TERMS AND CONDITIONS OF ANY OFFER OF LABOUR HIRE EMPLOYMENT
- CONDITION: Your ongoing employment is conditional on, amongst other things, the availability of work from the client. If the client terminates its request for services with the Company (which could happen at any time) or if the Company is not re-appointed to provide services to the client, your employment may come to an end. You will be given notice of termination in accordance with these terms. You will not be eligible for redundancy.
- FLEXIBILITY: It is critical that you are flexible for the Company and client to meet business needs. You accept that your duties, position, work location and terms and conditions of Assignment including rates of pay, may change from time to time depending on Company and client’s needs. The Company may change or terminate the Assignment without reason. There is no obligation to offer you ongoing or future assignments.
- COMMUNICATION: We expect you to:
- complete any Assignment offered to you unless your employment is terminated under clause 15;
- immediately notify the Company if, for any reason, your availability is expected to change and provide as much notice as possible; or
- immediately and promptly notify the Company and the client if you intend to take leave or are to be absent from work for any reason.
- WARRANTY: You warrant:
- you have necessary skills and experience to carry out your duties, functions and responsibilities;
- you have no undisclosed injuries, illnesses or restrictions that could impact on your ability to safely and properly perform your role; and
- you have no known circumstances which would prevent you from the impartial and proper performance of your duties.
- GENERAL OBLIGATIONS: You must:
- devote your full time, attention and skill to the performance of your duties, competently exercising all skills in the performance of your duties;
- perform your duties faithfully, honestly and diligently;
- ensure you are appropriately dressed, punctual, reliable and behave appropriately and professionally at all times;
- follow all lawful and reasonable directions given by the Company;
- co-operate with the client and accept the direction, supervision and instruction of the client;
- comply with all laws and regulations applicable to your position; and
- promote the best interests of the Company and the client at all times.
- BUSINESS EQUIPMENT: For the purposes of performing your duties, the Company and or the client, may provide to you from time to time access to computer, internet, mobile communication and email facilities and other equipment and facilities. Use of such equipment and facilities is for business purposes only. You must not engage in inappropriate use of those facilities. The Company or the client may monitor, on a continuous and ongoing basis, your use of such equipment and facilities. You consent to such monitoring and surveillance. You must comply with any policies governing such equipment and facilities.
- WORK HEALTH AND SAFETY: You acknowledge the importance of maintaining a safe work environment and agree to:
- take reasonable care for your own health and safety;
- take reasonable care that your acts or omissions do not adversely affect the health and safety of other persons;
- undertake all induction and other training and comply with all policies and reasonable instruction given to you by the Company and the client to provide for work health and safety;
- do not commence any task or work in respect of which you have not received training and instruction in respect of safety, and notify the Company and the client immediately;
- immediately notify the Company if there are any changes in the work you are assigned to perform for the client; and
- immediately notify the Company of any injury or accident occurring during your Assignment.
- CONFIDENTIAL INFORMATION: You acknowledge that in your employment you will have access to and knowledge of Confidential Information belonging to the Company and the Client, you will be trusted with this information and you will create Confidential Information. You agree that:
- you will not, either during or any time after your employment, use or disclose to any person, whether for their own gain or another’s gain or for any other business, any Confidential Information other than in the proper course of the performance of your duties;
- you will hold the Confidential Information in trust and confidence, and ensure the Confidential Information is kept securely; and
- you will use all reasonable endeavours to prevent the unauthorised use or disclosure of Confidential Information by third parties and assist the Company and the client as required to protect the Confidential Information, including provide assistance in any legal action.
“Confidential Information” includes any trade or business secrets; including without limitation, client, customer and supplier information, pricing information, marketing information, contract information, strategic information, business plans and financial information, and any other information that you know or reasonably ought to know to be confidential or sensitive to the business of the Company and /or the client.
