Need advice: Employer wants me to sign a “new” contract that resets my start date — is this legal? (Australia/SA)
SORRY LONG POST AHEAD
I’ve been working as a Disability Support Worker (NDIS) for the same company since July 2023. Recently they sent me a new employment contract to sign, listing my commencement date as 1 June 2026 — like I’m a brand new employee.
Looking back, I’ve actually signed “updated” contracts with them several times over the past 3 years, always with the same explanation — “updates to our policies, terms and conditions.” At the time I didn’t think much of it. In hindsight I probably should have questioned it sooner.
A few things stood out when I reviewed this latest one:
Casual employment + 6-month probation. Probation is normally for new hires. Doesn’t make sense for someone with 3 years’ tenure — and if this pattern of repeated “new” contracts has been resetting my start date each time, I may never have actually cleared probation on paper.
One-sided notice period. They only owe me 1 week’s notice during probation (or “per legislation” after) — but I have to give them 4 weeks to resign.
Confidentiality clause contradicts itself — one section says the duty lasts forever, another says only 3 years.
$10,000 flat penalty for any confidentiality breach, regardless of actual harm.
12-month non-compete — banned from working with any client I’ve had contact with, for a full year after I leave.
I emailed asking why I need to sign a new contract at all; they replied it’s due to “updates to policies, terms and conditions” — no specifics given, same as previous times.
I haven’t signed it yet, and I haven’t sent anything further. I’ve drafted (but not yet sent) an email asking them to confirm my actual start date (July 2023) is preserved and to detail exactly what’s changed from my original signed contract, before I consider signing anything.
What’s making me more alarmed: a few coworkers have recently started telling me stories about ongoing issues at this workplace — pay disputes, apparently even lawsuits. I don’t have details yet, but it’s making me take all of this a lot more seriously than I did before.
My questions:
Can they legally get away with resetting my start date like this every time I sign a “new” contract, if I never pushed back before?
Am I at risk if I refuse to sign this one and keep working under my original terms?
Should I send my draft email first, or go straight to Fair Work / a lawyer given what I’m now hearing from coworkers?
Has anyone dealt with something similar in the NDIS/disability support sector, or heard of this company having wider issues?