NSW Employment Law - What to Do About My Full-time Position and Restructuring?

Hi there,

We are going through a restructure currently and a situation has arisen that affects me. I will outline my background

• I am full time employed in another section
• For 5 years, I have been acting on Higher Duties in another position. This position is a yearly renewable contract
• Should the Higher Duties contract end, I will return to my Full-time position

The work I do will always be there. The restructure has failed to identify the need of a full-time position for this role. I have been acting in the role for 5 years and was acting on good faith and reassurances that my role would be converted to full-time when the restructure came. My role doesn't disappear, it just remains on a contracted basis.

The restructure has come and my situation isn't sorted. Since being employed in this Higher Duties Position, I have had 2 kids and have just started building a house. Now my employer has told me that if I am to continue working in the Higher Duties (yearly contract extensions), I must give up my full-time role and remain on a contract.

So I am left with a choice of returning to my Full-time Position ($17000 a year pay drop), or give up the security of a full-time job and rely on yearly contract extensions.

My contract position has been approved for the next 3 years, but funding is based on yearly models so I cannot get more than 1-year extensions

My HR department and my CIO do not seem to communicate very well with me during this restructure and seem to be ignoring my emails.

I have been represented by my Union who thinks I am being treated poorly based on our enterprise agreement, however, they are at a stalemate with the HR Department and their own interpretations of the agreement.

What should I do under Employment Law? Surely there must be some allegiance and responsibility to people who have been acting in a position for 5 years? I have had to make financial decisions based on the length of time employed on Higher Duties.