- INTELLECTUAL PROPERTY: You agree that the client will own (solely and exclusively) all intellectual property rights in any works (including all existing and future intellectual property, designs, drawings, inventions, reports, proposals, forms and any other material) created, generated or contributed to by you in the course of, or in connection with, your Assignment to the client.
You irrevocably assign to the client (or any related entity as necessary) all existing and future intellectual property rights and you unconditionally and irrevocably consent to all acts and omissions whether occurring before or after this consent, committed by the client, its related entities or by its officers, servants or agents that may infringe any or all of your moral rights.
“Moral rights” means the right of integrity of authorship, the right of attribution of authorship of work and the right not to have authorship falsely attributed, which rights are created under the Copyright Act 1968 (Cth), and any other moral right capable of protection under the laws of any other jurisdiction.
- SOCIAL MEDIA: You must ensure that any content or material published by you using any social media tool:
- is in full compliance with all confidentiality obligations;
- does not infringe any intellectual property rights of the Company and its clients;
- does not breach any contractual obligations;
- does not bring the business of the Company or its clients into disrepute;
- does not bring the employee into disrepute in a manner that could reflect adversely on the business of the Company or the client;
- is not obscene, offensive, threatening, derogatory, harassing, hateful to another person or organisation and in particular: the Company and the client, their employees and contractors, and other business with whom you or the Company have dealings; and
- is otherwise accurate and not misleading or deceptive.
- TIMESHEETS: You are required to keep timesheet of all hours worked for each client and gain approval from the client for overtime hours prior to being worked. You must submit a signed timesheet to the Company on a weekly basis.
You may be asked to work reasonable additional hours from time to time, and you agree to make yourself available to perform such additional hours as may be requested and approved by the client.
- REMUNERATION: You will be paid an hourly rate of pay which, to the greatest extent possible, is paid in full satisfaction and discharge of, and can be set-off against, any and all entitlements (including allowances, loadings, overtime, penalties and other entitlements however expressed) under any industrial instrument (including any modern award or enterprise agreement) or industrial law, that is or may be applicable to your employment.
- SUPERANNUATION: Superannuation will be paid in accordance with legislative requirements, as amended from time to time.
- LEAVE: You shall be entitled to unpaid leave in accordance with applicable legislation as amended from time to time.
You must discuss requests for leave with the Company and client before planning such leave, to ensure that business needs are met.
For any absence for personal/carers reasons, the Company may require evidence of your inability to attend work.
- TERMINATION: Your employment may be terminated immediately without notice if you engage in serious misconduct.
If the Company or client to whom you are assigned cancels its contract with the Company for any reason including performance or conduct (other than serious misconduct) on your part or if the client requests your replacement
For a casual employee, notice to terminate is by giving of one day’s notice.
You must provide the Company with at least 2 weeks’ notice of resignation. Fixed term employees are expected to work to the agreed end date.
- RETURN OF PROPERTY: On termination of your employment you must return all property, including all equipment, documents, Confidential Information, keys, and credit cards, which belong to the Company, (or a related entity) and/ or the client.
You must not record, remove, reproduce or otherwise retain any materials containing any Confidential Information or Intellectual Property in any form.
- RESTRAINT: You agree that during your employment and for a period of 12 months following the cessation of your employment, you will:
- immediately notify the Company should you be offered an assignment or work with a Client or are approached by a Client to work for it; and
- not accept an offer of employment from a Client (without first notifying the Company and obtaining written approval of the Company).
For the purpose of this clause “Client” means:
- the client of the Company in respect of which you are presently assigned, or last assigned before the conclusion of your employment;
- any client of the Company in respect of which you had otherwise been assigned in the last 24 months of your employment; and
- any client or prospective client of the Company in respect of which you were introduced to, or interviewed by, for the purposes of work, for the Company.
- PRIVACY: You authorise the Company to use and disclose any of the personal information you have provided to it for the purpose of obtaining assignments with clients or prospective clients.
- AGREEMENT: Any previous understanding, agreement, representation or warranty is replaced by this contract and has no further effect. This contract is governed by the law in force in New South Wales.