Dansi

minimum employment period or probation is 6 months.... Although in my oppinion ther eis no specified differences to normal working criteria...

i see what you're saying AJ... the 'anticipate' comment is no longer relevant as that was included in schedule B, which I have just read is only referred to for permanent part time employees NOT me. I am putting feelers out for another sponsor, in which case the above problem will be used to evade repayment of cocts incurred. Thanks for your input its good to get a balance.

Right after all of your wonderful responses I have been through every inch of the contract again and have the following to say; The Contract consists of five seperate elements; The Letter of Appointmen (LOA)t, Standard Terms of Employment (STE),Individual Flexibility Arrangement (IFA), schedule A (Job Description) and schedule B (Roster, only referred to in the contract with relation to permanent part time employment). figure 1.2 of the IFA states 'If there is a conflict between the terms contained in this IFA and the STE, the terms of the IFA will prevail. Figure 1.5 of STE states that employment is based on mutual trust and confidence. Surely the emails come under mutual trust? In that what they sated was correct (However this may be redundant due to the following) PAY RATES 3. remuneration Hourly rate of pay/annual salary 3.1. Your gross hourly rate will be dependant on the relevant work site location, your work cycle consists of 20 days - the company anticipates this 20 day cycle to consist of 10 days working in toowoomba (home base) and 10 days working on site, primarily at gladstone. Your hourly wage will be $**.** (exclusive of super) an hour, while working from the company's home base. While work conducted at our project partners location will be paid according to the EBA (exclusive of super). You acknowledge and agree that your hourly rate includes all payment for the following; a. overtime rates b. applicable allowances. In email from HR I was informed that EBA is $**.** so there should be no difference between sites working away, as the IFA states that away is away and I am to be awarded the EBA when away. Working hours this is extracted from the IFA; 3.5 Notwithstanding the hours of work, employees shall work standard working hours of 10 hours per day, monday to Sunday inclusive - totalling 70 hours per week. Working hours consists of ordinary hours and regular scheduled overtime. An employee may work reasonable additional overtime as offered by the company and accepted by the employee and paid in accordance with the agreement. The company will determine the actual method of working hours which best suits the operational requirements. OK I read this as they can determine where the 70 hours a week are spent, but NOT make alterations to the hours. 3.6 Each project cycle/home and away cycle shall be of 28 days duration consisting of; a. 20 days work cycle at the relevant work site location. PLUS b. eight days rest and recreation cycle, away from the relevant work site location and includes all travel time, as is industry standard. 3.7 Each work cycle shall consist of 20 days work cycle at the relevant work site location working the working hours (as per clause 3.7) (I think this should be clause 3.5) and/or additional overtime as offered by the company and accepted by the employee Variations to project cycle/home and away cycle 3.9 The company may request any employee to change their scheduled R + R cycle to suit the operational requirement of the company here follows some info on varying the r + r cycle the final line of the work cycle section reads; If the work cycle is varied by agreement the above provisions shall be varied accordingly to match the work cycle agreed. From all of this it is my understanding that I should be working 70 hour weeks, unless agreement is made to alter this. Sorry for going on guys, but I'm using you all as a sounding board to practice my argument for when I go into further meetings above and beyond my managers head. I don't really want to get legal involved at this point.Although I will be trying to get some advice without them being involved but again I would like to be secure in the argument I am putting forward for that too, as the longer it takes me to get my point across, the more it will cost hehe. regards Simon

I hope so too hehe, i am going to try and gather some legal advise from a local employment law specialist. My manager pointed out the company anticipates lines during a meeting the other day, however it is still my understanding that the query and the response emails suggest that this will definately be the work cycle and moneys received.

Again I agree completely, I am one for a quiet life and will normally put up with most things and try and make up for it in other ways.... However, all of my plans involved working for the first two months to accrue the money to bring my partner and younger daughter over, as we didn't have sufficient funds to bring us all out AND set up home etc once here. i am now in a situation where my family cannot be together because the income was not there.....

The only bit not altered in the contract was the increased rate whilst away as the EBA had not been finalised at the time, but the contract reads as follows; 'Your gross hourly rate will be dependant on the relevant work site location, your work cycle consists of twenty (20) days - the company anticipates this twenty (20) day work cycle to consist of ten (10) days working in toowoomba (home base) and ten (10) days working on site, primarily at gladstone. Your hourly wage will be $**.** (exclusive of super) an hour, while working from the company's home base, while work conducted at our project partners location will be paid according to the EBA (exclusive of super).' The email clarification of this was as follows; Your base will be in toowoomba @ £**.** per hour for a 40 hour week as per fair work australia who are the regulating body for the awards system here in australia this normal rate of pay is around $**.** per hour. For the time that you are away working in gladstone the rate of pay will be $**.** per hour for 40 hours per week. Over and above these 40 hours worked you will be paid overtime at the appropriate rate.' As explained the hourly rate for working away, primarily in gladstone has not been as suggested in the email, but reverts back to the hourly rate for Toowoomba when working for all other clients in Gladstone (there are about 12 in total) but one.

