1. Scope of this Agreement
2. SCR Service
2.1 We will ensure that prior to commencing the assignment, all workers have a pre-employment induction that includes an awareness of:
a) Workplace health & safety
b) The potential consequences of breaching workplace health and safety obligations
c) The importance of compulsory reporting and elderly abuse
2.2 SCR will ensure that each of our workers supplied to perform the services has:
a) Appropriate professional qualification to complete the assignment
b) An NDIS Worker Check – valid for 5 years, or a current police check indicating that the person has never been convicted of murder, assault or sexual assault – valid for 3 years
c) A Statutory Declaration to be signed indicating that the person has never been convicted of murder, assault or sexual assault in a country other than Australia
2.3 SCR will keep on file for every on-hire employee, to be supplied as requested by you, the below documentation:
a) Appropriate qualifications for the role requested
b) Relevant training certificates or signed training stat dec
c) An NDIS Worker Check – valid for 5 years, or a current police check indicating that the person has never been convicted of murder, assault or sexual assault – valid for 3 years
d) 100 points of ID
e) AHPRA registration check (when required)
f) Proof of experience e.g. payslips and/ or statement of service to assure correct rates are being both paid and charged
g) Proof of working rights, e.g. VEVO check for non-Australian citizens
h) Two reference checks
2.4 Our charges will be based on the number of hours that our on-hire employee works on the assignment, with a minimum charge of four hours per day shift applying
2.5 A Cancellation fee equivalent to two hours will be charged if the shift is cancelled within four hours of commencement
2.6 A Cancellation fee equivalent to four hours will be charged if the shift is cancelled at the time of shift commencement.
2.7 At the end of each shift, the client will sign the Time Sheet of the on-hire employee to verify hours worked, and/or accept the valid geotagged clock in and clock out verification via SCR's nominated online scheduling system.
3. The Assignment
3.1 SCR shall use reasonable skill and care in the sourcing, Introduction and supply of Temporary Workers to the Client
3.2 SCR shall make every reasonable effort to ensure that a Temporary Worker suits the Client’s notified requirements. Insofar as a Temporary Worker or third parties provide details relating to the Temporary Worker, SCR shall use reasonable endeavours to ensure these details are correct but provides no warranty to such effect. SCR will not be liable for any loss or damage as a result of such incorrect information and the Client acknowledges that it is responsible for undertaking its own investigations to verify any information is correct.
3.3 For an Assignment, the Client shall approve timesheets on a weekly basis. Signature or e[1]mail approval of a timesheet by a Client shall be deemed evidence of satisfaction with a Temporary Worker and an agreement to pay for the hours or days recorded on a timesheet. Online timesheets (if applicable) will require online approval by the Client on an equivalent basis.
3.4 The Client is responsible for the direction, control and supervision of the Temporary Worker for the duration of the Assignment. SCR will not be liable for losses, liabilities, costs and expenses incurred by the Client or their respective employees or clients arising from the Temporary Worker’s acts, errors or omissions for the duration of an Assignment.
3.5 Because our workers work under your supervision, direction and instruction:
a) We make no representation or guarantee that they will achieve a certain level of performance, achieve a certain outcome, solve a particular problem, or attain a specific goal;
b) We will not be liable to you for, and you will hold us harmless against any liability for, damage, loss or injury of whatsoever nature or kind, however, caused whether directly or indirectly and whether by our negligence or that of one of our workers (including their servants or agents) whilst they are working under your supervision, direction or instruction
c) Does not reduce our liability, directly incurred, to the extent to which it may have contributed to any such damage, loss or injury;
3.6 Consultation, Co-operation and Co-ordination:
a) You acknowledge that you are responsible, in conjunction with us (in accordance with our statutory responsibilities), for the work health and safety of our workers on-hired on assignment to you.
b) You agree to consult, co-operate and co-ordinate activities, with us and with any other person who has a duty in relation to the same matter with regard to the work, health and safety of our workers in accordance with the requirements of the Model Work Health & Safety Laws or any other law relating to health and safety in the workplace, including those of any relevant work health and safety code of practice or interpretative guideline that is promulgated under legislative authority.
c) All consultation with us on work health and safety matters will be conducted through our Nominated Contact Person identified in the relevant assignment description and any other necessary party.
