This is only a summary guide to our Work Services Supply Contract (Master Contract), a complete copy of our Master Contract can be obtained by contacting our office.  The Clause numbers follow those in our Master Contract. Many important words and expressions that are used in this Synopsis are defined or explained in our Master Contract.

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The Synopsis does not replace our Master Contract, which you should read carefully and about which you should obtain your own legal advice. If you communicate your acceptance of this Synopsis, or request our Workforce Services, after you have received a copy of it, you will be bound by our Master Contract.

 

General Conditions

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1. Master Contract  

1.1 Our Contract governs all requests for our Workforce Services.

1.2 Our Contract covers the Parties, their permitted successors, and assigns.

1.3 The General Conditions Part applies to the supply and acquisition of our Workforce Services.

1.4 The RecruitEd Services Part applies to the supply and acquisition of our RecruitEd Services.

1.5 The Labour-Hire Services Part applies to the supply and acquisition of our Labour-Hire Services.

1.6 The Placement Services Part applies to the supply and acquisition of our Placement Services.

1.7 The Fees Schedule sets out how our fees and charges are calculated.

1.8 The Business Schedule contains important terms on which we both agree to do business.

1.9 The Definitions and Interpretation Schedule sets out agreed definitions and rules for interpretation.

1.10 A Synopsis is a summary guide to our Master Services Contract.

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2. Acceptance of Terms of Business

2.1 Our Contract can be accepted orally, in writing, or by requesting our Workforce Services.

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3. Acknowledgements and Co-operation

3.1 The Parties agree our Contract is reasonable to protect their interests in supplying or acquiring our Workforce Services.

3.2 Candidate Presentation is ongoing.

3.3 The Parties agree to co-operate.

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4. Services Requests and Authority to Initiate Candidate Presentation     

4.1 We may require written confirmation of your Services Requests.

4.2 Parties may nominate representatives to coordinate the supply and acquisition of our Workforce Services.

4.3 We may decline your Services Requests.

4.4 You give us permission to present Candidates for Positions.

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5. Our General Responsibilities

5.1 Our general responsibilities are additional to non-excluded obligations.

5.2 We will provide our Workforce Services as agreed.

5.3 We will obtain our Candidates’ permission to present them to you.

5.4 We will supply extra services that are expressly agreed.

5.5 We will be responsible for meeting agreed service levels.

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6. Your General Responsibilities

6.1 You must conduct your business lawfully.

6.2 You must ensure Candidates whom you employ have the legal right to work.

6.3 You will not require us to act in breach of our licence condition, professional responsibilities etc.

6.4 You will not charge our Candidates certain fees or charges for the jobs they perform (“Employment Premiums”).

6.5 You must provide accurate information.

6.6 You share responsibility for satisfying yourself that our Candidates meet the requirements of their work.       

6.7 You must preserve the privacy of our Candidates’ personal information.

6.8 You must have due regard for our Candidates’ obligations owed to their previous employers.

6.9 You must notify us of our Candidate’s acceptance of an offer of employment with you.

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7. Fees, Charges, and Invoices

7.1 You must pay our fees and charges when they are due.

7.2 You must pay advertising and other expenses you have authorised.

7.3 We will provide invoices.

7.4 We may vary our fees and charges on notice sufficient to give you an opportunity to negotiate them with us or to terminate this Contract.

7.5 All fees referred to in these Terms of Business are subject to GST

7.6 Our fees and charges are stated on a GST exclusive basis.

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8. Exclusion of Certain Liabilities

8.1 You acknowledge and agree that you bear non-exclusive responsibility for the work our Candidates perform for you.

8.2 We make no representations that our Candidates will achieve performance levels etc.

8.3 We exclude liability to you and require you to indemnify us for damage etc. caused by our Candidates (including by their negligence) except to the extent to which we have contributed to it. We limit our liability arising under statutory consumer guarantees.

8.4 Exclusions of liability and indemnities continue after termination of the Contract.

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9. Termination

9.1 Either Party can terminate this Contract “for convenience” by written notice.

9.2 Either Party can terminate this Contract for serious breach which cannot be remedied, or which remains unremedied after notice.

9.3 Either Party can terminate this Contract for an Insolvency Event.

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10. Confidentiality

10.1 Candidate information is provided confidentially and solely for the supply, acquisition, and use of our Workforce Services.

10.2 We can choose not to disclose the results of our pre-placement investigations or evaluations of our Candidates.

 

11. Dispute Resolution

11.1 The Parties will try to resolve disputes in good faith and in accordance with the RCSA Code and dispute procedures

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12. Notices

12.1 Notices must be given in writing.

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13. Assignment and sub-contracting

13.1 The Parties may not assign or sub-contract their responsibilities under this Contract without consent.

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14. Events Beyond Control

14.1 Parties may be excused for failure to perform due to events beyond their control.

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15.Waiver

15.1 Indulgences do not amount to waiver.

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16. Severance

16.1Terms can be severed.

