Fixed Term Rolling Government Contract | 6+ Years - Rights?

Gerbud on 28/03/2019 - 20:20

My partner has been employed with a government department on a fixed term contract on the same role for over 6 years.

There is currently a review underway to consider whether employees employed for over 2 years on rolling contracts qualify for permanency. This review is due to be completed at the end of this year.

My partner's boss has just informed her that her contract will not be renewed after June this year. My partner has always had very positive reviews in terms of performance and her management team do not want to let her go.

She contacted her Union but they did not seem to think she had a case as she works in project management, however, there is still ongoing work - the boss just thinks all project work can be disseminated to other roles who have no experience in project management.

Does anyone know if she has any rights under the fair work act?

Thanks

Education & Work

Comments

  • SBOB on 28/03/2019 - 20:59

    What does her contract say regarding termination of contact?
    Its likely they are providing the legally required notice etc

    • Gerbud on 29/03/2019 - 00:39

      Will need to check that SBOB.

  • JimmyF on 28/03/2019 - 21:19
    +2

    Does anyone know if she has any rights under the fair work act?

    Under what grounds? She is a contract worker, That contract is not being renewed.

    She isn't a perm, they don't need to offer any reasons for this.

    Sadly its the name of the game when you're a contractor

    • Gerbud on 29/03/2019 - 00:32

      She has been treated like a perm member of staff in the same role for 6+ years with annual and sick leave provided like FTE.

      She did not contract in via ABN.

      She has pushed for permanency buy there have been multiple recruitment freezes over the years which has not helped.

      • JimmyF on 29/03/2019 - 08:14
        +1

        with annual and sick leave provided like FTE

        Yes thats how Fixed term contract employees work, they offer those things, but she still isn't perm.

        She did not contract in via ABN.

        You don't need a ABN to be a contractor. Most contractors are PAYG via the agency they work via

        She has pushed for permanency buy there have been multiple recruitment freezes

        Again, doesn't change anything and just backs up she is a contractor.

        Clearly the company is on a cost reduction, hence why she never got perm and has now been trimmed.

        Just because you have been trimmed, doesn't mean you're bad at your job. It just means the bean counter said you need to remove x staff from the books.

        Not going to disagree is crap, but don't confuse time spent at a company with being perm.

  • conservative on 28/03/2019 - 22:46
    +1

    It might be a personal thing. Doesn't matter if she's doing well in the role.

    Her first mistake was to not push hard enough for a permanent after 1-2 years. By that time, it's time to find a new job.

    • Gerbud on 29/03/2019 - 00:33

      As above, she has pushed for perm but not that easy to achieve in her Dept. unfortunately.

      • conservative on 29/03/2019 - 19:04

        she has pushed for perm

        Then leave. DOn't give them the satisfaction of knowing you are desperate.

  • tsunamisurfer on 28/03/2019 - 23:50

    Let me summarise the OP.

    My partner is a contractor.

    Her contract is finishing.

    Who can I chase for money?

    • Gerbud on 29/03/2019 - 00:39
      -1

      Your summary is not correct.

      No one is chasing for money here.

      Simply want to see if there are any options/rights as I feel it is an unfair way of being treated in a job you have given a lot to over 6+ years.

      As mentioned above, she was treated like a FTE with all the same benefits.

      In the UK, there are laws protecting fixed-term workers rights, however, not sure if the same applies here in Australia.

      • tsunamisurfer on 29/03/2019 - 13:35

        Your partner is a contractor. A contract ending should be no shock to a contractor.

        Contractors are paid slightly above permanent rates due to not having the 'security' of a normal permanent roles.

        Your partner has happily enjoyed the extra remuneration of a contractor but now you want to complete protections of a permanent.

        The organisation from your description has not been 'unfair'.

        • Gerbud on 29/03/2019 - 14:46

          Thanks for your input on this but some of your comments are a little presumptuous.

          "Your partner has happily enjoyed the extra remuneration of a contractor but now you want to complete protections of a permanent."

          When did I state my partner has, "happily enjoyed the extra remuneration of a contractor"?

          She has not enjoyed extra remuneration and has been on the same rate of pay as her peers in similar roles/levels who are perm FTEs.

          This is my point about the unfairness - she has been treated and managed the exact same as a perm FTE but the organisation has used the fixed term contract over and over again to avoid her obtaining permanency.

  • itsdougie on 29/03/2019 - 00:45
    +1

    I work for the commonwealth government I've had a to let a few contractors in my team go because of the budget. They were not offered the opportunity to become a permanent fte, other permanent team members have taken up the additional work at level. It is normal across government with the exception of department of defence and prime minister and cabinet.

    • Gerbud on 29/03/2019 - 00:46

      Thanks for the insight.

      • itsdougie on 29/03/2019 - 00:50

        It is unfortunate because most of the long term contractors have delivered and performed exceptionally well, the worst part is they take a vast amount of knowledge with them and impossible to complete a decent handover in such short notice.

        • Gerbud on 29/03/2019 - 00:54

          Agreed!

        • Icecold5000 on 30/03/2019 - 17:01

          Best thing a contractor can do then is to do an incomplete handover. If they want you back then its double the rate thank you very much.

  • Vote for Pedro on 23/04/2019 - 09:20
    +1

    Seek further advice. It’s not as simple as ‘it’s a fixed term contract’. This is because the contract had been extended time and time again. There may be an ‘ongoing relationship’. She may also be entitled to redundancy. Again, it’s not as simple as some may have you believe. Get her to ask her union again. Also, an enquiry with employment lawyers would be prudent.

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