Jump to content

Employment contract - can they really make him to agree to this?


  • Please log in to reply
27 replies to this topic

#1 Mummy Duck

Posted 13 April 2012 - 06:29 PM

Dh work has given him a new contract and said sign it OR you will be made redundant. The contract has some rather odd clauses like

* He cant work in the same industry for 12 months. Dh is a labourer???? his workplace has provided him no additional training in his time with them.  What else is he supposed to do?

* He has been with them for 5 years and the new contract says that he would be on probation for 3 months? His job has not changed with the new contract. Can they do that each year?

* They want him to agree to extra unpaid overtime to cover shifts for other staff that dont finish work or are sick. He is fine to do extra to finish his duties but they want him to do extra work rather than pay overtime for other staff. That cant be right?

* Can they actually say sign or you will be redundant would the position be redundant or not?

Thanks for any help.

#2 lolz

Posted 13 April 2012 - 06:32 PM

I'd be getting Fair Work Australia on the phone right now. I'm no expert but none of that sounds right to me.


Good luck  sad.gif

#3 Cyaira

Posted 13 April 2012 - 06:37 PM

IIRC if things are below award/illegal and the contract isn't negotiated (to be equivalent or better than the award) he doesn't have to do these things or something. But I'd double check with fair work australia.

I'd recommend he takes the redundancy and moves on, what a crap employer. Also I think they can restrict where you work after your period of employment if it was part of his original contract but as he's a labourer I'm not sure if it counts.

Edited by Cyaira, 13 April 2012 - 06:38 PM.


#4 Mummy Duck

Posted 13 April 2012 - 06:42 PM

Getting another job is not an option we would like to explore as the industry is very small. Dh is highly skilled in this industry. Positions would be few if at all.

#5 Frannie

Posted 13 April 2012 - 06:51 PM

If you're unhappy with the terms of a contract presented to you, then you negotiate. I would get advice from Fair Work Australia, a Company cannot force someone to sign a contract under duress, which is what they're claiming with "Sign it or nick off". I draft and negotiate contracts daily, (albeit from a Govt Dept perspective not private industry) and advise him to not sign anything until he understands the clauses and the repercussions if he breaks them.

If he has a union, whether he is a member or not, get him to contact them.

Contracts are not set in stone, until executed. He can request a negotiation on T's and C's, and he is well within his rights to question those clauses, as they sound very restrictive, and may have an impact on any future earnings.

Good luck.

#6 Chardonnay Buffay

Posted 13 April 2012 - 06:52 PM

What, as a labourer?

#7 Futhermore

Posted 13 April 2012 - 06:53 PM

A highly skilled labourer? Maybe it's time for him to use his skills to move up a peg? Or as a bargaining point to negotiat on the contract in his current position?

#8 Mishu

Posted 13 April 2012 - 06:54 PM

What is his employment status at the moment? Is a permanent employee? A temp? A contractor?

#9 Futhermore

Posted 13 April 2012 - 06:56 PM

QUOTE
What, as a labourer?


Labourers can be highly skilled - my partner is employed as a labourer but is skilled in his industry.  He could be employed at a higher level, as could most of the 'labourers'' he works with.  It's just a job title that comes with lower pay and less responsibility.  You take what you can get.

Edited by ~maryanne~, 13 April 2012 - 06:59 PM.


#10 Mummy Duck

Posted 13 April 2012 - 07:00 PM

He is permanent full time as a factory manager.

The industry is very specialised and most of the training is on the job. Dh has worked in this field for 25 years and can not only do the job but fix the machines and more.

#11 JRA

Posted 13 April 2012 - 07:12 PM

QUOTE
He is permanent full time as a factory manager.

The industry is very specialised and most of the training is on the job. Dh has worked in this field for 25 years and can not only do the job but fix the machines and more.


Um, why did you say he was a labourer. That is generally very different to a factory manager,

There has been various cases over time regarding restraint of trade I think, when it comes to contracts and not being employed elsewhere. Most I know of have been "you can't work for a customer/competitor" type thing, and it is an interesting/complex law.

As has been said, speak to fair work australia.

Also some labor laws/fair work things in the past have not been available to higher paid workers, I don't know if that is still the case

#12 MaxandMe

Posted 13 April 2012 - 07:20 PM

They cant say sign or you will be redundant - for many reasons.

What can or can't go in the contract will depend on whether he is covered by an award or enterprise agreement - if he is, nothing can go in (well its not enforceable) that is less beneficial than the award or enterprise agreement.

The probation period would have no effect - you can apply for unfair dismissal once you have completed 6 months continuous employment with an employer regardless of what the contract says about probation.

like the other guys said, go to fwa.gov.au or fwo.gov.au and have a chat to someone. alternatively call the relevant union.

hth

#13 Mummy Duck

Posted 13 April 2012 - 07:29 PM

QUOTE (JRA @ 13/04/2012, 07:12 PM) <{POST_SNAPBACK}>
Um, why did you say he was a labourer. That is generally very different to a factory manager,

He does some management as far as delegating other staff but mostly performs physical work. Sorry I thought that would be considered a labourer.

