Terms of business

PART A: PERMANENT PLACEMENT TERMS

1. DEFINITIONS

2. OUR SERVICES

We provide suitable candidate(s) for prospective positions and arrange meetings between you and the candidate(s). The decision to engage any candidate remains entirely yours.

3. FEES

3.1 An invoice is issued upon the candidate accepting an offer and confirming their commencement date with you. The fee is calculated as a percentage of TEC according to the rate agreed with us.

3.2 TEC includes Base Salary, all Benefits (including company vehicle valued at $18,000 p.a.), superannuation, and any other guaranteed remuneration for the first 12 months. GST is additional and payable at the current statutory rate.



3.3 The fee is payable where a candidate we introduce is employed or engaged by you or any third party within 12 months of CV submission, including indirect engagements via third-party arrangements.

4. GUARANTEE PROVISION

4.1 If a candidate leaves your employment within 12 weeks of commencement for any reason other than redundancy, retrenchment, change of reporting line or role duties, bullying, or circumstances within your control, we will endeavour to replace that candidate at no additional charge, provided you engage us exclusively for the replacement.

4.2 If a replacement candidate's TEC is higher than the original candidate's, you pay the difference in fees. We do not provide refunds. If no suitable replacement is found within 3 months, a credit note for two-thirds of the fee value will be issued, valid for 12 months.

4.3 This guarantee applies only where the fee has been paid in full and on time.

5. PAYMENT TERMS

Invoices are due within 14 days of issue. Payment terms can be varied only by written agreement before the invoice is issued. Overdue accounts incur interest at the rate set under the Penalty Interest Rates Act 1983 (Vic) plus 4% per annum, calculated daily. We reserve the right to recover legal costs and expenses incurred due to late payment.

6. REFERENCES

We conduct candidate references as part of our service, typically before the candidate accepts an offer. We do not accept responsibility for any misstatement, error or misrepresentation made by a former employer or referee.

7. NON-SOLICITATION

You must not approach, solicit, or directly engage any of our employees or contractors at any time while we are providing services or for 12 months after we cease to do so. If you breach this clause, the employee or contractor is deemed a candidate and the placement fee applies.

8. DATA PRIVACY

We comply with the Privacy Act 1988 (Cth) and all applicable privacy and data protection laws. We use personal information only to perform our obligations under this agreement and restrict access to those who need it. You may not make any public statement about this agreement without our prior written consent.

9. CONFIDENTIALITY

Each party undertakes to keep the other's confidential information secret and protected. Confidential information may only be used for performing obligations under this agreement or shared with representatives, legal advisers, and consultants who require it, or as required by law.

10. MODERN SLAVERY

You represent and warrant that you comply with the Modern Slavery Act 2018 (Cth) and take reasonable steps to ensure no modern slavery exists in your supply chains or business. You must notify us immediately of any suspected modern slavery.

PART B: ON-HIRE WORKER SERVICES TERMS

11. ACCEPTANCE & TERMINATION

You accept this agreement by signing it, confirming acceptance, requesting workers, receiving workers, authorising timesheets, or paying invoices. Either party may terminate by providing 10 working days' written notice. Termination does not affect your liability for outstanding fees.

12. ENGAGEMENT & FEES

12.1 You notify us of your requirements with clear instructions. The minimum engagement period is 4 hours; shorter engagements are charged at 4 hours.

12.2 You pay a daily or hourly rate (inclusive of the worker's wage and our margin) plus GST. Charges are calculated from timesheets signed by both the worker and you.

12.3 We may vary our charge-out rate with 2 weeks' notice if there is an increase in statutory wage rates or work-related costs.

12.4 If you or a related entity directly engage a worker within 12 months of CV submission or their last day with us, a placement fee (per the permanent placement schedule) becomes due within 14 days.

13. INVOICING & PAYMENT

We invoice for on-hire services every 7 days. All invoices are payable within 14 days. We reserve the right to charge 8% interest daily for late payment and may terminate this agreement immediately for breach of payment terms.

14. YOUR RESPONSIBILITIES

You must provide accurate information about assignments, not on-hire or resupply our workers, not directly engage them without written agreement or payment of placement fees, immediately notify us of direct engagements, provide proper induction and training, ensure workers are trained and competent, report unusual risks and safety changes, comply with WHS legislation, maintain appropriate insurance (public liability, workers' compensation, motor vehicle), and immediately report any incidents or insurance events.

15. FAMILY DOMESTIC VIOLENCE LEAVE

Family and Domestic Violence Leave (FDVL) under the Fair Work Act 2009 is payable for all on-hired workers. FDVL is not accrued in our charge rates and will be charged to you if taken. You are liable for all FDVL costs and entitlements for workers under this agreement.

16. OUR RESPONSIBILITIES

We are responsible for paying workers, deducting taxes (income tax, fringe benefits tax, payroll tax), workers' compensation (unless law places this on you), and superannuation as required by law. We comply with all relevant industrial instruments, laws and contracts.

17. EXCLUSIONS & INDEMNITY

We make no guarantee that workers will achieve specific performance or outcomes. Because workers operate under your control and direction, we are not liable for damage, loss, injury or claims arising from their acts or omissions, including negligence. We are not liable for claims arising from worker misconduct or failure to perform with due care.

18. TERMINATION OF ASSIGNMENTS

Either party may terminate an assignment by providing 2 weeks' written notice.

19. INTELLECTUAL PROPERTY

Unless otherwise provided, this agreement does not transfer ownership or grant rights in any intellectual property. Any intellectual property created during performance of this agreement is assigned to you. We will obtain necessary moral rights waivers.

GENERAL PROVISIONS

20. SUITABILITY OF CANDIDATES

We make every reasonable effort to ensure candidate suitability. However, we do not accept liability for any loss, expense, damage, cost, claim or delay arising from any candidate. The final decision rests with you. It is your responsibility to satisfy yourself that any candidate meets your medical and other requirements.

21. AGREEMENT FORMATION

It is not necessary to sign this agreement for it to be binding. Passing candidate information to you or your written request for us to commence services constitutes acceptance. No variation or amendment is valid unless confirmed in writing by us.

22. GST

Consideration payable under this agreement excludes GST unless otherwise stated. GST must be paid at the current statutory rate. You are not required to pay GST unless you receive a Tax Invoice.

23. GOVERNING LAW

This agreement is governed by the law of Victoria. Each party submits to the non-exclusive jurisdiction of Victorian courts.