VIC Two Employment Contracts - Which One is Applicable?

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a*NG*ie

Member
1 August 2018
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Hi there,

Fairwork Australia can’t help in this matter because when I joined my work. They emailed me a contract. I signed it and took it to work for them to sign. The manager was not there, so I left with one of the colleagues for the manager to sign. I was casual initially hired for 2 days/ week.

The following week I asked him for my employment contract. He said he forgot to bring it. I chased for a copy of my contract for a few times, but I never got it.

After 3 months, I needed the contract to apply for a bank loan. I asked for it. He again said he would bring it the next day. The next day the owner (manager’s mom) says it is lost. She comes in with another contract saying everything is the same except for the terms of termination. The new terms was I was to give them a week’s notice before quitting, previously it was no notice.

I protested because it was not a new contract and the terms should be the same. So either it was that contract or I had to wait at least another day for to get new contract.

I recently quit the job and though my intention was to give a week’s notice period. Stupid me wrote the wrong date.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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The original contract will have precedence if you did not sign the second contract.

If you signed the second contract it has precedence.
 

a*NG*ie

Member
1 August 2018
4
0
1
The original contract will have precedence if you did not sign the second contract.

If you signed the second contract it has precedence.
I already did because there was no other way. I only signed because I had to give a copy to my bank to apply for a loan.
 

Rod

Lawyer
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27 May 2014
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Then you will be bound by the 2nd contract.
 

Adam1user

Well-Known Member
5 January 2018
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Adding to Rod comment's the first one is lost, and signing the second one, it means is will prevail over the first one.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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I still have the first one in my email. It is unsigned.
Unsigned means it is of little value unless you can prove you were forced to sign the second contract.

I was forced to sign it
What was the nature of force used? Saying take it or leave is not forcing you.

Plus according to the award, a casual doesn’t need to give any notice.
Without knowing the award can't comment except to say the award trumps the contract.