3.7 An Assignment commences when the Temporary Worker begins work for the Client and a waiver of that or any other right or remedy. No waiver or amendment of any clause will be effective unless confirmed in writing to the other Party and in the case of SCR, by a director of SCR.
4. The Fees
4.1 Prior to the start of the Assignment the Parties will agree the hours to be worked by the Temporary Worker during the Assignment and the hourly or daily rate that the Client will pay to SCR.
4.2 Unless otherwise specified at the time of booking, a Registered Nurse performing a night shift will include an RN in charge loading.
4.3 Unless otherwise specified at the time of booking, an Assistant in Nursing / Personal Care Worker performing a medicator shift will include an AIN Medicator loading.
4.4 Where a Temporary Worker works in excess of 10 hours per day or 38 hours a week, the Client will pay to SCR an overtime rate, as agreed by the Parties.
4.5 All travel and accommodation expenses will be charged back to the Client as agreed for the Assignment.
4.6 SCR will invoice the Client on a weekly basis for the hours or days worked by the Temporary Worker.
4.7 SCR will promptly pay all wages due to the Temporary Worker, WorkCover premiums, superannuation contributions and payroll tax (if applicable) for the Temporary Worker.
4.8 SCR reserves the right to increase the hourly rate or daily rate and overtime rate in accordance with any increase in any award, wage rate or statutory charge governing the remuneration to be paid by Sanctuary Recruitment the Temporary Worker.
4.9 In addition to clause 4.5, SCR may adjust the hourly rate, daily rate and overtime rate annually on 1st January by no more than 5% unless required by larger increases to CPI
4.10 A fee shall be due and payable under this Agreement regardless of whether the Temporary Worker was previously known to the Client on the date of Introduction.
5. Payment & Additional Costs
5.1 Additional costs will only be incurred with the Client’s approval and charged at rates agreed. These will be payable by the Client, even if the Temporary Worker is not placed in the Assignment.
5.2 The Client shall pay all invoices within 7 days of the date of invoice.
5.3 The Client is deemed to have accepted the invoice if no dispute is raised within 7 days of the date of invoice. Overdue payments are subject to interest on the amount unpaid from the due date to the date of payment at a daily rate 4.5% per annum above the cash rate of Reserve Bank of Australia.
5.4 A dispute will not affect payment of non-disputed fees on the same invoice or the payment of any other invoices due by the Client and the Client shall have no right of set off.
5.5 All fees are GST exclusive. GST shall be charged on fees due at the prevailing rate and on such aspects of any other charges as is required by law.
5.6 Any costs incurred by SCR in recovering amounts overdue shall be payable by the Client.
5.7 All agreed recharged candidate expenses booked through SCR will incur a management fee which will not exceed 10%
6. Employment or Engagement by the Client
6.1 The Client shall inform SCR and shall pay the fee that would have been due to SCR when:
a) No Assignment occurs initially, and an Introduced Temporary Worker is employed or engaged by the Client in any capacity within 12 calendar months from the Introduction;
b) The Temporary Worker is Introduced (directly or indirectly) by the Client to a third party who employs or engages the Temporary Worker to work in any capacity within 12 calendar months of the initial Introduction (irrespective of whether an Assignment occurred) or within 12 calendar months from the end of the Assignment; or
c) During the Assignment or within 12 calendar months of the end of the Assignment the Client offers work directly to the Temporary Worker; then: the Client will inform SCR, provide SCR with full details of the remuneration paid to the Worker and pay SCR a fee of 25% of the base annual salary plus superannuation and guaranteed bonus offered.
