Looking for work

There are many ways of finding a job. In some cases, you will hear about a job through a friend. In other cases, you may see a job advertised on the internet or in a newspaper.

Job advertisements – general issues

Where a job is advertised, it is a good idea to keep a copy of the advertisement. If you get the job and, later on, there is a dispute about what the job involves, the advertisement may be helpful in clarifying what the correct position is.

Remember that some job advertisements can be misleading. For example, an advertisement may seem to promise a certain amount of salary, but earning that amount may depend on how many sales you make or how many customers you introduce to the business. The wording of such advertisements should be checked carefully, so that you can ask about any unclear areas when you go to an interview.

Some job advertisements may be discriminatory. If you believe an advertisement may be discriminatory, go to the section on Discrimination.

Job interviews – general issues

Before going to a job interview, it may be useful to make a list of any questions you may have. After the interview, it is a good idea to make notes about what you discussed and what was said by the person interviewing you. This may be important later on, if you are asked to sign a written contract. You will be able to check whether it contains the important points agreed in discussion and ask for it to be amended before signing it.

Payment for work is sometimes partly based on a bonus or commission. At the interview, if you have any doubts, always ask what the guaranteed income is, in addition to any further bonuses or commissions. If there are bonuses or commissions, ask on what basis these will be paid. A salary may look attractive, but a large part of the salary may consist of bonuses which the employer may decide to pay or not to pay depending on the circumstances.

An interview is also a good time to ask about other key conditions of employment, such as hours of work, rosters and so on, as these may affect how you balance your work and your parental, family or carer responsibilities. For more information on conditions of employment, go to the section on Terms and Conditions of Employment.

Some job interviews may be conducted in a discriminatory way. If you believe you have suffered discrimination in a job interview, go to the section on Discrimination.

Different types of working relationship

Before accepting a job, it is  also important to know whether you will be an employee or some other type of worker, such as an independent contractor. Your legal rights may vary depending on which type of worker you are. For example, only employees can use unfair dismissal laws and only employees are entitled to the benefit of various industrial instruments such as awards and workplace agreements. Unfortunately, there is no simple test for identifying the difference, so it is necessary to look at the total picture. Usually, an employee is someone over whom an employer has the right to exercise significant control, who is paid on a regular basis, whose equipment is provided and maintained by the employer, who is taxed as an employee and so on. On the other hand, independent contractors run their own business and have a higher degree of flexibility and control over the way in which the work is done. Owner drivers are a typical example of a category of worker who is likely to be an independent contractor, but each case has to be examined in the light of its particular facts. For more information, speak to your union, go to Business Victoria, the Workplace Authority or ring the Workplace Infoline on 1300 363 264.

Outworkers are employees who perform their work at private residential premises or other premises which are not business or commercial in nature.  If you are an outworker, there are a number of complex provisions which may operate to protect you in special ways and you should check these. For more information, speak to your union, go to the Business Victoria, Workplace Authority or ring the Workplace Infoline on 1300 363 264.

If you are an independent contractor, you still have the protection of anti-discrimination laws, even if you cannot use some other laws, which apply only to employees. For more information, speak to your union, go to Business Victoria, the Workplace Authority or ring the Workplace Infoline on 1300 363 264 and see the section on Discrimination.

Contracts

A contract is an agreement which is legally binding. It may be entirely verbal, entirely in writing or a mixture of the two. It is easier to prove what is in a written contract, but even if you do not have a letter or other document, you may have a verbal contract, which can be enforced. In order to form a contract, there should be a definite offer of specified terms, acceptance of those terms and something of value exchanged (such as the provision of work in exchange for the payment of a salary).

For all workers, but especially for workers with parental, family or carer responsibilities, it is important to know, in advance, what you are agreeing to and to make sure that it is recorded in writing, if possible. For example, if certain hours of work are crucial to your ability to do the job, because you have to be home by a certain time to care for a sick partner or to collect a child from kindergarten, it is important to try to specify  your starting and finishing times. This will prevent any misunderstanding. If the work is shift work, this could be particularly relevant.

After an interview, an employer will sometimes give you a letter of appointment or another document which sets out the terms and conditions of work. Often, the employer will ask you to sign and return the document. If a copy is not provided, you should always try to make a copy of the document before you return it to the employer, so that you have your own copy for your records.

You should also check the document carefully to make sure that it contains all the terms which you agreed on during the interview. If terms do not appear in a written contract, it will be very hard to argue, later on, that they should have been part of the contract. If there is a problem, you should discuss this with the employer, reach agreement and change the contract before you sign it. Any variations to a contract must be made by both you and your employer. Neither of you can vary the contract alone, without the consent of the other.

In addition to terms set out in a contract, you may also be entitled to the benefit of various industrial instruments, such as awards or collective workplace agreements and to the benefit of minimum entitlements guaranteed by law. A contract cannot undercut these. For more information on this, see the section on Terms and conditions of employment.