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17. Jurisdiction

17.1 The Parties choose the law and jurisdiction that governs the Contract.

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18. Relationship

18.1The Parties’ relationship is that of independent supplier and acquirer of our Workforce Services.

 

19. Entire Agreement

19.1 This Contract, including its various parts, schedules and any relevant Service Level Agreement or Workforce Services Brief constitutes our entire agreement.

 

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EmployED                                                      

PART OF THE SERVICE AGREEMENT

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1. General Responsibilities

1.1 EmployED Program we will charge fees and invoice in agreed stages.

1.2 Fees will only be incurred if our presentation of the Candidate is materially instrumental to the Candidate’s Placement with you.

1.3 Parties agree that “material instrumentality” can be presumed in certain cases. The presumption of material instrumentality is rebuttable.

1.4 Certain common means by which our Candidate may already be known to you do not, of themselves, rebut the presumption of material instrumentality.

1.5 The presumption of material instrumentality is automatically rebutted in some cases.

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2. Our EmployED Responsibilities

2.1 The sourcing of EmployED Candidates.

2.2 The presentation of suitable EmployED Candidates.

2.3 Coordinating and liaising with training organisations regarding candidate eligibility and criteria.

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3. Your Additional Responsibilities

3.1 Trainee Acceptance

3.2 Trainee Support

3.3 Fees and Charges Provisions

 

 

On-hire Service

PART OF THE AGREEMENT

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1.0 Our Additional Labour-Hire Responsibilities

1.1 We will source and engage our On-Hire Candidates.

1.2 We will take reasonable steps to ensure our On-Hire Candidates are competent, skilled, and qualified for the work they are to perform.

1.3 We are responsible for providing Work Entitlements of our On-Hire Candidates.

1.4 We will take out all necessary insurances required by law.

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2.0 Your Additional Responsibilities

2.1 You must provide reasonable access to your workplaces and Information.

2.2 You must not direct our On-Hire Candidates to work at workplaces we have not agreed.

2.3 You must not on-hire, second, or lend our On-Hire Candidates without our permission.

2.4 You must inform us of inherent requirements or genuine occupational requirements of the work, and you are responsible for making reasonable adjustments required by anti-discrimination laws.

2.5 You must properly supervise our On-Hire Candidates whilst they are within your legal responsibility.

2.6 You must report adverse conduct or performance issues to us and allow us to manage them.

2.7 You must familiarise yourself with industrial instruments under which our On-Hire Candidates perform their work and supervise our On-Hire Candidates in accordance with their provisions.

2.8 You must ensure that our On-Hire Candidates work within the skill level and classification according to which they are provided by us to you.

2.9 You must provide all Work Equipment at your own expense other than Work Equipment which we agree that we, or our On-Hire Candidates, will provide. In default, we can provide it and charge you accordingly.

2.10 You must submit completed timesheets on time. In default, we can make an estimate of the work performed by our On-Hire Candidates and invoice you accordingly.

2.11 Persons whom you appoint to perform any function on your behalf that directly affects our On-Hire Candidates must be fit and proper to act in that role.

2.12 We may require you to disclose Service Network arrangements that affect our On-Hire Candidates.

2.13 We may require you to disclose the identity of suppliers and participants in your tiered supply arrangements or supply chain.

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3.0 Insurance

3.1 Parties must take out and maintain agreed insurances. If you are in default, we can take out the missing insurance and recover the cost of it together with our handling margin.

3.2 Parties will notify each other promptly of events or circumstances that might give rise to claims against them or our On-Hire Candidates in connection with the work our On-Hire Candidates perform.

3.3 Parties will co-operate with insurers who are handling claims and notifications.

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4.0 Work Health and Safety and Welfare Responsibilities

4.1 Parties will consult, co-operate and co-ordinate work health and safety and welfare responsibilities as required.

4.2 Supply arrangements are to have regard to applicable “Horizontal Engagement” requirements.

4.3 You must provide site-specific inductions.

 

 

Permanent Services

PART OF THE AGREEMENT

 

1. Additional Fee Provisions

1.1 When acting on a retained basis, we will charge fees and invoice in the agreed stages.

1.2 When acting on a contingent basis, we will only charge a fee if our presentation of the Candidate is materially instrumental to the Candidate’s Placement with you.

1.3 Parties agree that “material instrumentality” can be presumed in certain cases. The presumption of material instrumentality is rebuttable.

1.4 Certain common means by which our Candidate may already be known to you do not, of themselves, rebut the presumption of material instrumentality.

1.5 The presumption of material instrumentality is automatically rebutted in some cases.

1.6 If our fees are calculated as a percentage of Annual Gross Remuneration (AGR) AND AGR has not been agreed with the successful candidate at the time when we may invoice you for payment, AGR will be calculated based on the highest amount advised to us by you at any time up to the time of invoicing.

1.7 If AGR includes commissions or earned bonuses we can estimate AGR inclusive of the commission or bonus and invoice you accordingly. You can dispute our estimate.