern Awards, the Minimum Wage and any superannuation requirements.
Given the ongoing changes within these frameworks, especially as we progress through 2025, engaging an employment lawyer can help ensure your contracts stay aligned with the latest updates. Regular reviews prevent costly oversights and help maintain compliance.
For more detailed insights on establishing clear salary and benefits structures, our experts explain how to keep your agreements robust and current.
3. Leave Entitlements
Your employment contract should specify all leave entitlements, which will vary depending on whether the employee is permanent or casual. For example, details might differ for full‐time staff versus those classified as casual or part-time employees.
By ensuring these details are clearly recorded, an employment lawyer can help your business avoid disputes and ensure compliance with updated Fair Work guidelines in 2025.
4. Confidentiality
A confidentiality clause is an essential component of most employment contracts. It binds employees to maintain your business’s trade secrets and sensitive information confidential both during and after their employment.
Drafting an effective confidentiality clause can be challenging. An employment lawyer will ensure that the clause is tailored to your business needs and is enforceable. For further guidance on drafting robust confidentiality provisions, please refer to our resource on non-disclosure agreements.
5. Termination Rights and Breach of Contract
Should issues arise, your employment contracts must contain clear termination procedures and breach clauses to protect your business interests. Effective termination and breach of contract clauses provide a clear roadmap for resolving disputes while minimising disruption.
An employment lawyer will ensure these clauses are drafted appropriately, placing your business in the best possible position if a breach occurs or if either party wishes to terminate the agreement. For additional insights into drafting robust termination provisions, check out our article on deed of termination best practices.
6. Work Policies and Procedures
Your company’s policies and procedures should be clearly integrated into your employment contracts. This ensures that all employees are aware of the standards they are required to meet and that they understand the operational guidelines of your business.
An employment lawyer can help draft these clauses and, importantly, update them when your company policies change, keeping your contracts relevant and enforceable.
7. Fair Work Considerations
Fair Work Australia requires that employers provide a range of information to employees upon commencement of employment. For example, employers must supply a copy of the Fair Work Information Statement and, for casual employees, the Casual Employment Information Statement.
By keeping abreast of these requirements and regularly reviewing your contracts, you maintain a compliant and transparent employment framework. An employment lawyer is well-equipped with the most current information and can ensure your obligations under Fair Work-updated for 2025-are fully met.
Staying Ahead in 2025: Evolving Employment Practices
The workplace landscape is continually evolving, with new challenges such as remote work protocols, digital communication norms, and increased focus on employee well‐being shaping modern employment agreements. In 2025, it is essential to regularly update your contracts to reflect these changes. Whether you are implementing flexible work arrangements or adjusting policies to accommodate a distributed workforce, having your contracts reviewed by a legal expert ensures they are both current and effective.
Our Legal Health Check service is designed to help your business proactively manage and update your employment contracts, so you remain compliant with the latest Fair Work amendments and industry standards.
Thinking Of Engaging An Employment Lawyer?
Clearly, engaging an employment lawyer can significantly benefit your business by ensuring you get your legal documentation right. Properly drafted employment contracts not only protect your business but also provide clarity and stability in your working relationships.
At Sprintlaw, our team of experienced lawyers is ready to assist you with drafting or reviewing employment contracts tailored to your business needs. Engaging a Sprintlaw employment lawyer will help you gain greater legal certainty, mitigate risk, and secure the legal recourse you may need in complex situations.
Our up-to-date insights and proactive approach mean that as workplace practices continue to evolve in 2025, your contracts will always reflect the latest legal requirements and best practices.
Have More Questions?
Wrapping your head around employment contracts can be a tricky task, but we’re here to help. Whether you need assistance understanding your obligations or require a comprehensive review of your current agreements, our friendly team is on hand to support you.
Reach out to our team for a free, no-obligations chat at team@sprintlaw.com.au or 1800 730 61. Let us help you secure your business’s future with contracts that stand up to the challenges of 2025.
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