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 Crinkle cut

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 Crinkle cut

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?





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users

 

11 things that will happen when you're breastfeeding

After having three children and various degrees of success feeding them all, there's one thing I can tell you: virtually nothing will go as planned.

Surgery for baby born with a tail

A baby born with a tail has had it removed after doctors feared the birth defect might cause long term damage to his lower body.

When 'skin to skin' becomes a family affair

An adorable photo of a little boy and his dad enjoying skin to skin contact with newborn twins is melting hearts everywhere.

35 hilariously weird 'top tips'

Who would have thunk it? We never knew there were so many uses for feminine hygiene products. 

Pregnancy skin woes: acne, dry skin, itchy skin

Here are some of the most common skin complaints in pregnancy and how to tackle them, face on.

Watch this fun dance class for babywearing dads

Is there anything sexier than a babywearing dad?

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.

When your kids have totally different temperaments

Sometimes it has felt like whiplash parenting. She perches watchfully while I vacuum; he tries to climb on and go for a ride.

How do our stress levels influence our baby?

Since having my second baby a number of people have commented on how placid, content and settled he is and, similarly, many have commented on how this is a reflection of how I am with him.

Separation anxiety isn't just for kids

Despite its prevalence, most doctors tend to be reluctant to diagnose adult patients with separation anxiety.

A charm bracelet, a boy, and my beliefs questioned

I was staring at the face of my son, realising that my once steadfast decision to be open minded was quickly unravelling at the seams.

Why I'm so grateful for Hayden Panettiere's PND honesty

There are baby steps and giant leaps forward. But there are steps backwards, too. And, oh, how they can hurt your heart.

The heartbreaking story of little Moko

The mother of 3-year-old Moko Rangitoheriri said she should have picked up on the signs. {Warning: distressing content}

Kate Beckinsale and teen daughter recreate birth photo

Kate Beckinsale has recreated her daughter Lily's birth photo, 17 years after she was born.

The adult-size stroller you'll want to test drive

It's one of the biggest baby related purchases they will make, so it makes sense that parents-to-be get a chance to road test a stroller.

Pregnancy announcement shows the reality of IVF

It's a long way from baby booties or bump shots people have become accustomed to in social media pregnancy announcements.  

Soleil Moon Frye welcomes fourth baby

"Punky Brewster" is a mom again, for the fourth time. Soleil Moon Frye announced the birth of her baby boy, Story, on Instagram Wednesday.

Mum breastfeeds baby found abandoned on the street

A woman has been praised as a "beautiful mother" after breastfeeding a baby which had been abandoned at the side of a street. 

A birth with a difference: the 'natural caesarean'

We've shared stories of gentle caesareans before, but a new video shows a new option called a 'natural caesarean'.

Baby name inspiration by music genre

If you're all about the music, then you'll need a musical name for that baby. We've got all the lists for you by music genre.

Giving effective instructions to toddlers

One of the most common errors made by parents is in how they give instructions to their children.

 
Advertisement
 

Top 5 Articles

Advertisement
 
 
 

What's hot on EB

The babies who are one in 70 million

Bethani Webb was excited to find out she was pregnant, but the first time mum did not realise she was carrying four babies not one.

Cafe offers breastfeeding mums a free cup of tea

A Sydney cafe is offering breastfeeding mums free cups of tea in a bid to show support for the right of women to nurse their babies wherever they choose.

To snip or not to snip? When the decision is not clear cut

Jamie Oliver, who considered a vasectomy, is to be a father again. A fellow dad reflects on his own decision 11 years ago

Doctors stunned by rare twins born almost six weeks apart

To everyone's surprise, Kristen Miller "kept doing better each day", keeping her second baby safe.

Baby book ideas for modern parents

Before my son was born I was given a lovely baby book full of blank pages waiting to be filled with weights and heights and first words.

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.

Mum tells how toddler 'nearly hung himself' in cot mishap

When Alison Johnson put her 18-month-old Caleb down for a nap, she had no reason to believe her son was in any danger.

Babies are still switched at birth? Yes, it can happen

All my panic and tears aside, my biggest question looking back is about the kind of security measures used in the maternity ward.

Doctors slammed for taking selfie with newborn

Everyone who visits a mum in hospital in the days following childbirth wants to get a photo with the new baby.

ergoPouch Twosie Sleepsuit for winter breastfeeding

Finally, there's a way to keep warm while breastfeeding through winter.

Health check: How long does sex 'normally' last?

What to do with this information? My advice would be to try not to think about it during the throes of passion.

When breastfeeding sucks: fixing common problems

From niplash to tight boobs, biting to milk supply issues, Pinky McKay looks at common breastfeeding issues and how to solve them.

10 things I've learnt in my first six months with twins

Six months on we're all still alive, and the more we get to know each other the easier the days become.

Mum's loving kiss leaves baby fighting for life

Kirsty Carrington thought nothing of giving her newborn son a kiss, little did she know it would leave the baby fighting for life.

When doing chores is your new 'me time'

After children, 'me time' looks a little different.

Get going: 14 travel strollers for families on the move

A stroller can make or break travelling with a baby or toddler. Here are 15 great single travel stroller options.

10 ways toddlers are terrific

It always pays to remind yourself of how terrific toddlers can be - they're little like this for such a short time

 

Vintage Toys

The toys of your childhood

Take a trip down memory lane with these vinage and retro toys that you may have had in your childhood or your parent's childhood.

 
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.