[Mummy Duck]

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

[JRA]

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

[ChickenNuggets]

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

[pickledbrain]

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.

[Mummy Duck]

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

[Goggie]

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.

This post has been edited by tauruspregnant!: 13/04/2012, 10:51 PM

[Pearlberry]

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.

[Mishu]

Non-compete clauses are enforceable in Australia, provided they are appropriately worded. In a very simplistic sense, and without knowing much about the size of the company etc, your husband should not be signing any new contract that contains new/additional provisions such as a post-employment restraints, without appropriate consideration (ie money). Given they are asking him to work unpaid overtime, I doubt that they are offering any consideration for the additional provisions, aside from him retaining his employment (which might be enough in itself, at a stretch).

It sounds dubious and I question whether this contract would stand up under scrutiny, but the fact is that it may never reach that point, anyway.

On the redundancy point, the only way a position can be made redundant when:

An employer either:

decides they no longer want an employee’s job to be done by anyone and terminates their employment (except in cases of ordinary and customary turnover of labour), or
becomes insolvent or bankrupt.

Note: What constitutes ordinary and customary turnover of labour will depend on the relevant circumstances.

Redundancy may happen when:

• the job someone has been doing is replaced due to the employer introducing new technology (i.e. it can be done by a machine)
• business slows down due to lower sales or production
• the business relocates
• a merger or takeover happens
• the business

restructures or reorganises.

Source: http://www.fairwork.gov.au/termination/red...es/default.aspx

I would question the company's ability to 'retrench' your husband on the basis that he did not sign a new contract. Unless they can say there has been a reorganisation of duties.

Can they make him sign? No. But if he doesn't, they may say that they have offered him a suitable alternate role and he declined, therefore they are terminating him and he would not be entitled to any severance payment.

However, having said that, they need to offer him suitable employment. The terms you have mentioned do not, on the face of it, sound suitable. There are many factors here that need to be considered, including the size of the company, how long he has been employed by them, what the specific arrangments/background is. You are not going to get the advice you need on EB or any other website. I'd suggest you contact his union or an employment lawyer. I'm not sure that contacting Fair Work will assist you - they may advise on the processes you need to follow, if you are clear about the action you want to take. If you are not sure about what action to take - you need specialist advice. I'd suggest you talk to someone, pronto.