I agree and if this was a job back in the uk, and I hadn't moved halfway across the world on the strength of the offer I wouldn't be questioning the issue or would be looking for other work. The problem is that they stated a higher rate for all time worked away, which as it turns out is only awarded when working for ONE client out of many when away. They also suggested that the working hours were already in place and would only change if there was a change in demand. The company has grown significantly in the past 6 months, and I am not the only person in this situation. All were informed that it would be a working pattern of 10 in toowoomba, 10 away, and 8 off. The income from this role came from working the 32 hours overtime beyond the 38 normal hours. Surely they should not be employing people under that understanding if there is any chance that it may not be the case. The contract was changed due to my enquiries and came back to me as follows; 'Scheduled twenty-eight (28) day work cycle roster will consist of the following - however please note this will be determined on what best suits the Companies operational requirements at the time. Notwithstanding the Hours of Work, employees shall work standard Working hours of Ten (10) hours per day, Monday to Sunday inclusive - totalling seventy (70) hours per week. Each home and away cycle shall be of twenty-eight (28) days duration consisting of: a) twenty days work cycle at the relevant work site location - the company anticipates this twenty (20) day work cycle to consist of ten (10) days working in toowoomba (home base) and ten (10) days working on site, primarily at gladstone. b) eight (8) days rest and recreation (R&R) cycle, away from the relevant work site.' Now i understand that in the first paragraph it says about suiting the operational requirements, but the contract and emails implied that the work cycle was in place and was currently the norm, This is not the case, there has as yet been no such cycle.... I'm also now tied in to working for this employer as if I leave I will have to refund costs of visa, but this employment as it currently stands has left me with an income BELOW what is necessary to maintain a family life. Its so frustrating. Simon

employee...

Hi Guys, Sorry I haven't been on here for a while, I've been very busy trying to get settled and sorting out a dispute with my employer. it is for this reason that I turn to the never ending knowledge of PIO.... As you may know I started looking at getting a job and 457 Visa at the end of 2011, I underwent many interviews and took all offers under serious consideration, carrying out financial assessments on all the areas that I had job offers in, and made a list of what I could afford to live on in the different locations. I turned down a few jobs on this basis and my partner and I agreed on the level of income we needed above the normal outgoings. I had an offer from my employer in Toowoomba that looked borderline on the financial side, and I awaited the lettor of offer to try and get the ins and outs and finer details of thepackage. The letter of offer was a little long winded and confusing and appeared to contradict itself in a few places, so I emailed and asked for clarification on the matter of roster and income. several emails went back and forth, until I got a definitive answer of a roster as follows; 'Simon will be working the following roster - 10 x 10 hour days in Toowoomba where the remuneration will be $** per hour, followed by 10 x 10 hour days off site (Primarily Gladstone) where the remuneration will be $** per hour, this is followed by 8 days off unpaid'. This was all good, and I was happy with the income, so signed and returned the Contract and IFA agreement. The income was good due to the 32 hours a week above and beyond the 38 hour threshold. Upon getting here, I have found out that not only is there not enough work to be able to work the 10,10,8 roster, but the figure mentioned for off site is only true when working for one of many clients, the remainder of the time the remuneration reverts back to the same amount as being in Toowoomba. I have discussed this with HR who arranged a meeting with my manager in their presence. My Managers response to my case for not being able to earn the income that enticed me from the UK to Australia was 'Well you signed the contract' and then picked out the bits of the contract that had caused my initial confusion and caused me to ask for clarification. Now, it is my understanding that the emails that went back and forth asking for clarification on the contract are also legally binding, am i right in my thinking? My next step is to ask HR to arrange a meeting with the owner of the company who is also the person named in the contract and the person whom HR was acting for when I queried the contract by email. I will plead my case there, but if there is no luck I am going to have to take this further. Not working the Rostered 10, 10, 8 has an impact of $25,000 per annum, if you also factor in the higher rate quoted for off site, I am currently $40,000 per annum short of what was laid out in the explanatory emails in response to my contract query. Guys any advise would be greatly appreciated. I would like to come to some sort of resolution without making too many waves in the workplace, as I have to continue working here once all is settled (if it can be). I would just like to go into a meeting with my main employer with the right info. Looking forward to some good advise Regards all Simon