#14 Mummy Duck

Posted 13 April 2012 - 07:32 PM

Fair work aust said they cant do anything with regard to contract negotiations only helping after a contract is signed. We are going to go the the workplace rights ombudsman and also see a lawyer.

#15 Stoked

Posted 13 April 2012 - 07:36 PM

QUOTE (JRA @ 13/04/2012, 07:12 PM) <{POST_SNAPBACK}>
There has been various cases over time regarding restraint of trade I think, when it comes to contracts and not being employed elsewhere. Most I know of have been "you can't work for a customer/competitor" type thing, and it is an interesting/complex law.

I thought non-compete clauses in Australia were not enforceable anyway?

#16 MaxandMe

Posted 13 April 2012 - 07:37 PM

they cant help you negotiate a contract, but they should have been able to give you advice on the redundancy award/agreement coverage/ probation period issues and explained to you how contracts work etc. seems a bit odd, but always a good option to see a lawyer, if you can afford one.

#17 JustBeige

Posted 13 April 2012 - 07:51 PM

Has his company recently been taken over OP?  or bought out or had some change of ownership?   that is the only reason that I can think of that they would make him go through his probation again.  or he had a change of position

Edited by JustBeige, 13 April 2012 - 07:53 PM.


#18 Goggie

Posted 13 April 2012 - 07:54 PM

Is the company changing hands OP? Sometimes if a company is being sold the new owners can offer new terms and conditions...it's hard to do and they need to he able to demonstrate it's a comparable offer but it can be done.
Some of the clauses sound a bit off though..
And to the PP, non compete clauses can be enforced here, there was a recent decision where a consulting professional took a role with a competitor and his original company sued, it was ruled that he was unable to consult in his industry for 2 years..

#19 Mummy Duck

Posted 13 April 2012 - 08:15 PM

No the company has not changed hands. The company was taken over about 4 years ago and they gave him the contract he is currently on. Its taken this long for them to review his contract.

#20 Goggie

Posted 13 April 2012 - 08:30 PM

I'd get legal or union advice tbh. In reference to your specific questions, once you are employed with a business you only need to go through probation once, regardless of a change in job. Probation is linked to continuous service overall rather than service in the one role as such.
Regarding the overtime, in management roles not covered by awards,you can often find clauses regarding reasonable additional hours or unpaid overtime, it's very common! Up to your DH to negotiate what is reasonable to all parties.
On the redundancy threat, the role is either redundant or it's not. A new contract should have no bearing on that so this is the one condition I'd be most concerned about. Seek professional advice on this one.
Good luck!

Edited by tauruspregnant!, 13 April 2012 - 08:30 PM.


#21 Mummy Duck

Posted 13 April 2012 - 10:19 PM

Thanks all it dosnt help that Im about to give birth to our 4th child in a few months.  sad.gif

#22 JRA

Posted 13 April 2012 - 10:21 PM

QUOTE
I thought non-compete clauses in Australia were not enforceable anyway?


That was my thoughts, but it is a few years.

But it doesn't stop people trying to put it in there

#23 ChickenNuggets

Posted 13 April 2012 - 10:22 PM

Oh crap MD... I was wondering what was going on. Wish I could help sad.gif

#24 pickledbrain

Posted 13 April 2012 - 10:34 PM

It has been a while, but I think they can make him redundant as the work hours / rates etc. have changed significantly enough.  I was in a similar position and it was either sign (hours increased and added in weekend work) or I was to be made redundant as the current role (with the current conditions) didn't exist anymore.  I took the redundancy.

I wonder with the non compete claus if they know something that you don't yet - a new place opening up which would need DH's skills or his skills will transfer across to another place easily so are trying to con him into staying with the one company.

Get expert advice on the contract and make sure he takes his time in signing it.

#25 Mummy Duck

Posted 13 April 2012 - 10:36 PM

How long can you take to research it before signing it?





2 user(s) are reading this topic

0 members, 2 guests, 0 anonymous users

 

Special offer: The Baby & Toddler Show 2014

At The Baby & Toddler Show, you?ll find everything you need to get ready for your new arrival and guide you through the early weeks and years of parenting.

An open letter to Tony Abbott: please salvage our super

We face financial ruin, but most of us don?t realise it. If we don?t act together to salvage our superannuation, I have no doubt the new GFC will be the Girls? Financial Crisis.

'I'm happy to know I'm changing lives': surrogate mum of two

I know that once the baby is born, I will focus on the gift I have given, and watch the parents with their new child. I can't wait for that day.

Birth trauma and the issue of informed consent

There is a perception that women should just be happy they have a healthy baby in their arms. But for women who experienced birth trauma, there's a lot more to it.

Tips for managing pollen allergies and hayfever

They're simple tips, but they can have a big impact on those who suffer from hayfever and pollen allergies.

Ada Nicodemou shares tribute to her stillborn baby

Just over one month since Ada Nicodemou and her husband lost their second son, the Home and Away star has shared a touching poem for her baby.

