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Employer Restrictions *update*

Discussion in 'The Pub' at netrider.net.au started by 2wheelsagain, Mar 19, 2008.

  1. [rant]

    Mrs 2wheelsagain started a new job yesterday after looking for 5 weeks see HERE for some history.

    This global company is in the oil and gas industry has 80,000 employees world wide and should be a great place except for one thing.
    They basically forbid their employees from riding motorcycles. That's right forbid.

    Now we're all for safe work sites and OH&S etc but where does the line get drawn?
    Apparently they are happy for employees to cycle to work, ride horses, sky dive and bungy jump etc. None of these are mentioned in the contract but bikes are.

    We're talking about someone who is legally qualified to ride, who's covered by TAC.

    We have not seen the contract yet but have been told the bike stuff is in it. I'll be having a close look I can assure you. Its a great job with great potential.

    The funny thing is she turned up for the second interview on the bike!



  2. I'm going to assume it forbids commuting to work on the bike?

    That would be the only thing that makes sense.. with you being covered to and from work.

    In the contract just cross out the bike section with a pen, then sign it ;)
  3. Thanks phizog
    This will be the first time we have dealt with a "contract" is that sh!t common? It's misplaced fear at best compared to cycling.
  4. I would be prety damned sure that outside of teh workplace they have no power over you. And that if you turned up, and refused to sign unless amended then they told you to bugger off you could do them in court... But as you said they have millions of dollars to throw at lewers, and you don't, so who would be willing to test it. You wouldn't want there costs awarded against you now would you.
  5. Rule line through section.



    fcuk 'em!
  6. I haven't studied employment law , but on general contract principles, there is no reason why it can't be a term of a contract that one party shall not do such and such thing, no matter how silly it might be. Given that the contracts would have been drafted by lawyers, and ones from top-tier firms if it is a large petrochem company, I'm guessing it is perfectly ok to do in law.

    Shitsux but what are you gonna do I guess. She should ride in and see if anyone mentions it.
  7. Workers comp or Workcover here in Victoria only covers you while at work. It does not cover your travelling to and from work. That is covered by the Transport Accident Commission.

    It's a bit of a grey area though if you use a vehicle in the course of your work and if you have a crash and are injured, who'd cover you, TAC or Workcover.

    Anyway, given that I'm fairly familiar with the company that the OP's missus has gotten a job with, well, I'm guessing that it's Esso, then I'd probably be keeping the bike at home for the time being, get familiar with the place before stating that you ride or whatever. It's difficult enough for women, older women, particularly, to get work out in country areas. So, to get a good job with a mob like this it would be silly to jeopdise it over this issue.
  8. what exactly does the contract say wrt motorcycles?

    does it mention bicycles as well?
  9. Re: Employer Restrictions

    Do what is necessary to get the job, and then look at what is possible, what is negotiable and what is not.

    To arbitrarily cross out a clause may cause problems making your Mrs not the ideal candidate, matter needs to be discussed.

    If the company are ludites, but the job is good - what is for the greater good?
  10. Yeah, it's legal if you sign it.

    I signed a contract like this for a short-term job once. The principle in my case was without me waving the wand, a $38m contract would be jeopardised (only because I was one of the few people around with the knowledge to complete the thing on time). I had to go for a medical, submit for an anal probe (twice, because I made sure the first was dudded), and a psych test.

    They paid me REALLY well in exchange though (until the tax man and child support agency took their cut, anyway (sigh)).
  11. Actually a contract is only as legal as the conditions in it.

    ie. even if you and a second party sign a contract voluntarily and one of the clauses says that you must kill someone, then that doesn't make it legal.

    If this employment contract in question, presumably an AWA, has illegal conditions in it then the contract itself would be null and void.

