Question: Can I fire someone if they refuse to sign my employment agreement and have not started work yet?
Answer:No. Employers cannot force an employee to sign an agreement if it does not comply with the National Employment Standards. If an employee makes changes so that the agreement complies with the National Employment Standards, and the employer refuses to accept the changes, then this could be considered a breach of s340 of the Fair Work Act 2009 (Cth) and held to be termination of the employee’s agreement. You should ensure that your current contract meets the National Employment Standards and whether the amendments the employee is asking for are lawful and reasonable.
