Employment Agreement Lawyers
Our employment agreement lawyer team drafts, reviews, and enforces employment contracts that protect Sydney business owners’ commercial interests in compliance with the Fair Work Act.
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3000+ Employment Contracts Reviewed
500+ Disputes Resolved Without Litigation
$100M+
Value of Claims Defended
40+ Years Combined Legal Experience
What Is An Employment Agreement Lawyer, And When Do You Need One?
An employment agreement lawyer specialises in drafting, reviewing, and enforcing the contracts that govern the working relationship between a business and its employees. They ensure those agreements are legally sound, commercially protective, and compliant with the Fair Work Act and relevant state regulations.
At Lazarus Legal, we work exclusively with business owners and founders across Sydney to get those agreements right from the start. Whether you are bringing on your first employee or managing a growing team, we assist with different situations including:
You're hiring a senior employee who will access confidential business information
You're onboarding a contractor whose role looks more like an employee
A key team member is resigning and joining a direct competitor
You're parting ways with an underperforming employee and don't want to trigger a claim
A staff member alleges unfair dismissal after a legitimate redundancy
You discover a former employee has taken clients or stolen IP
You're scaling the business and need consistent contracts across the team
You're updating outdated agreements that no longer reflect the role or the law
Why Choose Lazarus Legal's Employment Contract Lawyers
We combine deep commercial law expertise with transparent pricing and on-the-ground knowledge of the NSW regulatory environment, so Sydney business owners get practical, protective advice without the uncertainty of an open-ended bill.
- Commercial Law Expertise. Our advice is grounded in years of experience working exclusively with businesses. We understand what is at stake commercially, not just legally, and we structure employment agreements to protect your interests, your IP, and your ability to operate competitively.
- Fixed Fees for Defined Scope. For projects with a clearly defined scope, we offer fixed-fee arrangements so you know exactly what you are paying before work begins. No surprise invoices, no billing anxiety, just straightforward legal work at an agreed price.
- Local Knowledge, NSW Focus. We are a Sydney-based practice with genuine familiarity with local business conditions and the NSW regulatory environment. From Fair Work compliance to state-specific obligations, we apply the kind of contextual knowledge that only comes from working closely with Sydney businesses day in and day out.
The Employment Contract Provisions We Review
A well-drafted employment contract does more than confirm a start date and salary. Every clause is a potential point of dispute, and the provisions below are where most of the risk sits for business owners.
Remuneration and Classification
What It Should Include: Base salary or hourly rate, superannuation obligations, and the employee’s correct classification under any applicable Modern Award or Enterprise Agreement.
Why It Matters: Misclassification or Award non-compliance can trigger underpayment claims reaching back six years under the Fair Work Act. From 1 January 2025, intentional underpayment is also a criminal offence, not just a civil liability.
Employment Type and Hours
What It Should Include: A clear designation of full-time, part-time, or casual status, along with ordinary hours and any overtime expectations.
Why It Matters: Since August 2024, casual status is assessed on the real nature of the working arrangement, not just the contract label. Eligible casuals can now give written notice to convert to permanent employment, creating entitlement exposure if the clause is poorly drafted.
Duties and Reporting Structure
What It Should Include: A description of the employee’s core responsibilities, reporting lines, and a flexibility clause allowing reasonable adjustment of duties over time.
Why It Matters: Without a flexibility clause, directing an employee to take on adjusted duties can be treated as a unilateral variation of contract. That opens the door to a constructive dismissal claim.
Termination and Notice
What It Should Include: Notice periods that meet or exceed NES minimums, provisions for payment in lieu of notice, and summary dismissal rights for serious misconduct.
Why It Matters: Contractual notice periods below NES minimums are automatically void and the NES minimum applies regardless. Poorly drafted termination clauses are among the most common triggers for unfair dismissal claims.
Confidentiality Obligations
What It Should Include: A clear definition of confidential information, the employee’s obligations during and after employment, and the post-termination duration of those obligations.
Why It Matters: An employee’s common law duty of confidence is limited and difficult to enforce without a contractual clause. A well-drafted provision gives the business a direct remedy if client data or trade secrets are disclosed.
Intellectual Property Assignment
What It Should Include: An express assignment of all IP created in the course of employment to the business, covering software, written materials, processes, and inventions.
Why It Matters: Under the Copyright Act 1968 (Cth), IP ownership depends on whether the work was made pursuant to the employee’s defined duties. Ambiguous duty clauses create genuine ownership disputes, particularly in tech and creative businesses.
Restraint of Trade
What It Should Include: Post-employment restrictions on competing, soliciting clients or staff, and joining direct competitors, using cascading timeframes and geographic limitations.
Why It Matters: Restraints are only enforceable in NSW where they protect a legitimate business interest and are reasonable in scope. Cascading clauses allow a court to enforce the most reasonable combination rather than void the restraint entirely.
How We Handle Employment Contract Disputes
When an employment dispute arises, the difference between a quick resolution and costly litigation often comes down to how fast and how strategically you respond. Here is how we work with you from the moment a dispute surfaces.
Step 1: Contract Review
We start by reviewing the employment agreement and any relevant correspondence to assess what obligations exist, where the breach lies, and what remedies are available to you as the employer.
Step 2: Risk Assessment
Before any action is taken, we give you a clear picture of your legal exposure, whether that is an unfair dismissal claim, a breach of restraint, or a discrimination complaint, so you can make informed decisions rather than reactive ones.
