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

 

How I learnt to relax about routines

After many routine-led, tough years, we've realised that being parenting isn't about being perfect. It isn't about following a schedule to a T.

Should you have a third child or not?

I thought our family had been complete with our two boys. I had no idea how much I needed my daughter until she was here.

Helping a toddler embrace an adopted sibling

A single parent by choice, I am preparing to adopt a second baby from Morocco. And I face a special challenge.

When pregnancy messes with your self-esteem

Pregnancy doesn't make all women feel beautiful. It certainly doesn't raise every woman's self-esteem.

Join us in The BIG nappy change

Introducing the new Coles Little Explorer Nappies! You can confidently rely on Coles Little Explorer nappies at each stage of your child's growth, so take the Big Nappy Change and try new Coles Little Explorer nappies for yourself!

Robbie Williams live tweets wife's labour

And the award for most patient woman in labour goes to ... Robbie Williams' wife, Ayda Field.

Vaccine ignorance is deadly and contagious

In the absence of credible, strong political leadership, paranoia about disease can go viral.

Parenting differently based on birth order

All children have unique personalities, but keeping birth order in mind could help when parenting.

How to get rid of the mum guilt

Motherhood and guilt seem to go hand in hand, but there are ways to focus

Paid parental leave scheme grinds to a halt

The future of Prime Minister Tony Abbott's paid parental leave scheme appears to be up in the air, despite the fact it is due to begin in less than nine months.

The devastation of foetal alcohol spectrum disorders

No one's sure how many Australians are affected by foetal alcohol spectrum disorders, but the consequences for those who are can be devastating.

The pros and cons of finding out the sex of your unborn baby

It’s often one of the biggest choices parents make during the course of their pregnancy; to find out, or not to find out, the sex of their baby before it’s born.

Toddler's awesome dress up month

Two-year-old Willow and her photographer mum, Gina Lee, made October "Dress Up Willow Month". She posted photos of Willow's costumes on her Instagram account, and her creative takes on popular culture are simply adorable.

Childhood around the world

It can be easy to assume our ideas around childhood are universal, but they are particular to where we live, as these practices show.

Best picks for baby and toddler shoes

Here's a great selection of footwear from pre-walker to walker ensuring comfort and style for growing feet.

I lost my wife and daughters to Ebola - then it came for my son

Sunday, September 21, is a day I will never forget.

The 'yucky' illness that took over my life

I have a chronic illness nobody likes to discuss. It involves toilet talk, and probably caused my miscarriage. But it needs to be talked about.

Prenatal testing: the facts

Prenatal testing is done to check if a baby has certain medical conditions before birth. Here is some important information about what the tests are for and the risks involved.

5 things to do with your baby?s old clothes

Did you think your only option for your baby?s old clothes was to pack them away or give them to the Salvos? Think again.

Why it's possible to not realise you're pregnant until the baby arrives

After hearing about 'surprise babies' born to mums who didn't know they were pregnant, it's common to ask "how did she not realise?" But experts say it's entirely possible for it to happen.

'My miracle is finally here'

How has the world continued on its pace when mine has been altered so drastically?

Dairy can help older women fall pregnant: study

Ice cream may be the ultimate comfort food, but a study suggests it could also help older women to have children.

Megan Gale goes topless for 'sexiest people' cover

Six months after a heavily pregnant Megan Gale posed nude for Marie Claire, the glowing new mum has gone topless for the cover of another magazine.

A new perspective on life from living with two diseases

A mother shares her personal story about the difficulty of living with two conditions, one of which stops her from being able to see her daughter's face.

Warning about Children's Panadol dosage

The Therapeutic Goods Administration has issued a safety advisory warning parents about confusion when using the dosing syringe supplied with Children's Panadol.

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

Take 'The Coles Big Nappy Change' Challenge

You could become part of our Test Drive team and win one of 200 packs of Coles Little Explorer Nappies as part of our 5-day challenge.

Win 1 of 5 Canon Powershot D30 cameras

Capture life more easily with the Canon Powershot D30. Shockproof, waterproof and dustproof, you can take it almost anywhere and shoot beautiful images, time after time. Enter now!

16 parenting truths you won't find in the baby books

I am five years into this parenting gig and I’ve learnt that sleepless nights and changing dirty nappies are child’s play.

Best and worst potty party cakes

It's nice to celebrate a child making the shift from nappies to 'big kid' undies, but do we really need a semi-realistic used toilet cake to do it? Here are some of the best and worst cakes parents have used at 'potty parties' around the world.

7 tips for a financially festive Christmas

Plan ahead - and do it now - to ensure festive season expenses don't break the bank.

'Go the F*** to Sleep' author's new book for frustrated parents

A sequel is coming soon to the 2011 hit book 'Go the F*** to Sleep' - and this time, it's about mealtimes.

Great birthday party buys from Etsy

Handmade crafts to decorate and personalise your child's next birthday - from banners to cake decorations, we've got gorgeous party finds from Etsy.

Join us in The BIG nappy change

Introducing the new Coles Little Explorer Nappies! You can confidently rely on Coles Little Explorer nappies at each stage of your child's growth, so take the Big Nappy Change and try new Coles Little Explorer nappies for yourself!

Creative storage ideas for the kids' rooms

Creative and practical storage ideas for the kids' toys and books can also add some stylish decor to your home. Visit babyology.com.au for more stylish modern finds for hip kids & parents.

Weird trend

Couple has five babies in 14 months

Julie and David Grygla weren't sure they'd ever have kids - but their dreams have now well and truly come true.

To the mum in the doctor's waiting room

Maybe the mum I saw in that waiting room, seemingly disconnected from her baby, doesn’t have the support she needs.

10 space-saving nursery ideas

Starting a family doesn't always mean moving into a bigger house - not yet, anyway.

 

What's in a name?

Baby Names

Looking for a classic name, or an unusual name? Our Baby Name Finder is for you, search or browse to refine your shortlist.

 
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.