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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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Hello, I have accepted a position of Co-ordinator at an Out

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I have accepted a position of Co-ordinator at an Out of School Hours Care centre. On taking up this position I have an "Employee Contract -Casual Employee Outside School Hours Care Child Care Industry Award".

My question is about the last paragraph in this contract which states, "I, Monique Suckling, agree to the terms and conditions of my employment as contained in this letter. I warrant that I have had the opportunity to take legal advice as to the nature, effect and extent of these terms and conditions. I further warrant that I am aware that .....(name of employer)... is relying upon these warranties."

Do I need to see a solicitor about this document before signing.
Monique Suckling
Hello and thank you for your question.

You don't have to take the contract to a lawyer, but you are invited to do so and should do so if you don't understand any of the terms. The clause is usually there to prevent employees arguing that they did not understand the contract and were pressured to sign up without having an opportunity to get advice.

If you otherwise understand the terms of the contract and agree to them, then presumably there is no reason that requires you to see a lawyer, and in practice most employees do not. Of course if you are unsure about the meaning or effect of some aspect of the contract then by all means it is wise to get advice from a lawyer.

I trust the above assists your understanding.

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