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Answered in 24 minutes by:
12/10/2012
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Evening
Thank you for your question and I will do my best to provide you with relevant information.
They cannot change your employment without your consent that is correct.
By giving you the contract they are asking you to agree to amending your current contract. If you dont sign the new contract they have 2 options. Continue to honour the existing contract or terminate you.
The following link is the whole of the award
http://www.fwa.gov.au/documents/modern_awards/30Jun10/MA000034_30Jun10.pdf
10.3C is as follows:
10.3 Part-time employment
(a) A part-time employee is an employee who is engaged to work less than an average of 38 ordinary hours per week and whose hours of work are reasonably predictable.
(b) Before commencing part-time employment, the employer and employee will agree in writing the guaranteed minimum number of hours to be worked and the rostering arrangements which will apply to those hours.
(c) The terms of the agreement may be varied by agreement and recorded in writing.
(d) The terms of this award will apply on a pro rata basis to part-time employees on the basis that the ordinary weekly hours for full-time employees are 38
Parts b and c are relevant to your current situation.
It means that unless you both agree in writing to change your hours they cannot change them.
So if you do not sign the agreement they have handed you, they cannot reduce your hours.
If they terminate you because you refuse to sign this is illegal and you can take them to the Fair Work Ombudsman.
I hope this is of assistance. If there is anything I have missed please let me know and I will address it, before you give any feedback.
If I have assisted you, please do not forget to provide me with positive feedback.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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