atw: Re: Urgent: ITEA for a short-term contract?


Because its on a 'casual basis' this just means you have the right to
refuse future work from the agency. The 'casual contractor' clause is so
the FBC doesn't need to declare you for payroll tax purposes, and
basically, the contrary to award thing is just whatever the rate you
have agreed upon.

The nominal expiry date, and I'm not 100% on this, but I think that has
something to do with the ITEA's being updated by government at that
time.

Bec

-----Original Message-----
From: austechwriter-bounce@xxxxxxxxxxxxx
[mailto:austechwriter-bounce@xxxxxxxxxxxxx] On Behalf Of Stuart
Burnfield
Sent: Tuesday, 6 May 2008 3:01 PM
To: austechwriter@xxxxxxxxxxxxx; WAustechwriters@xxxxxxxxxxxxxxx
Subject: atw: Urgent: ITEA for a short-term contract?

Hi all -

I went in to an agency today to do the paperwork for a job that's due to

start next week. As always, I expected to spend some time going through=20
the contract looking for tricks, traps, contradictions, errors, etc.=20
However, this contract is an ITEA, something I haven't come across=20
before. There's a lot about it that makes me uneasy, and I wanted to=20
check with you all to see if anyone's come across it yet.

The job is a 4-month contract with an FBC (Fairly Big Company). I=20
expected to be employed by the agency on a PAYE basis and farmed out to=20
the FBC for the fixed term of the contract. (I submit timesheets to the=20
agency, they cover PI and PL insurance, and so on.)

An ITEA (Individual Transitional Employment Agreement) is a sort of "son

of AWA", brought in by the new government. This contract says:

- I'm employed by the agency on a casual basis. Not sure what the=20
implications of this are. It does say that casuals are employed on a=20
'needs basis'???.

- It also says I agree to remain as a casual contractor, contrary to any

provision contained in an Award (???), but the agency can convert me to=20
part-time or full-time at their discretion.

- The agency can employ me on one more assignments, including with other

clients than FBC. Don't like the sound of this. I want to finish this=20
contract then look for the next one under my own steam.

- Termination of an Assignment doesn't terminate my employment by the=20
agency. That is, when I finish my work for FBC I'm still employed by
agency.

- I have to indemnify the agency for any loss they may incur because of=20
loss or damage I cause to the FBC or their customers. Isn't this what PI

and PL are for?

- The 'nominal expiry date' is 31 Dec 2009. This is a standard feature=20
of ITEAs, not something the agency cooked up, but I still don't=20
understand what it means. There's an elaborate termination procedure=20
around the expiry date that involves two letters and declaration form=20
separated by a 14-day notice period.

There are a few other problems but they're the standard things you=20
expect to find in a contract. It's the arrangements above that make me=20
nervous. I'm seeing the recruiter tomorrow to go through these points,=20
but I'm pretty uneasy about signing this. It's one thing to haggle over=20
details, another to take something that's wrong and try to change it=20
point by point to make it look like the right thing.

Has anyone come across these ITEAs and has any advice?

Regards and thanks for your time if you've made it this far.

Stuart
**************************************************
To view the austechwriter archives, go to
www.freelists.org/archives/austechwriter

To unsubscribe, send a message to austechwriter-request@xxxxxxxxxxxxx
with "unsubscribe" in the Subject field (without quotes).

To manage your subscription (e.g., set and unset DIGEST and VACATION
modes) go to www.freelists.org/list/austechwriter

To contact the list administrator, send a message to
austechwriter-admins@xxxxxxxxxxxxx
**************************************************
**************************************************
To view the austechwriter archives, go to 
www.freelists.org/archives/austechwriter

To unsubscribe, send a message to austechwriter-request@xxxxxxxxxxxxx with 
"unsubscribe" in the Subject field (without quotes).

To manage your subscription (e.g., set and unset DIGEST and VACATION modes) go 
to www.freelists.org/list/austechwriter

To contact the list administrator, send a message to 
austechwriter-admins@xxxxxxxxxxxxx
**************************************************

Other related posts: