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  1. #1
    Join Date
    Sep 2014
    Posts
    2

    Default Employment contract changes

    Hi all,

    I'm wondering if anyone knows if conditions of employment can be changed without first having a new employment contract drawn up and signed.

    I've recently been told my work hours will be increasing from 38 to 40 hours and annual leave entitlements reduced from 5 weeks to 4 weeks. This is to be in line with other staff at my work as I have been moved to another location. The circumstances of the move are that its a new business that has been acquired by my current employer. I am being integrated into their payroll and am already being remunerated under the new conditions.

    Can this be done before I sign this new contract. Also If I refuse to sign what are the consequences. Can I be fired or would they need to make me redundant with an appropriate payout.

    I am in Queensland if this is relevant.

    Thanks

    Dizzy

    ****

    Dizzy, I'm sorry but I just realised you posted this question earlier and for some reason I didn't see it in the moderation queue.

    I have included it here because it provides more background on your situation.

    HR Buzz Admin
    ------------------------

    Hi All,


    I've been trying to figure out whether or not my employer can make changes to my terms of employment without my consent. I stumbled across this forum but couldn't find exactly what I was after.


    The company I work for has recently acquired another company and I have been moved to this new location. At the moment my contract is based on a 38hour week, 5weeks of leave per year and a 5k "travel allowance" ( negotiated due to a long commute)


    A few months ago my travel allowance stopped being paid. This was because I moved to this new company they purchased which was much closer to my home. I didn't question this as I was happy as my commute time dropped from 3 hours a day to 1 hour a day. Although in my contract there is no qualification that this entitlement is linked to a specific work location.


    In the last week I've also started to be paid based on a 40hour week instead of the normal 38hour week. I only noticed this when I looked at my last pay slip and saw my overtime was less than expected and saw an additional 2 hours of ordinary time recorded. When I queried this I was told I was being moved onto the payroll with all the new company people and they all worked a 40 hours week. I was then told a new contract would be forwarded to me to sign. I haven't yet asked but presumably my leave will be reduced to 4 weeks leave per year in line with other staff.


    What I am wondering is can all these changes be made before I have signed a new contract?


    Also If I don't sign the new one what are the consequences? Can I be fired or would they have to make me redundant.


    I am currently almost at 10 years service so I don't want to jeopardise any long service leave entitlements.


    I am in QLD if that is relevant.


    Cheers


    Dizzy.
    Last edited by admin; 08-09-2014 at 08:12 PM. Reason: updated by Admin to include earlier post

  2. #2
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    456

    Default

    Hi Dizzy,

    I don't believe being in Queensland make any difference.

    Generally speaking, an employer cannot change your employment conditions without you agreeing to those changes.

    Neither can they make you "redundant" unless you are in fact redundant.

    Furthermore, they can't require you (or anyone else) to work 40 hours per week.

    Under the National Employment Standards (NES), the maximum anyone can be required to work on a regular basis is 38 hour per week. See Hours of work - Fair Work Ombudsman

    It sounds like your employer is living in the past!

    Do you have an employment contract that states your original conditions (38 hour week and 5 weeks annual leave) ?

    Moz

  3. #3
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    456

    Default

    Oh, and they can't fire you for not signing a new contract.

    I am assuming your employment contract is for a permanent position (not fixed term or casual).

  4. #4
    Join Date
    Sep 2014
    Posts
    2

    Default

    Thanks Moz

    I do have an existing signed contract with my current conditions.

    Appreciate the help.

    Cheers

    Dizzy

  5. #5
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    456

    Default

    Quote Originally Posted by Dizzystuff View Post
    Thanks Moz

    I do have an existing signed contract with my current conditions.
    It is very likely your original contract would only be able to be varied by agreement between the parties, it may well even say that - most contracts do. In which case they can't just unilaterally change those conditions without your agreement.

    I'm no expert in this area, so I would suggest in the first instance you call the Fair Work Ombudsman. They can certainly confirm the issue regarding the 40 hour week. You are not obliged to tell them who you are or who the employer is. At least that was the case the last time I spoke to them.

    Incidentally, "averaging" is allowed, so you could be required to work 40 hours one week and 36 the next. But my understanding is that it is illegal for an employer to *require* you to work 40 hours every week.

    Unfortunately the FWO won't be able to help with the contract and will tell you to consult a lawyer. A decent law firm will normally have an initial meeting with you without any cost and they will tell you what your rights are. If their involvement goes beyond that then there would normally be costs involved. You should clarify this before a meeting with a lawyer.

    I see the site Admin has added another more details post you made to your original post, in which you mention that you are approaching 10 years service and eligibility for long service leave.

    From what I can see here, under QLD legislation, as of June 2001 you are entitled to pro rata long service leave after 7 years continuous employment. So even if this ends badly and you part company with your employer you will be entitled to be paid out for your long service leave on a pro rata basis.

    "Reading between the lines", it sounds like you don't have a very clear idea what your rights are, so a meeting with a lawyer specialising in employment law may be very worthwhile.

    In the mean time document everything!

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