Mum causes stir breastfeeding on train

?To the woman breastfeeding her kid on the train. Seriously! On the train?" began the letter of complaint.

10 things they don?t tell you about being pregnant

As I slowly waddle my ever-changing pregnant body towards the finishing line of my due date, it?s becoming increasingly clear there are a lot of things they just don?t tell you about pregnancy.

Overcoming a fear of the dark

A toddler's fear of the dark is very normal, but there are ways parents can help children through this stage in their development.

Kids, TV and movies: how young is too young?

It seems you don't have to throw the TV and iPad out the window - it all boils down to moderation, supervision and interaction.

Video: Baby's first birthday is a special day for mum, too

?A baby?s first birthday is also mum?s first birthday.?

The day Supernanny came to tea

Prince William's favourite celebrity child trainer Jo Frost puts Bryony Gordon and her toddler through their paces.

Tales from the homefront

When you're at work you sort of assume that your house is basically just sitting there quietly doing nothing until you return. However, since spending my days at home, I've learned this couldn't be further from the truth.

The words I hated hearing as new mum

It was less than a week after my son was born that I first heard it - from my mother.

To the pharmacist who sold me baby formula

On the rare occasion I catch sight of you at school, or around town, I think back to our earliest exchange. I?m sure you have no recollection of it at all.

Babies may benefit from autism therapy

Children showing signs of autism don't usually receive early intervention until well into toddlerhood or later, but a new study suggests infants with symptoms of the developmental disorder might benefit from therapy from as early as six months.

Knatalye and Adeline born with an everlasting bond

Knatalye Hope and Adeline Faith are a lot like any other identical twin girls, but there is one dramatic difference: they're joined at the chest and shares several internal organs.

The question this dad wishes he'd asked his wife

I should have seen that my wife wasn't the same person I'd fallen in love with, but we were both too focused on simply trying to get by.

Why we should talk about the deaths of the Hunt children

The deaths are too horrible even to think about. Yet we owe it to the children - Fletcher, Mia and Phoebe Hunt - to think long and hard about it all.

Baby dies of meningococcal weeks after vaccine application denied

A six-month-old girl has died from meningococcal disease just weeks after an application for government funding of a vaccine for the most deadly strain of the virus was rejected.

Finding the right balance when playing with your kids

Being too involved in our children?s play and not allowing our kids enough free time for unstructured activities can mean our kids miss out on the value that play offers.

Creative DIY light shades

The Pop Light light shade comes in a flat pack already made - it's up to you to design it as you'd like.

The battle of iParenting versus imagination

Have we forgotten how to be imaginative, resourceful parents?

Why movement is so important for your baby's growth

Letting your child move as much as possible in the early years ? using all senses, engaging in the real world, preferably outside ? will help them grow up healthier, smarter, calmer and stronger.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Special offer: The Baby & Toddler Show 2014

At The Baby & Toddler Show, you?ll find everything you need to get ready for your new arrival and guide you through the early weeks and years of parenting.

Losing yourself to motherhood

While watching your baby grow into a unique little person is exciting and wondrous, the intensity of meeting everyone else?s needs can ever so sneakily overtake your own needs for self-care.

Tearing during delivery: the facts

Almost all women will experience bruising, grazing or tearing after a vaginal birth. Depending on the degree of tearing, there are various treatments available.

6 tips for a day out with a baby and toddler

Outings can be lots of fun with the kids, but there are inevitable challenges. Here's some information about days out to help you be a little more prepared.

Why I invited a dozen people to watch my son's birth

I sent invitations on burgundy scrapbooking paper stamped with a field of poppies, and told each person why I wanted him or her there. I warned that there would be nudity.

Getting labour started: tips for a natural induction

When your baby?s due date comes and goes without so much as a pop - let alone a bang - it can be disheartening. Mums and a doula share their stories of natural inductions.

7 mistakes old hands make with new babies

As I sat across the table from my friend ? me, a seasoned mother of three; her, a brand new mum ? I thought of all the mistakes an old-hand parent can make when visiting a newborn baby.

That's my boy: a dad's diary of the first 4 months

Unbearable anxiety, unspeakable joy, constant exhaustion and bouts of frustration ... The many shocks of first-time fatherhood resound in a dad's diary of his son's early months.

One of the most important things a new mum can do

Finances may not be as cute as a newborn, but with many women?s working arrangements changing post-baby, monetary matters need attention too.

6 things I didn't expect as a parent

From weird smells to dangerous opinions, painful body parts to numbness, here are a few things new mums and dads can expect.

Personalised baby gifts

We've scoured the internet to find gorgeous personalised keepsakes and nursery decor to record baby name and dates. They make great gifts for christenings, name days and birthdays! (All prices in AU.)

 

Reader offer

2 FOR 1 TICKET OFFER

For Shopping, For Advice, For Baby & You. Enjoy a special day out with fabulous shopping from over 200 brands, leading parenting experts offering advice on a range of topics, and amazing children?s entertainment

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.