    Problem here is that the employee wants the job worse than what the employer wants the employee. So, guess who wins...
  12. agree 100%

    i'd take the job, sign their shit, and then test the fairness :)
  13. Not to sure about todays take on this, but way back in the dark ages: 1978 when I joined our fearless RAN :? :LOL:

    We where banned from riding on the base or too and from it.
    So us bikers had to arrange parking elsewhere or live 'onshore' and get a lift in a cage to and from.
    From what we learned at the time some dick had been showboating on one of the bases a few years before I joined, and mono'd into a parked car and just about killed himself, spent 18months in a Navy hosp before being well enough to be medicialy discharged.

    It took all bike riders at the time ( about 80 of us at Cerberus ) to band together and go through the "correct" channels, to change this rule.
    Oh at 1st we had restrictions:
    Like ride directly to place of duty or the nearest car park
    No inter base commuting
    All protective gear to be worn at all time on the bike ( er der :LOL: )
    Base speed limit to be strictly adhered too, or all privilege's for all bikes would be removed, ie one caught speeding would stuff it up for EVERYONE

    It took us a few years and it did filter though to other bases not just navy ones. But now you would never know that bikes where ever banned.
  14. Nope, not Esso but a support company to them and industry with facilities actually in Sale.
    Esso at Longford has motorcycle parking areas! :)
    I'm keen to see the actual document and of course we'll go with the "greater good" as someone mentioned.
    She was out of work for 5 months last time. :mad: "Only" 5 weeks this time.

    Thanks for the comments and I'll keep you posted.
  15. What a strange clause to put into a contract ... probably someone's brainy idea, someone who doesn't ride and knows nothing about riding. Unfortunately as they're not asking you to do anything illegal, then the contract is binding. Given that it's a large company, I doubt that striking the clause out and negotiating will work, it would set too much of a precedent. How would they ever ban anyone else from riding if you show up to work by bike every day?

    There's so much work out there, I'd go somewhere else.
  16. I had a similar issue with the education department about 15 years ago.

    Riding a motorbike to work (along with 2 other staff) and parking.

    The representative from the Education Department offices were claiming that (despite the fact that we weren't hooning or speeding) that it set a bad precedent; in that it gave the impression that motorcycles were a normal and safe mode of transport, and that we were to stop forthwith (because they were dangerous and it was education department policy that they should be discouraged). They had already stopped 2 students riding their motorbikes to the local secondary school by this point (and mentioned this).

    But I wasn't actually a teacher nor were any of the staff riding motorbikes. We weren't even employed by the Education Department (which made the whole situation even odder)! We were workers (for a private company) parking at the bus depot and riding into our work past the (large and busy) bus stop with the school kids sitting at it *outside of work*.

    They actually got to the point where they threatened work with loss of contracts if they didn't do something about it. I'm not sure they could have actually done that, but they were already making life difficult and we didn't need any extra hassle.

    In the end work had the bus stops shifted, so we could still ride to work but the poor kids didn't have to be exposed to us undesirable bikey types :roll:
  17. I've got some doubts that the contract would have been legal yesterday, even more so since the IR bill went through yesterday.

    Correct me if I'm wrong, but don't employment contracts have to conform to a set of standards set by the government? In the fallout of Workchoices, even before the election there were strict limits on what may and may not be included in them.

    I had a vaguely similar situation a while ago, and the advice I received was, if the company can prove that a particular act materially affects its business operation, they can include it in the contract. If not, and if it does not happen on company time and company property, they cannot. (but of course you would want to get a legal opinion there).

    If it was ME, I'd probably sign the contract, do what I damn well pleased outside of work, and if it came up again either fight it (expecting to win), or move on to the next gig.
  18. That is interesting in 92 I was doing year 12, and was riding to and from school. never had any issues at all.
  19. From the point of view of someone who employs people, if they have sent you out a contract, then they are unlikely to withdraw their offer if you cross out a minor clause. Particularly if it causes significant inconvenience to the employee.

    The head of a section is counting on closing a gap and the employment market is tight.

    I'd try it on.
  20. :WStupid: