What Are My Rights if My Employment Contract Has Unfair Terms?

December 4, 2025    Employment Lawyers
What Are My Rights if My Employment Contract Has Unfair Terms?

While any new employment opportunity is a great thing to sign, you have to make sure the contract you are about to sign is reasonable and within the law. It’s always wise to show your employment contract to an employment contract review lawyer before you sign it to make sure that your rights and obligations are clear. Many employees throughout Western Australia seek the help of employment lawyers Perth in WA when they suspect their conditions of employment are unreasonable or unfair.

 

Whether you have just taken a new job or you are experiencing problems with your present job, it may be essential to be aware of your legal options.

 

What Is an Unfair Term?

An employment term is deemed to be unfair where it causes a gross imbalance in terms of rights and liabilities between an employer and an employee. The following are typical examples of unjust terms used in Australian work contracts:

  • Unreasonable Non-Compete Clauses: Provisions that do not allow you to work in the same line of business for too long after the termination of your employment.
  • Pay Below Legal Minimums: An agreement that provides a salary or wage that is below the minimum salary or wage provided by the Fair Work Commission.
  • Overwork: Contracts that involve working over and above the appointed working hours without proper pay or agreement.
  • Termination Without Cause: This is a clause in the contract where employers have the right to dismiss you without any valid cause or without giving any notice.

If you consider your contract to have any of the given conditions, then you should approach a lawyer to review the employment contract and get an idea of what comes next.

 

The Fair Work Act and Your Protection

The Fair Work Act 2009 provides the basic entitlements and protection of all Australian workers. Even the signed contract cannot deny these rights to employers. In case a clause contradicts the Fair Work Act or NES, it is viewed as something invalid and inapplicable.

 

For instance:

  • You cannot legally consent to work without entitlements to leave, such as sick leave and annual leave.
  • An agreement that restricts your right to file a complaint with the Fair Work Ombudsman is invalid.
  • You are entitled to the appropriate notice or redundancy payment as stipulated in the law.

If your employer insists on enforcing an unfair term, an employment lawyer in Perth can help you challenge it and negotiate better terms.

 

What to Do in Case of Suspected Unfair Terms

If you feel that there are some unfair or unlawful references included in your contract of employment, you can do the following:

  • Check Your Contract: Review the terms once again and point out all that seems ambiguous or discriminatory.
  • Seek Legal Advice: A contract review lawyer will be able to explain complicated legal terms and your rights under the Fair Work Act.
  • Document Communications: You should have written documents of all correspondence between you and your employer, and one of the conditions is that there will be a conflict.

Use of professional advice would make sure that you deal with the issue in a legal and effective way without risking your employment.

 

When it is Time to Hire an Employment Lawyer

In case you are compelled to sign, or even if you are not sure about some terms, it would be better to have a Perth employment lawyer who will help you better understand before making any commitments. Legal professionals would be able to recommend on a clause that violates the law of the workplace, negotiate with you and assist in solving disputes in case they spiral out.

 

The employment disagreements are usually stressful, yet the presence of experienced professionals to support you guarantees that your rights are met.

 

The Significance of Fair Employment Practices

The use of fair employment contracts not only helps in protecting people who are employed but also in the benefit of the employers, as it fosters trust, less turnover, and enhancement of morale in the workplace. The employment relationship becomes more transparent and productive when all parties are aware of their duties and honour the obligation.

 

Such unfair terms may have a drastic effect on the employer, such as legal sanctions, loss of reputation, and litigation in the Fair Work Commission.

 

Final Thoughts

Your working relationship with an employer is based on your contract of employment. Read and sign the contract, but be sure that the terms that are in it are fair and legal, consistent with Australian employment standards. If anything feels uncertain, the safest avenue of approach will be to consult with a qualified employment contract review lawyer in Perth.

 

With the investment of time to consult the experts, you will be in a position to make sound decisions and establish a viable and legally grounded career base in Australia.

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