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-   -   legal obligations with regard to work contract (https://britishexpats.com/forum/australia-54/legal-obligations-regard-work-contract-754498/)

walshy5050 Apr 11th 2012 2:53 am

legal obligations with regard to work contract
 
Hi everyone,

i was just wondering if any one can give me some imformation.
I was brought over to australia from the uk by one of the big mining companys
as they have a shortage of rail staff. I was offered all sorts of benefits and terms and conditions to move my family over, but now we are here them benefits have changed now to benefit them more, i have everything in writing, ie, my letter of offer and my contract.

What i want to know is are they breaking any rules? many thanks alan

Sue Apr 11th 2012 11:08 am

Re: legal obligations with regard to work contract
 
Hi,

I can't answer your question I'm afraid as I am not in Australia, but hopefully someone will be along soon who has some experience this.

In the meantime I just wanted to welcome you to the forum, if you get stuck on any of the site's bells and whistles please give me a shout.

Pollyana Apr 11th 2012 12:37 pm

Re: legal obligations with regard to work contract
 

Originally Posted by walshy5050 (Post 9999487)
Hi everyone,

i was just wondering if any one can give me some imformation.
I was brought over to australia from the uk by one of the big mining companys
as they have a shortage of rail staff. I was offered all sorts of benefits and terms and conditions to move my family over, but now we are here them benefits have changed now to benefit them more, i have everything in writing, ie, my letter of offer and my contract.

What i want to know is are they breaking any rules? many thanks alan

I doubt they are breaking any immigration rules, its probably more a question of contractural company issues.
I'll move your post to the main Aus forum, we have several posters there working in mining who might be able to help. In the meantime, what visa are you on, and did the company actually sponsor you?

emily23 Apr 11th 2012 1:42 pm

Re: legal obligations with regard to work contract
 
To bring you over on a 457 visa they have to guarantee you a job for 2 years and pay you the same as an Australian employee. Apart from that in terms of visa they don't need to give you anything, if I were you I would talk to HR and let them know you were promised certain things and would like to reap the benefits of your contract. At the end of the day if you don't ask you don't get. if it is in your contract it should be legally binding. If I were you I would consult a third body before discreetly if nothing happens and find what you are entitled to.

Bermudashorts Apr 11th 2012 6:34 pm

Re: legal obligations with regard to work contract
 

Originally Posted by emily23 (Post 10000218)
To bring you over on a 457 visa they have to guarantee you a job for 2 years and pay you the same as an Australian employee. Apart from that in terms of visa they don't need to give you anything, if I were you I would talk to HR and let them know you were promised certain things and would like to reap the benefits of your contract. At the end of the day if you don't ask you don't get. if it is in your contract it should be legally binding. If I were you I would consult a third body before discreetly if nothing happens and find what you are entitled to.

They dont have to guarantee a job for two years gor a 457 visa, the 457 visa can be for one day up to four years but even so it is not a job guarantee.

OP I doubt they are breaking immigration rules, if you are not getting what is in your offer letter talk to HR, remember you have the same employment rights as anyone else.

Micro30 Apr 11th 2012 11:05 pm

Re: legal obligations with regard to work contract
 
Has your contract been signed by both parties?

Is there any reference to awards, agreements or other similar employment conditions documents that may have been adjusted?

Have these benefits changed just for you or for the whole workplace?

Is your workplace unionised? If so, sign up and get some representation pronto.


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