Terms Of Engagement For Temporary Workers
PARTIES Employer: Exel Workforce Pty Ltd
AND Employee: The Employee named in the Employee Signature Clause of this Agreement – Clause 10 of this Agreement
1. DEFINITIONS
Act means the Fair Work Act 2009.(Cth) as varied or replaced from time to time.
Agreement means this agreement.
Assignment means placement as one of our employees to perform work for one of our clients on an on-hire basis as described in a SAC.
Client means a Client of ours with whom we have an agreement to provide on-hire worker services and to whom you may be assigned to work from time to time.
Employee means the Employee covered by this agreement.
Employer means Exel Workforce Pty Ltd
NES means National Employment Standards
PPE means Personal Protection Equipment
Parties means the Employer and Employee.
Privacy Act means the Privacy Act 1988 (Cth) as varied or placed from time to time.
Regulations means the Fair Work Regulations 2009.
Related Body Corporate has the same meaning as the Corporations Act 2001 (Cth) as amended from time to time
SAC means Summary of Assignment Conditions
Us/our/ourselves/we means Exel Workforce Pty Ltd as referred to in Employer
Workplace Law means an award, modern award (and any individual flexibility arrangement made under a modern
award), industrial instrument, enterprise agreement (and any individual flexibility arrangement made
under an enterprise agreement), rule, order or legislative requirement that apply to any employment
entered into in accordance with the Agreement
You/your means the Employee
2. DURATION AND SCOPE OF THE AGREEMENT
2.1 This Agreement shall commence after you have registered with us and requested that we arrange Assignments for you. You will
be deemed to have accepted the terms of this Agreement, regardless of whether you have signed it if you accept an Assignment with us after you have received a copy of this Agreement.
2.2 If the provisions of the Act, Regulations or any Workplace Law apply to any employment entered into in accordance with this
Agreement, those provisions, so far as is permissible at law, are not to be implied or imported into this Agreement or any contract
2.3 This Agreement and any SAC issued to you from time to time in relation to an Assignment with a Client shall:
a) form the terms and conditions of your employment; and
b) shall be read in conjunction with any Workplace Law that applies to your employment.
2.4 If the provisions of the Act, Regulations or any Workplace Law requires the payment or grant to you of any amount of wages,
penalties, allowances, benefits, contributions, or any other entitlement whatsoever, whether financial or non-financial in nature,
the same will, to the maximum extent permitted by law, be absorbed in and set off against the remuneration in this Agreement and the rates, entitlements and benefits set out in the SAC that applies to your employment.
3. EMPLOYMENT STATUS AND ENGAGEMENT
3.1 When one of our Clients requests that we provide an employee to perform an Assignment, we will consider whether you are suitable to do the type of work requested, provided you have advised us that you want work and are available for work. If we consider that you may be suitable we may offer to employ you to undertake the Assignment.
3.2 Neither your registration with us, nor anything contained in this Agreement, creates any relationship of employment. However each time you accept an Assignment, you will be entering into a new contract of employment with us. The terms of those contracts will include the terms of this Agreement that apply to Assignments, the SAC and such other terms as may be agreed at the time.
3.3 If you are offered an Assignment you will be employed by us as a casual employee and will paid the hourly rate which includes a casual loading specified in the SAC for the Assignment in lieu of paid leave, redundancy pay and the other entitlements associate
3.4 There is no obligation on us to offer future or ongoing Assignments to you.
3.5 We may change or terminate an Assignment and you have no right to ongoing employment on any particular Assignment
3.6 There is no obligation on us to offer the same or similar terms and conditions of Assignment when commencing a new Assignment or a new role in an existing Assignment.
3.7 A SAC may be provided by us in writing or verbally and may be varied from one Assignment to another and from one Assignment
3.8 Each SAC stands alone and shall not be incorporated or read into this Agreement in any way whatsoever.
3.9 Any employment relationship is and remains between the parties to this Agreement and no employment relationship exists or shall be created between you and any Client of ours to whom you may be assigned to perform work.
4. RESPONSIBILITIES
4.1 If you have told us that you are available for a particular period, you must make every reasonable effort to ensure that you remain available to accept an offer of an Assignment in that period.
4.2 You warrant that:
a) you possess the skills, experience and qualifications set out in any resume provided to us or forms you complete in connection with your registration;
b) you are lawfully entitled to work in Australia;
c) you will ensure that any relevant registration, license or accreditation is renewed regularly and copied to us (if applicable and provided you still want to work with us);
d) your level of health and fitness is suitable for the performance of the genuine occupational requirements of work of the type that you are seeking and of any Assignment that you accept;
e) you will not attend work if:
i. your ability to function effectively and safely is limited; or
ii. it reasonably appears that the working environment is or has become unsafe for any reason, including that
the Client:
• has not established safe work procedures; or
• is not complying with safety standards; or
• is not maintaining plant and equipment; or
• is not complying with any health or safety legislation or regulations;
f) you will advise us with as much notice as is reasonably practicable if you are or become limited in your capacity or unable to work for any reason including, but not limited to:
i. another unavoidable commitment;
ii. injury;
iii. illness;
iv. fatigue; or
v. as a result of circumstances arising under clause 4.2(e);
g) unless absent through illness or injury, you will during working hours give as much of your time and attention to the performance of the Assignment as reasonably possible;
h) you will complete any Assignment accepted by you, unless you obtain our consent not to complete an Assignment. We will not unreasonably withhold our consent;
i) you will comply in every respect with our directions, working methods, policies and procedures, guidelines and standards as issued and updated from time;
j) you will follow the lawful and reasonable directions of the Client in respect to which you have accepted and Assignment;
k) you will complete time sheets (or similar documents), have them signed by the Client (or its authorized person) and submit them to us each Monday (or such other day as we advise) to enable payment;
l) you will use your best skill and judgment;
m) you will observe safe work practices;
n) you will work in accordance with relevant standards/competencies;
o) you will abide by all laws relevant to the Assignment;
p) you will abide by any legislation and workplace policies in relation to:
i. workplace health and safety;
ii. discrimination;
iii. equal opportunity; and
iv. ethical conduct;
q) you will advise of any injuries you suffer or incidents in which you are involved whilst on assignment and in which someone is injured or suffers any loss as soon as possible and complete an incident report if requested by us;
r) you will inform us if a Client asks you to work any shift or hours additional to those set out the SAC;
s) you will notify us of any grievance in relation to an Assignment and will not raise such grievance with a Client unless we authorize you to or it relates to threats to your health and safety.