I agree with the Hoff on this one. If your eldest is dependant on you, and hasn't been self sufficient in the past year (I think) he can be included as a dependant on your Visa. This also means that no matter what they do out here in Oz, if and when you apply for PR, they are included in that application. As for timeline, each individual has the period of the visa to validate. E.g, I am on a four year 457, with four dependants on this visa. Each of them can enter Australia at different times as long as it is within the period of the visa. I have heard of some needing to be validated within the first year though. regards Simon

I have just done it, and came out with a glass 3/4 full attitude (always a little more positive than most hehe), Like has already been said, if you come out with doubts then maybe it isn't for you. Do your research thoroughly. I'm a mechanic, and its a trade that is in high demand all over Australia, my OH is a care assistant who wishes to train further into her nursing career, which is also a career path in demand (albeit a little debated here in QLD at the moment). You are an IT engineer, and (I haven't looked any further into this than what I hear btw) this is a career path that seems to be facing redundancies at the moment, so what seems to be a worthwhile choice for me, may cause you heartache. Please do your research thoroughly. All my research and what little I have experienced here so far seems to be pointing towards my family having a better life and future. We have just secured a nicer house in a nicer area with nicer schools. And we will have greater disposable income to enjoy family time. But this is not the case for everyone. Please, please do your research thoroughly. Oh and have I mentioned, do your research thoroughly. This forum is an amazing source of info, but you will get good and bad info on any forum. Look into how available jobs are for you right now, speak to some agents, or some other IT engineers that have done it. Look into costs in the area of australia you are targeting; I turned down several offers before accepting the one I am in, all due to cost of housing and school availability. After all is said and done, this seems to me a great country with happy helpful people everywhere, but I have only seen a tiny bit of it. All the best. Simon

Not as far as I know but I will have more info in the next couple of weeks. Keep an eye on this thread. Cheers Simon

Well it seems all the positive posts on this thread bear the most truth about Toowoomba. I have been here a little under two weeks now and already feel at home in the city. I have just signed the lease and paid the bond on a nice 4 bed 2 bath house in Glenvale (20 minute walk to work), I have a choice of 4 schools for my youngest but all look good on the stats. Probrably going to go with Glenvale state school as it is closest and less religious. It seems that everywhere I go someone has a smile and a big bright 'Hallo', and I don't think I have encountered any grumpy shop staff. Oh and supermarkets....they pack all of your shopping for you, wasn't expecting that hehehe. The eldest is out looking for jobs at the moment, she is just going to look for something to get her by for the first 18 months or so, then we will be applying for PR (thats the plan anyway) which will make College/Uni a lot easier. Here is the view looking over the top of my new house towards Highfields. And tehn looking the other way to the west of Toowoomba. All I can say to anyone considering Toowoomba, is that it is a lovely place, quite quiet so bear that iin mind when considering. But the shopping is good, and there are a few nice bars. most people are very helpful, and there are loads and loads of schools and colleges. Some places are a little industrial, but hey aren't they everywhere now and at least they are localised in Toowoomba and not just dotted everywhere. The Carnival of flowers is about to get underway here, and there is a bit of a buzz around the Queens Park area of town (which is truly beautiful by the way). But from what I have seen, there is a buzz around most of the parks on the weekends anyway with families using the facilities to have a damn good day out. Anyway, anyone considering Toowoomba, please feel free to drop me a line. I may be without internet for the next week or so, but telstra have told me that I should be online within a week of moving in on Tuesday so I won't be away for too long, besides I still have my mobile to reply to PM's. I also do not pretend to be an expert on the place as there is only so much you can see in two weeks, however I will try my damndest to help where I can..... All the best Simon

Hi guys, lol @ the wife. just a bit worrying what she is laughing at eh!!!! Those pictures about sum it up for me. Heres a view from picnic point! From a walk in Lake Annand Park today! And I noticed today that the parks were full of families having bbq's and generally a nice time. Another thing that has been noticeable is how fresh the air is, walking down the street and you get constant wafts of the Jasmine that is growing everywhere. My first day was a little weird as I was being driven around, and we were mainly on the highways, I thought the big trucks were everywhere, but once you get off the highways its all tree lined streets and hardly any traffic... i hope this gives you an idea. Cheers Simon

Hi guys, Just wanted to gloat about now being in Oz.... lol Toowoomba is an amazing place, and everyone is so friendly. One question, what bird is it that gives me this wonderful laughing chorus in the mornings??? Cheers all Simon