We’ve heard from HACSU members that there’s a few issues going on at Nexus, after a confusing communication got sent out to workers.
You’ve told us that for one, Nexus is trying to change employment contracts without your okay, and that they’re also pressuring you to disclose if you work for another employer.
In terms of a contract change, you need to be consulted properly and consent to any changes Nexus want to make – and if they fail to get your consent, then the changes are not able to come into effect.
It’s also important to know that not replying to Nexus’ email about the change doesn’t imply that you have no issues with it – and they still need to follow up and get your explicit okay before they implement any amendment.
The actual change they’re trying to make to your contract is common for employers in your industry, and we don’t have an issue with the clause itself – but it needs to be your choice to have it in your contract.
As for telling your employer about other jobs, your Enterprise Agreement does state that you’re required to inform Nexus if you work in excess of 76 hours across multiple employers.
While it may be the case that the Clause is not a permitted term, if you are in a situation where you work more than 76 hours at multiple jobs, we’d say it’s a good idea to give Nexus a heads up by writing the following:
“I am regularly working over 76 hours per fortnight across multiple employers”
What’s crucial is that “regular” does not include casual or unscheduled work with a secondary employer – only regular ongoing employment. And, if you’re working under the 76 hours, we believe there is no requirement to tell Nexus where you work or your exact working hours.
There’s nothing to say you can’t work at a second employer, and Nexus cannot disadvantage you for having a second job.
If you’ve got more questions or need further information, make sure you get in touch with us via HACSUassist.
We’re only able to help members, so if you want to be protected now is the time to join and get involved: https://join.hacsu.org.au/
