Lars Posted April 9, 2014 Share Posted April 9, 2014 Hi everyone! I've been working as an Technician for a company for about 6 months. A couple of months ago I send in my visa 187 sponsor application - which got accepted the 2nd of April (yay!). As a part of my visa application, I signed a work contract with the employer which states the following: "Please accept this confirmation of our offer of permanent full time employment agreement with xxx Ltd. In this position, you will report to your manager and the Regional Manager (currently xxx xxx). Start Date: This offer of employment comes into effect when subclass 187 visa is approved Duration: This offer of employment is for a permanent full time, ongoing and weekly paid position for at least two years with no exclusion to extension under the General Retail Industry Award 2010." Now to the question.. After my visa got accepted the 2nd April, my manager on site changed all the rosters to reflect the 38 hours per week which is the minimum requirement for this visa (up from 32 ish h/week. So far so good. The day after the roster change, the owner contacted my manager on site advising her to not change my hours and until 1st of May. I found this a bit strange and contacted the owner which couldn't give me any reason more than its "due to book keeping reasons advised by the accountant". The owner clearly didn't want to talk about it and advised me to call my regional manager, who game me a similar answer. My question is, can they do this? I've signed a work contract where it clearly states that it would come to effect when my visa has been approved? Thanks in advance! Link to comment Share on other sites More sharing options...
Rupert Posted April 9, 2014 Share Posted April 9, 2014 A company cannot be forced to provide hours to someone if they don't need those hours and no visa rule is going to change that. If you were unlucky you would be on a 457 visa and if they didn't need you to work full time hours they would have to let you go and cancel the visa. You are lucky however, because the 187 visa is permanent and so long as you make every effort to comply your visa is not going to be at risk. Link to comment Share on other sites More sharing options...
Lars Posted April 9, 2014 Author Share Posted April 9, 2014 A company cannot be forced to provide hours to someone if they don't need those hours and no visa rule is going to change that. If you were unlucky you would be on a 457 visa and if they didn't need you to work full time hours they would have to let you go and cancel the visa. You are lucky however, because the 187 visa is permanent and so long as you make every effort to comply your visa is not going to be at risk. Thanks for the quick reply Rupert. The company will give 38 hours / permanent position - but not until May (after easter). I just find it strange that they won't do it straight away as per signed contract - shouldn't they be obliged to follow whats stated on the contract? Link to comment Share on other sites More sharing options...
Rupert Posted April 9, 2014 Share Posted April 9, 2014 Thanks for the quick reply Rupert. The company will give 38 hours / permanent position - but not until May (after easter). I just find it strange that they won't do it straight away as per signed contract - shouldn't they be obliged to follow whats stated on the contract? As I say, companies cannot be forced to employ people they do not need. Push it and they would just say we don't need you and cancel your contract. Contracts don't protect against redundancy either. Link to comment Share on other sites More sharing options...
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