SA Does Employment Contract Outweigh Registered Agreement with Fair Work Ombudsman?

[Diver]

If a company has a registered work agreement in place with the Fair Word Ombudsman, however, they then issue an employment contract to the employee where the conditions/rate is less than the registered work agreement but more than the NES/minimal award, what ultimately should be adhered to?

Does a work contract outweigh the registered agreement or does the registered agreement outweigh the contract made between employee and employer?

Hope that makes sense.

 

[Rod]

Doesn't quite work the way you are suggesting. Plus the Fair Work Ombudsman doesn't register agreements, agreements are registered with the Fair Work Commission.

The registered agreement will set the minimum conditions for employment regardless of what is in the individual contract. Where the individual contract has superior conditions, then use the condition from the individual contract.

 

[Diver]

Thanks Rod -- we have a lawyer calling tomorrow, but trying to get my head around it. There is a registered agreement with FWC - but they then provided a 1 page contract (without referencing the agreement) that was significantly less.

 

[Rod]

Are you confusing the FWO and FWC? They are different government bodies with different roles.

Not sure how you get a copy of the agreement but the lawyer will need to see it. It may be possible the registered agreement may not apply to the type of work being performed by the individual but reading both the agreement and the 1 page contract should answer that question.

 

[Diver]

Thanks - I was confusing the FWO and FWC and just went back to edit the content. We do have the agreement and the contract and believe it covers the same conditions. The agreement was also issued to the Union, however the employees (most non-union) were being paid based on the contract rate, which was significantly lower than the agreement, hence the concerns. Thanks again. Helpful to have a forum like this in the evenings!

 

[Matthew Lynch]

It depends if you are covered by the agreement. If you are then your conditions cannot be less than the agreement. If you forward me the documents I could take a look.

 

[Rod]

Remember it is not just the conditions to be covered, but also need to look at the scope of the agreement as to what employees are covered.

For example some agreements are based on geography/site and only cover workers at the nominated site/s.

Some agreements might only cover retail staff and not warehouse staff.

 

[Diver]

Really appreciate the offer - we have a lawyer we're working with reviewing them tomorrow - just a bit impatient. Thanks again.

 

[Diver]

Thanks - the scope is broad and states that it relates to anyone employed on a casual basis for the project. The specific positions are then outlined later with applicable rates.