Hi there. An employment contract can exist orally or in writing. From the information you provided, it appears that you have been subject to an oral employment contract for the last 3 years. Your employer is now seeking to change the terms of your employment by making you sign a written employment contract that is different to your current work arrangements.

The law allows employers to make reasonable changes to working arrangements as part of their power to give proper and reasonable instructions to employees and to manage the business. However, if the proposed changes are significant or fundamentally different to your existing job, your employer generally cannot make the changes without your consent. Note that some changes may be permitted by law or an applicable industrial award or workplace agreement, but your employer will still need to consult you about the changes before implementing them.

If you do not agree to the proposed changes, and your employer proceeds anyway, your employer may be breaching the existing employment contract. This would entitle you to bring a legal claim against the employer for compensation or an order preventing the employer from making the changes.

If your employer terminates your employment because you refuse to sign the new contract or for another reason related to the changes to your job, you may be eligible to make a claim for ‘unfair dismissal’. An unfair dismissal is where an employee’s termination is harsh, unjust or unreasonable. Unfair dismissal claims must be lodged with the Fair Work Commission (www.fwc.gov.au) within 21 days of your employment ending. If you can successfully prove you were unfairly dismissed, you may be entitled to reinstatement or compensation.

Suggested way forward

You should raise your concerns with your employer, preferably in writing (e.g. email) so that you have a record of your correspondence. If your employer proceeds with the changes, you should speak to an employment lawyer about claiming breach of contract or, if appropriate, lodging an unfair dismissal claim. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.