Employer trying to change contract after visa grant.

[PRTroubles]

Hi. I was wondering if anyone could help me or offer me advice with my situation. I will try and lay this out as best as possible.

I started the application process late last year to get my 186 visa via the employer nomination scheme, temporary resident transition. 

I am a tradie, and have worked with my current employer for 3.5 years. Firstly for a few months on my second working holiday visa, through to 457 sponsorship, and now finally the 186.

All the time I have worked for my company, I have been on a 'casual' EBA. I and every other worker get no paid holidays, or public holidays/sick pay. We get a casual loading higher rate of pay to offset this.

When applying for the permanent visa, the agent requested a contract be signed by myself and my employer. When the company used the same contract I am currently on, the agent sent it back saying it can't be related to the 457, and needs to be a 'permanent, full time' contract. They then sent a new one through, with full time details, and a lower rate of pay than I am currently on. The agent realised this was actually a sponsorship contract (company was sponsoring an Irish colleague of mine at the time and they used the template of his). Finally they sent through a final contract which was full time, all benefits and time off etc, but it did not say an hourly rate, it just had a yearly salary. This salary was the same as what I am on currently. The contract stated it will come into affect as soon as the visa is granted.

 

My visa was granted on 9/4/2019, only 3 weeks after the agent lodged. 

The following pay day I asked my manager about the new contract and if it has come into force. He ummed and ahhed about it and said the office are sorting it out. 

Yesterday I called him and asked again. His reply was something along the lines of 'HR and immigration messed up, and we are trying to fix your contract, so it might take a bit of time. You are basically on too much, and we need to change it'

 

I will know if they are messing me around if I am not paid for the holidays this weekend. IT is quite clear that they would rather not have to pay me holidays/sick pay. 

 

What is my best course of action here? Note - I have never been employed on a full time basis in my life. I've always been on casual tradie type deals. 

 

Can my company change my contract to lower my rate, after everything has been agreed and signed?

Any help would be greatly appreciated. Thank you for reading.

 

[Marisawright]

I would start by going back to your agent and asking what the implications are if he used that contract to get the 186, but the employer is now saying it's not a genuine contract. To me, that sounds like using fraud to obtain a visa, and you need to know what the implications might be.  

 

 

[ali]

I agree with Marissa that it all sounds a little dodgy.  I always thought you had to be employed in a particular position for the visa's and not casual.  It sounds like your employer issued a contract in order to assist you getting the visa only.  It does sound like Fraud if there is no permanent substantive position for you to take.

[PRTroubles]

Thanks for the replies.

Hmm. My company is definitely legit. And they don't do anything dodgy as far as I'm aware. There definitely is a position for me. They just don't want people on permanent full time contracts. It is easier for them for everyone to be 'casual'. I think what happened was they have mistakenly put me on the same rate, but as a full time employee now I will receive holidays and sick pay. And once they realised this, they are talking about changing my contract to lower my rate.

 

I'm just wondering if they can do that, just lower my rate, even though the agreed contract was signed by both parties, and is now supposed to be active.

[Marisawright]

30 minutes ago, PRTroubles said:

Hmm. My company is definitely legit. And they don't do anything dodgy as far as I'm aware. There definitely is a position for me.

 

The company may well be legit but that's not the point.  It's what they've done in this case that sounds dodgy.   As Ali says, I always thought there had to be a "permanent substantive position" to get a visa, not just casual work. That's why the agent said they had to give you a permanent, full-time contract - because the visa would be rejected otherwise. 

If the contract is signed by both parties, then you do have rights under Australian employment law and you should consult your local Legal Aid office for information on what you can do.  You don't have to go to court, but if you tell the employer that you know your rights, that may be enough to make them back down and honour the contract.

[calNgary]

Hopefully, the muddle up is just the pay rates.. If you were casual and have changed to permanent as the contract says, ,your hourly rate would drop meaning the contract issued had the wrong rates stated if the figure was the salary you say are on now as a casual employee.

 Cal x