NSW Contract Given, Now Company Not Accepting.

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Bond

Member
13 April 2018
1
0
1
Hey guys, just wondering if I can get some advice from people in the know. I might sound slightly vague in this post and that is only because I don't want to be found out.

OK, for the last 5 years I have been a sub contractor for a company which supplies a service to the public and it's members.
Prior to me getting a contract, I needed to set up my own Pty Ltd company, organise all my own gear and get all my licences and insurances in check! The company only supplies me with jobs, and nothing else.

Now, after constant short contract extensions (2 months, 1 month etc), the company decided they will offer new contracts to the sub contractors for 12 month terms. I was invited to a meeting as the company was willing to offer me the new contract.
The old contract was going to expire at the end of March, and the meeting for the new contract was one week prior to the contract ending.
After some discussions, I had asked for some terms to be set out in the new contract and only wanted a 3 month contract. The company agreed on the 3 month contract, although they got back to me a couple of days prior to my old contract ending mentioning they will not accept my terms and gave no reason apart from " we will not negotiate anything " .
Of course this upset me a little as there was no countering or anything of the sort. I was then told I had better sign the contract quickly as the month was going end as was my old contract. I told them I needed to think about it over Easter, and would get back to them in regards to my decision after the break. I was then told that as my contract will expire at the end of March, no jobs will be given out to me in the new month. This is different to the previous time when my contract had expired as I was told there was a 'grace period' and jobs were still handed out to me until the company sorted out it's affairs and gave me an extension.

I decided I will sign the new contract and work the 3 months offered and then perhaps take a long vacation or chose a new career path when that contract expired.
Now, after numerous attempts to speak to the person involved at the company, I was told that he does not want to accept my signed contract. Is this legal? They agree to take me on for 3 months, I make plans, and now they renege on the deal.
I have not been given any work, and they want to me come in and sort out my 'parting'.
Sorry for the very long first post, but I'd like to know if what this company did is legal? I did send an email in regards to contract acceptance and the person responsible only communicated with me by phone. I am sure this was done so a paper trail will not be left.

Thanks for reading and for any advice you may have.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
The Authorities take a dim view of contract employment exploitation of workers, especially after the recent Australia post debacle and a few others.

My advice is to get in touch with the fair work Ombudsman and see what they say?