NSW Do I tell my foreign employer their employment contract is illegal?

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Kothos

Member
3 January 2020
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I've been offered a job with a foreign company and they've sent me the employment contract to sign.

I've read it and it contravenes Australian employment law in a couple of places. However the contract states that the legal jurisdiction for the contract is the country where the employer is based.

I've done some Internet research and it seems that regardless of where the contract terms jurisdictionally reside, the contract is still governed by the Fair Work Act of Australia, making some of the terms illegal. I will be wholly working in Australia servicing Australian clients. Therefore according to the Fair Work Act, I qualify as an Australian Employee and the employer qualifies as a National Systems Employer.

Do I tell the employer? Or if I'm happy with the contract just go with it anyway?
 

Rod

Lawyer
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27 May 2014
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Why tell the employer? Where is the upside?