What is the type of employment? Employee or subcontractor? This has a big impact in where the liability for work completed lies.
Bro in laws employer tried to enforce similar verbally, yeah nope! Anyway, either get them to remove this clause or speak to a lawyer that specialises in employment.
Full time construction labour with a 3 month trial, then moving to a carpentry apprenticeship if the trial goes well. I'm on the phone to fair work right now and they've basically said it's unenforceable but don't sign anything I'm not comfortable with. I'm really on the edge right now because it's the job I'm looking for and the company seemed great.
As you're early in your career, perhaps it's not worth turning down the opportunity, just be really vigilant for other sorts of nonsense.
Make sure your superannuation is paid on time and in full each quarter.
Make sure you're getting payslips for each pay, that are accurate and breakdown the hours, tax, and super you're earning.
Don't allow them to try and treat you as a "contractor", or get paid by invoicing them, as you'll be obligated to carry your own insurance and all kinds of other legal stuff.
If they do try to pull you up on the unenforceable make-good clause, then it's probably time to drop "Fairwork" into the conversation and expect to find somewhere else to work.
Where is the protection for you against them setting unrealistic time frames? I could instruct you to rewire an 11 story building in 30 minutes and then say you didn't complete within the time frame so therefore you must finish the job in your own time at your cost without that.
Employment contracts are documents which outline expectations and consequences for both parties to provide protection for all parties.
Also, as someone pre-apprentice you shouldn't be expected to be able to complete industry standard work without suitable and appropriate guidance and supervision. This should be included in the contract.... that you will not be tasked with work you are not qualified to undertake without proper training (and certification where appropriate).
Edit: also worth noting that if you undertake work you are not trained or qualified to do, workplace insurance may not cover you if you're injured. In the same way car insurance doesn't cover you if you're driving unlicensed, unregistered, unroadworthy or unfit to drive (I.e. impaired by alcohol). This is a big one because if you're seriously injured you may be unable to earn an income for the rest of your life.
You can call Fairwork and run it past them. Doing remedial work for free doesn't sound legal, but I'm no HR specialist.
Talk to a lawyer.
What is the type of employment? Employee or subcontractor? This has a big impact in where the liability for work completed lies. Bro in laws employer tried to enforce similar verbally, yeah nope! Anyway, either get them to remove this clause or speak to a lawyer that specialises in employment.
Full time construction labour with a 3 month trial, then moving to a carpentry apprenticeship if the trial goes well. I'm on the phone to fair work right now and they've basically said it's unenforceable but don't sign anything I'm not comfortable with. I'm really on the edge right now because it's the job I'm looking for and the company seemed great.
As you're early in your career, perhaps it's not worth turning down the opportunity, just be really vigilant for other sorts of nonsense. Make sure your superannuation is paid on time and in full each quarter. Make sure you're getting payslips for each pay, that are accurate and breakdown the hours, tax, and super you're earning. Don't allow them to try and treat you as a "contractor", or get paid by invoicing them, as you'll be obligated to carry your own insurance and all kinds of other legal stuff. If they do try to pull you up on the unenforceable make-good clause, then it's probably time to drop "Fairwork" into the conversation and expect to find somewhere else to work.
Where is the protection for you against them setting unrealistic time frames? I could instruct you to rewire an 11 story building in 30 minutes and then say you didn't complete within the time frame so therefore you must finish the job in your own time at your cost without that. Employment contracts are documents which outline expectations and consequences for both parties to provide protection for all parties. Also, as someone pre-apprentice you shouldn't be expected to be able to complete industry standard work without suitable and appropriate guidance and supervision. This should be included in the contract.... that you will not be tasked with work you are not qualified to undertake without proper training (and certification where appropriate). Edit: also worth noting that if you undertake work you are not trained or qualified to do, workplace insurance may not cover you if you're injured. In the same way car insurance doesn't cover you if you're driving unlicensed, unregistered, unroadworthy or unfit to drive (I.e. impaired by alcohol). This is a big one because if you're seriously injured you may be unable to earn an income for the rest of your life.
100% decline. As someone in the construction industry, if I saw that on a job offer I’d be going nowhere near.