Mike Ockisard said:
1 - we're not mates
2 - yes, i have quite a firm grasp of the concepts ive been talking about in this thread
3 - no, you can never be forced to sign a contract, but the only other option in this scenario is to look for another job, so effectively you are forced to
4 - "there is no such thing as an illegality in contract. People are free to contract as they please, providing that it does not conflict with any legislation" is just one big contradiction. my whole point was that a contract is not valid or able to be enforced if the terms of the contract break the law. you then went on to correct me by saying that theres no such thing as an illegality in a contract unless it breaks the law. think about what you say in the future.
5 - "If you have a job the "workplace reforms" do impact you, and nearly everyone in a job...." is another flaw of yours. on one hand you're saying it definitely impacts me, then you're saying 'nearly everyone' without knowing which category i fall under. dont tell me what does and doesn't effect me. the new workplace reforms have absolutely NO bearing on my current employment. they do not effect everyone.
1. I'm quite confident that I can refer to you in any manner that pleases me.,
2. There is no evidence to suggest you have any idea of what you are speaking. Have you studied law or industrial relations? Have you read Howard's industrial relations changes? Didn't think so.
3. Being faced with a term in a contract is not effectively being forced to sign a contract. Firstly there are plenty of jobs at the moment, unemployment is at a very low level and any industry that requries a bond would certainly have other openings. Secondly, you are free to negotiate contracts as you please. "I won't sign it unless we add/subtract this term", then it is up to the employer and you to make a deal.
4. I always think about what I'm saying, and have done so for you too, concluding that I think what you are saying is wrong. There is no such thing as an illegality in contract. Furthermore, any contract that has terms or conditions that are in violation of legislation surrounding that contract is still valid (not invalid as you say), however the specific terms and conditions that breach the legislation are not enforceable by law.
5. What is your job? You apparently aren't aware of the scope of the industrial relations changes, including the centralisation of all industrial relations legislation that effectively impacts EVERYBODY who works in Australia in a legal profession. So unless you are working in a black maket, dealing drugs, or prostituting yourself, it does have a bearing on you. You may or may not notice a change, but it still is there.
(Perhaps you should realise that although you don't know what you're talking about, other people on this forum actually may...Reading about something in the newspaper or seeing it on TV does not make you "informed".)
- The reason that people are so vulnerable in employment contracts is because of the imbalance of power that exists between employers and employees. Half of the time if the employee spoke up and made the employer aware of the laws they are breaking, they will stop imposing such conditions on their employees.
