Jump to content

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


  • Please log in to reply
25 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 Mishu

Posted 13 April 2012 - 06:54 PM

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

#8 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.

#9 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

#10 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

#11 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.

#12 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.

#13 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?

#14 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.

#15 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.


#16 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..

#17 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.

#18 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.


#19 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

#20 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

#21 ChickenNuggets

Posted 13 April 2012 - 10:22 PM

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

#22 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.

#23 Mummy Duck

Posted 13 April 2012 - 10:36 PM

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


#24 Goggie

Posted 13 April 2012 - 10:49 PM

Non compete clauses are in most large companies contracts. They are difficult to enforce but if your skills are highly sought after in the industry then they can pursue it. Found a law link that helps explain it.

http://www.thomsonslawyers.com.au/awms/Upl...pril%202012.pdf

Just saw yr update, I think 1 week would be reasonable, that is what our company has provided before- you might be able to push it out a couple more days but that's about it.

Edited by tauruspregnant!, 13 April 2012 - 10:51 PM.


#25 Pearlberry

Posted 13 April 2012 - 11:13 PM

QUOTE (pickledbrain @ 13/04/2012, 11:34 PM) <{POST_SNAPBACK}>
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.


I would have thought that they would make the contract more attractive overall if this was the case. You wouldn't want to risk him not signing.




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

What you need to know about ovulation tests

Most people who are trying to get pregnant know that the best time to conceive is in the few days after ovulation.

Surviving a miscarriage at sea

A cruise with your family is among the most absurd settings for a miscarriage, but it is certainly not the worst.

Mum of three denied tubal ligation because she's 'too young'

A 22-year-old woman who is pregnant with her third child has had her requests for a tubal ligation denied because doctors believe she is too young.

Slapped cheek syndrome a danger for pregnant women

When a pregnant woman is infected, the likelihood that her foetus will be infected is about 50 per cent.

The signs and symptoms of ovulation

If you're hoping to conceive, one of the most important things you need to know about is ovulation.

We all know 'mum guilt' - but what about 'dad guilt'?

I remember the first time I felt mum guilt, within days of having my first child. The feeling was so intense I rang my own mum to debrief, hoping she'd tell me I wouldn't feel this way very often.

Kristen Bell urges mums to be their own superhero

When it comes to motherhood, actress Kristen Bell is her own superhero and she thinks other mums should be too.

Pram review: GB Pockit travel stroller

In a world of ever-shrinking gadgets, it's no surprise prams are getting smaller. We put the record-holding GB Pockit through its paces.

The beautiful Bombol Bouncer is back

The gorgeous Bombol Bouncer is back - and boasts two chic new colours to boot.

Gadgets and accessories for wine lovers

Looking for a gift for the wine lover in your life - or just something for yourself?

Free ticket offer

Pinky Mckay joins us again at the Essential Baby & Toddler Show presented by Blackmores with her expert baby settling advice. Register now for your free ticket.

The adventure doesn't have to stop: here's how to travel with baby

The best part about our outdoor adventures? It makes my husband and I better parents, since we're happier while adventuring.

Woman crashes car to save mum and baby's life

A good samaritan saved a mother and baby from being seriously injured by crashing her own car into theirs.

Should you tell your boss about your postnatal depression?

Returning to work after having a baby can be daunting, and when you're experiencing postnatal depression or anxiety it can seem even more overwhelming.

TV noise can slow toddler word learning, study finds

Background noise from the radio or TV might be making it harder for your toddler to learn learn new words.

Teresa Palmer on her molar pregnancy and 'unsexy' conception

Teresa Palmer is basking in pregnancy glow as she awaits the arrival of her new baby.

 
Advertisement
 

Top 5 Articles

Advertisement
 
 
 

What's hot on EB

For the festival lover in all of us

Pre-book & Save 50%. Get your tickets now for Kidtopia Festival. 7-9 October 2016 Parramatta Park, Sydney.

Why drinking water can be deadly for babies

H2O is one of the necessities of life, but for babies a seemingly harmless amount of water can be fatal.

5 ways having a baby is different when you have older children

So much parenting advice is geared towards having your first baby, but what's it like having a baby when you already have children?

You can now make your own plush Falkor

Fans of The NeverEnding Story – of which there are certainly plenty – went crazy for these plush Falkors when they first went on sale last year.

Baby steps

10 things that will actually happen after having a baby

I thought I had prepared myself for motherhood. Then my baby girl arrived and knocked everything flat.

Having a baby: expectations vs reality

People love to warn you about what to expect when having a baby, but they can be way off when it comes to the reality.

Are we having fun yet? Thinking positively as a parent

Motherhood is wonderful ... except when it sucks.

The adorable smile of a baby seeing his mum clearly for the first time

There is no doubt seeing their child smile for the first time is an unforgettable moment for parents everywhere.

When breastfeeding doesn't go with the flow

Breast is best, except when it's not. And in our case, it most definitely wasn't.

'If you don't vaccinate your kids you're a bloody idiot'

The photos are heartbreaking and almost too difficult to look at, but Kayley Burke is begging other parents to take notice.

Why pregnant women should eat chocolate

In news that will make expectant mums jump for joy - and reach for a block of Cadbury - scientists have revealed chocolate could provide health benefits during pregnancy.

The baby born with an incredible head of hair

If you're in any way challenged in the follicle department, prepare to feel a jolt of envy - at a two-month-old baby.

The push for Medicare to fund lactation consultants

While meeting with a lactation consultant can make an enormous difference to a new mother, it's not a service that is available through the public health system.

Parents, this is how to cut grapes to avoid choking

One mum has learnt a harrowing lesson about the best way to cut grapes to make it safe for toddlers and little kids to eat.

Three truths about C-section mums

Lately I've been thinking about the caesarean stories and the brave women who birth their children with strength and beauty.

Help! My baby will only sleep in my arms

It's stressful to be the one who is holding your baby most of the day, but it's even more stressful to wonder, 'am I doing something wrong? Or am I creating bad habits?'

 

Free ticket offer

Essential Baby & Toddler Show - Sydney

The Essential Baby & Toddler Show, presented by Blackmores, will be held in Sydney on 23-25 September. Register for your free ticket now to save $20!

 
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.