[Mummy Duck]

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.

[lolz]

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

[Cyaira]

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.

This post has been edited by Cyaira: 13/04/2012, 06:38 PM

[Mummy Duck]

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.

[Frannie]

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.

[Chardonnay Buffa...]

What, as a labourer?

[~maryanne~]

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?

[Mishu]

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

[~maryanne~]

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.

This post has been edited by ~maryanne~: 13/04/2012, 06:59 PM

[Mummy Duck]

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.