WA Can Employer Force Non-negotiable Payment Cuts to Employment Contract?

[Yevgeni]

Yevgeni,

Who should I ask to speak to when I call.

Michael,

Myself: Yevgeni

 

[Michael Berry]

Update! I haven't signed the proposed amendment to my contract and my employer has cut my pay and changed my conditions anyway. As far as I know this is a breach of contract. Can anyone confirm?

 

[Serge Gorval]

All posts are related to the same employer. I don't think I am above the high income earner threshold. I have been with this employer for 3 years. I am definitely not on an award as my company has no registered agreements with Fair Work. I started with this company when I entered the Oil and Gas industry. I left as I was underpaid and overworked. I was offered a very good position and returned some years later (should have learned my lesson) only to have everything I came back for taken away.

My only concern is cost of legal advice/action and the fact that the Oil and Gas industry is so slow if I don't agree and I'm made redundant I will lose everything. My employer is using this as leverage to force down salaries as they know finding another job is near impossible at this time. I'm in Perth.

Can I call you on Thursday 23rd?

Enterprise agreements and awards are separate instruments, you may very well ( and probably are, award covered)

It seems that everyone is ready to jump at suggesting constructive dismissal/ breach of general protections, when reading from your posts, keeping your job seems to be of more importance.

Instead of taking FW action, what you may want to consider exploring is a breach of contract and claim for repudiation, whereby the damages would be your back pay for the salary cuts ?

 

[Michael Berry]

Enterprise agreements and awards are separate instruments, you may very well ( and probably are, award covered)

It seems that everyone is ready to jump at suggesting constructive dismissal/ breach of general protections, when reading from your posts, keeping your job seems to be of more importance.

Instead of taking FW action, what you may want to consider exploring is a breach of contract and claim for repudiation, whereby the damages would be your back pay for the salary cuts ?

Thanks Serge,

I am definitely not on an award. I will be meeting with HR tomorrow to find out exactly what type of contract I am on and why they have decided to enforce my contract amendments without my agreement.

 

[Michael Berry]

Update.

I had another meeting with HR and against my wishes, the CFO decided to be present (the CFO signs off on all contracts and decides salary packages even though he has a stake in the company which I see as a conflict of interest).

Anyway. After voicing my concerns about cutting my pay without me agreeing to the contract amendments they stated "you don't have to sign, we will note why you haven't signed but the changes have already been implemented and will not be changed". They also said, "we are saving jobs; without these changes we would have made you redundant".

Without the money to pay a lawyer, how can I stand up to this?