Step 3: Negotiation
Where possible, we resolve disputes before they escalate. We handle direct correspondence with the employee or their representatives, including pre-litigation negotiation and without-prejudice settlement discussions aimed at a fast, cost-effective outcome.
Step 4: Court Representation
Where conciliation or negotiation fails, we represent your interests in Fair Work Commission proceedings, the NSW Civil and Administrative Tribunal, or the relevant court, with a strategy focused on protecting your business and minimising disruption.
Meet Your Employment Contract Lawyers
CEO, Notary Public
Known for his fearless approach to litigation and pragmatic commercial advice, Barry brings decades of hard-won experience to employment contract disputes and enforcement, backing Sydney business owners with the kind of no-nonsense guidance that holds up under pressure.
Director, Principal Solicitor
Before joining Lazarus Legal, Mark served as Legal Director at Monster Energy, overseeing commercial contracts and brand protection across the EMEA region, giving him firsthand insight into the employment, IP, and restraint-of-trade risks that growing businesses face when scaling a team.
Associate Lawyer
With experience as a fund manager and compliance officer, Chen now helps clients with business structuring and corporate matters, bringing advice that is practical and grounded in what makes businesses succeed, making her particularly well-placed to advise founders on employment frameworks that protect commercial interests from day one.
What Businesses Say About Lazarus Legal
“Lazarus Legal recently assisted me with preparing my contract and I couldn’t be more pleased with their service. They were thorough, professional and explained everything in a way that was easy to understand. Communication was prompt and they make sure every detail was handled with care. I highly recommend their services to anyone needing reliable legal support.”
- Your next hire shouldn't be your next liability
Make Sure Your Agreement Protects Your Business
- (02) 8644 6000
- info@lazaruslegal.com.au
- 1/422 Oxford St, Bondi Junction NSW 2022
- 5/133 Wakefield Street Adelaide SA 5000
- 1/14 Fremantle Street Burleigh Heads QLD 4220
Our Employment Agreement Lawyer Team Answers Your Questions
How legally binding is an employment agreement?
An employment agreement is a legally enforceable contract between an employer and an employee, and it is binding whether it is in writing or verbal. That said, no contract can override the minimum entitlements set by the National Employment Standards (NES) under the Fair Work Act 2009, nor any applicable Modern Award or Enterprise Agreement. Any clause that attempts to do so is void to the extent of the inconsistency, and the NES minimum will apply regardless of what the contract says.
What is the biggest risk in an employment contract that most business owners miss?
The most commonly missed risk is Award misclassification: failing to correctly identify which Modern Award, if any, applies to an employee’s role and classifying them under the wrong level or not at all. This creates underpayment liability that can reach back six years under the Fair Work Act, and since 1 January 2025, intentional underpayment carries criminal penalties, not just civil ones. The second most common issue is a confidentiality or IP clause that is too vague to enforce, leaving the business without a remedy when a former employee takes client data or proprietary systems to a competitor.
How much does it cost to review an employment contract in Sydney?
Costs vary depending on the complexity of the role, the seniority of the employee, and the scope of the review required. As a general guide, Sydney employment lawyers typically charge between $1,500 and $5,000 for a contract review with advice, and drafting from scratch tends to start at a similar range.
At Lazarus Legal, we offer fixed-fee pricing so you know the cost upfront. Contract review, advice, and amendments range from $1,500 to $3,000 depending on complexity, and drafting starts at $1,500. Contact us for a quote specific to your situation.
What happens to my restraint clauses if the non-compete law changes?
The proposed ban on non-compete clauses is expected to apply prospectively from 2027 to employment contracts made or varied after the start date. This means restraint clauses in contracts signed before the reform commences should not be automatically invalidated, though transitional details are still being worked out and employers are encouraged to review existing contracts and seek legal advice on ways to adjust or strengthen their positions.
Practically, NSW businesses have an advantage: under the Restraints of Trade Act 1976 (NSW), courts can read down an overly broad restraint rather than void it entirely, which gives well-drafted clauses a better chance of surviving legal challenge. The time to review and strengthen your restraint provisions is now, before the 2027 window closes.
Do I need different contracts for casual, part-time, and full-time employees?
Yes. Each employment type carries a distinct set of legal entitlements and obligations, and a single template used across all three creates compliance gaps and enforcement risk. Full-time and part-time employees have a firm advance commitment to ongoing employment, regular hours, paid leave entitlements, and notice requirements to end the employment.
Casual employees, by contrast, receive a casual loading in lieu of most leave entitlements, and since August 2024, a new definition of casual employee requires that the employment relationship genuinely have no firm advance commitment to ongoing work, assessed by reference to multiple factors including how the contract is performed in practice. Using the wrong contract for the actual nature of the role is one of the most common triggers for underpayment claims and conversion disputes.
Principal Solicitor, Director, Lazarus Legal
Mark Lazarus is a Sydney-based commercial lawyer and Director of Lazarus Legal, with experience spanning private practice, a stint as a NSW barrister, and a former role as Legal Director at Monster Energy covering Europe, the Middle East, and Africa. He works exclusively with business owners and founders on employment agreements, commercial contracts, and dispute resolution, bringing the kind of practical, in-house perspective that most external lawyers lack. Mark's advice is direct, commercially grounded, and built around protecting what his clients have worked to build.
Page Published: 28 September 2025 | Updated: 15 May 2026