7. Termination of Assignments
7.1 Either Party may terminate the Assignment with notice. The notice to be given by both Parties will be agreed by the Parties in writing (or via email) prior to the commencement of the Assignment.
7.2 The Client may give SCR notice to terminate the Assignment of a Temporary Worker immediately if a Temporary Worker commits any act of dishonesty, serious misconduct or gross negligence.
7.3 SCR (and not the Client) will advise the Temporary Worker that the Assignment has been terminated and for the avoidance of doubt the Client will be responsible for any claims by the Temporary Worker where it fails to follow this process.
7.4 If a Temporary Worker’s Assignment is terminated for whatever reason, the Client shall pay SCR for the time actually worked by the Temporary Worker (including notice) and shall submit timesheets to comply with this clause up to the termination.
7.5 The Client may elect to make payment in lieu of the Temporary Worker’s notice.
8. Other Obligations Regarding the Temporary Workers
8.1 SCR will use reasonable endeavours to ensure that the Temporary Worker assigns to the Client the intellectual property rights in any work produced by the Temporary Worker for the Client as part of an Assignment.
8.2 The Parties will each comply with the obligations placed upon them by the relevant Work Health and Safety laws and regulations in order to ensure as far as reasonably practicable the health and safety of the Temporary Workers. The Client will consult, cooperate and coordinate with Sanctuary Recruitment on health and safety matters for Temporary Workers. This includes but is not limited to allowing SCR or its agents reasonable access on notice to any workplace where the Temporary Worker will perform the Assignment.
8.3 The Client will notify SCR in writing of the relevant client industry award applicable to the Temporary Worker.
9. NDISWC / Police Checks
9.1 We will ensure that each worker providing services to you has a NDIS Worker Check – valid for 5 years, or a current police check indicating that the person has never been:
a) Convicted of murder or sexual abuse
b) Convicted of, and sentences to imprisonment for, any other form of assault
9.2 In the case of a new worker being employed by us we will ensure:
a) That an application for a NDIS Worker Check has been made before they work with you;
9.3 A Statutory Declaration as prescribed by the Commonwealth Statutory Declarations Act 1959 must be signed that indicates that they have never been convicted of:
a) Murder or sexual abuse; or
b) Convicted of, and sentenced to imprisonment for any other form of assault
9.4 In the event that the worker was a citizen or permanent resident of a country other than Australia after they reached the age of sixteen (16) years old a Statutory Declaration form as prescribed by the Commonwealth Statutory Declarations Act 1959 must be signed that indicates that they have never been:
a) Convicted of murder or sexual abuse; or
b) Convicted of, and sentenced to imprisonment for any other form of assault
10. Uniform & Identification
10.1 SCR will ensure that all workers are wearing a SCR branded uniform along with photo identification (including AHPRA registration number where necessary)
11. Insurances
11.1 We will take out and maintain valid and enforceable insurance policies required to perform the on-hire of workers including public liability, professional indemnity and workers compensation.