t) you will not accept work, whether casual or permanent, part-time or fulltime, offered to you directly by one of our Clients with whom you have worked, but will refer the Client to us in the event that any such offer is made;
u) you will maintain confidentiality and privacy of information coming into your possession from whatever source to the extent consistent with proper performance of your duty to act in our best interests;
v) you will attend our office punctually and at your own costs whenever reasonably required by us to do so;
w) you will present for work in neat and orderly dress and appearance and will dress in accordance with any reasonable directions from us or the Client.
x) you will give us seven (7) days notice in writing of any intention to terminate your registration with us and will thereupon return any of our property which you hold;
y) you have undergone or will undertake an induction program relevant to assignments that you may be offered and that you will not undertake Assignments unless you fully understand all components of the induction program.
5. TERMINATION
5.1 We can terminate your employment on an Assignment and/or terminate this Agreement on such minimum notice (if any) as may be required by law, so far as is permitted by payment in lieu of notice, for reasons that include but are not limited to:
(a) any material breach of the rights and obligations that apply to Assignments;
(b) you being charged with any criminal offence or you being involved in any conduct which is unprofessional or breaches any of our rules or standards in relation to ethical behaviour and which in our reasonable opinion brings you or us into serious disrepute or you being involved in conduct that causes imminent and serious risk to health and safety;
(c) misconduct;
(d) you being lawful excluded from a worksite by reason of industrial action, civil commotion or unrest, equipment
breakdown, any stoppage of work for which we are not responsible; or
(e) at our discretion.
5.2 If you are absent from an Assignment for a period of three consecutive rostered shifts without notifying us or obtaining our
consent you shall be deemed to have terminated the employment by abandonment.
5.3 Upon termination of employment, you shall immediately return all documents, publications, manuals (whether in hard or soft
copy), corporate uniforms and other property in your possession as a consequence of that employment.
6. PERSONAL INFORMATION
6.1 You acknowledge that in order to assess your suitability to perform Assignments we may need to collect use and disclose
personal information about you. Personal information is any information or an opinion (whether true or not) about you and may range from the sensitive (for example your medical history or any medical condition that you have disclosed to us) to the everyday (for example your address and telephone number). It would include the opinions of others about your work performance or work experience and qualifications, aptitude test results and any other relevant information obtained by us in connection with your possible Assignment.
6.2 You agree that you will not hold us, our directors, officers, employees or consultants or any third party (including a referee, former employer, client or potential client) liable for any detriment that might arise from the collection, use or disclosure of your personal information and that we may transfer personal information to shareholders, professional advisors or a Related Body Corporate, without breaching your rights under the Privacy Act. To the extent that the Privacy Act applies to the information you provide to us, you agree and consent to us storing and disclosing that information in accordance with our privacy policy as varied from time to time. A copy of the Privacy Policy can be found on our website www.driverhire.com.au alternatively you can request a copy
from your local office.
6.3 Your acknowledgments and agreements however do not apply:
(a) to personal information that is not necessary for one or more of our functions or activities; or
(b) for the benefit of any person who collects uses or discloses your personal information otherwise than in good faith.
6.4 You authorise us to communicate the details of your acknowledgments and agreements about your personal information to any third party to whom they relate, acknowledging that we and such third parties might rely upon those acknowledgements and agreements and are entitled to act upon them.
7. CONFIDENTIALITY
7.1 You acknowledge that ownership of all inventions, improvements, designs, creations, development and other intellectual property relating to or deriving from any of the work performed by you during an Assignment shall be the property of us and/or the relevant
Client.
7.2 You agree that you will not use or attempt to use any confidential information of ours or our Clients for any purpose other than the purpose of our or the Client’s business.
7.3 You shall not make improper use of any Assignment or of information that may be acquired by virtue of any Assignment or employment, to gain advantage for yourself (or any other person) to the detriment of us or our Clients.
7.4 All matters pertaining to our business and any Clients business must be kept strictly confidential. These obligations apply both during and after any employment with us and following cessation of any Assignment with a Client. Failure to comply with this may result in disciplinary action, which may include termination of employment and/or termination of an Assignment. During the course of any employment with us, you may learn confidential information either about us, our business or the business or service needs of our Clients. Unless you obtain express permission from us to do so, you must not disclose or use any confidential information you obtain.
7.5 Confidential information shall include any information that is not available to the public.
8. NO WAIVER
Failure or omission by us at any time to enforce or require strict or timely compliance with any provision of this Agreement or of a SAC will not affect or impair that provision in any way or any remedies we may have in respect of any breach of any such provision.
9. GOVERNING LAW
This Agreement will be governed by, construed and take effect in accordance with each state and territory laws in force and the parties submit to the non-exclusive jurisdiction of the Courts existing in each state and territories.