12. Client Responsibilities
12.1 You will:
a) Provide us with full and accurate information about the job requirements relevant to the assignment;
b) Not on hire or resupply our workers to any other person or organisation;
c) Provide a proper induction of our workers which includes but is not limited to instruction on use of equipment, workplace health and safety and standard operating procedures for the workplace;
d) Notify your SCR contact person if a proper induction of our worker cannot be conducted by you and you require our services to complete it;
e) Allow us to undertake periodic safety assessments and orientation of the workplace and provide us with the copies of completed safety audits, operational memos or minutes of any WHS meetings upon request;
f) Not allocate tasks or responsibilities to our workers to require our workers to perform or participate in work, other than in accordance with the relevant assignment description;
g) Not request our worker to perform or participate in any work or use any equipment with which they are unfamiliar or in respect of the use of which they are unqualified or have not received adequate training
h) Supervise, instruct and direct our workers properly at all times whilst they are on assignment to you;
i) Comply with your obligations to our workers pursuant to all relevant laws, including laws relating to workplace health and safety, discrimination and harassment;
j) Provide safety consumables to our workers where appropriate;
k) Inform our workers and us promptly of any unusual workplace risk or practice or of any chance in site or safety conditions that may present a hazard to our workers;
l) Comply with our reasonable requests to ensure the workplace health and safety of our workers and to rectify promptly any deficiency in the provision of a safe work environment or safe systems of work, that in our reasonable opinion would pose a threat to the safety of one of our workers or to any other person who may attend a place at which work is or may be performed by one of our workers under an assignment;
m) Ensure that our workers will be covered by the following insurance policies, or other suitable and permissible statutory indemnity or self-insurance arrangements, whilst working on assignment with you:
n) Public liability
o) Workers compensation under applicable legislation in the relevant jurisdiction; but only if the legislation casts that responsibility on you;p) Report to us any performance issues in relation to our workers in a written format, so that we can manage the feedback process with our workers;
q) Forward to us promptly a written notification of any workplace incident and/or accidents that may give rise to a claim by, against or involving our workers
r) Ensure that you advise us of free training available to our workers as well as other courses and conferences available to them;
s) Maintain the confidentiality and privacy of information we provide to you about our workers, whether written or verbal, including the fact that they may be looking for work
12.2 You acknowledge that we are not performing the services set out in the assignment description, but are instead the supplier of our workers, that you have requested to fulfil the assignment
12.3 Whilst on assignment to you, workers, who are your employees, will be under your day-to[1]day control and you will be responsible for their supervision and direction
13. Confidentiality
13.1 The Parties will hold information of the other that can be reasonably regarded as being confidential or is notified as being so by the disclosing Party (including this Agreement and details of any Temporary Worker), in confidence and will not disclose such information without the consent of the other Party unless required by law or it has already been made available to the public other than through a breach of this clause.
14. General
14.1 Neither Party shall be liable to the other under or in connection with this Agreement for any indirect or consequential loss, loss of profits or loss of revenue. Nothing in this Agreement limits any warranty or right imposed by statute or regulation to the extent that it cannot lawfully be limited or limits either party’s liability for its fraud (including fraudulent misrepresentation).
14.2 The Client will not during the course of this Agreement and for a period of 12 calendar months thereafter (either on its own account or for any other individual or organisation) directly or indirectly induce, entice or solicit away or try to induce, entice or solicit away from SCR any individual who is an employee, director or consultant of SCR.
14.3 If the Client employs or engages any person in breach of clause 14.2, the Client shall pay to SCR on demand the sum equivalent to 35% of the base annual salary plus superannuation and guaranteed bonus of such person. The Parties agree that this is a genuine pre-estimate of loss.
15. Definitions
15.1 In these Terms and Conditions, the following words are defined as follows:
a) “Assignment” means the temporary role being or to be performed by a Temporary Worker for the Client.
b) “Business” means work performed by SCR in relation to the sourcing of Temporary Workers including, but not limited to, SCR receiving instructions from the Client for an Assignment, long/short listing of Temporary Workers, Introducing a Temporary Worker, the arrangement of an interview by SCR or any other subsequent act in the sourcing or supply of a Temporary Worker, or other ancillary acts associated with this Agreement;
c) “Client” means you or any of your Related Bodies Corporate as defined in the Corporations Act 2001.
d) “Introduced” means (i) the sending of a Temporary Worker’s CV or other information which expressly or impliedly identifies the Temporary Worker (ii) the arrangement of an interview whether at a face-to-face meeting, by telephone or by web/video conference with a Temporary Worker; or (iii) the introduction, by whatever means, by SCR to the Client or the Client to a third party (as applicable) that enables the Temporary Worker to be identified and “Introduction” and “Introduce” shall be construed accordingly;
e) “SCR” means Sanctuary Contract Recruitment Pty Limited;
f) “Temporary Worker” means any individual Introduced by SCR to the Client and / or who undertakes an Assignment;
g) “GST” means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999