Terms and Conditions
General. Unless otherwise stipulated and agreed in writing, these conditions apply to the provision of personnel by Workforce International Pty Ltd, its subsidiaries and related entities (“WFI”) to the client. No prior correspondence, discussion, representation or other terms and conditions form part of these terms and conditions unless expressly agreed to in writing by WFI. Reference to WFI’s employees in these conditions includes all personnel provided by WFI including any WFI subcontractor. WFI will not be bound by any additional or conflicting conditions unless they are accepted in writing by a senior WFI manager. WFI may change these conditions at any time by giving the client new conditions of hire. Such altered conditions shall apply in respect of all transactions taking place after notification to the client of such altered terms of credit.
Definitions:
Good Reason: shall include non-suitability for the type of work required due to a lack of essential skills, qualifications or training.
Industrial Instrument: shall mean a Modern Award, Greenfield Agreement or Enterprise Agreement pursuant to the Fair Work Act 2009.
WFI: shall refer to Workforce International Pty Ltd (A.C.N: 001775435) and all subsidiaries, related bodies corporate
Related Bodies Corporate: shall have the meaning given in the Corporations Act 2001.
Client: refers to the entity with which WFI contracts to supply personnel in accordance with these terms and conditions.
All-inclusive Rates. WFI’s rates are based on the relevant Industrial Instrument applicable to WFI’s employees and include: workers compensation insurance, public liability insurance, superannuation, payroll tax, industry-based long service leave and redundancy funds (where applicable), employee leave entitlements (sick, annual, long service and public holidays) and/or casual loading as applicable. It is the responsibility of the client to provide WFI with the precise details of the industrial instrument pursuant to which the client wishes the personnel provided by WFI to be employed. In the event that WFI is required to make back-payments to employees due to any error or omission on the part of the client, WFI will have the right to back-charge the client for all such amounts, and such amounts shall become a debt due and owing to WFI by the client.
Terms for Above Award Payments, Site Agreements and Special Allowances. Where any entitlements such as site allowances, dirt money, height money, meal allowance, redundancy, or other allowances are payable, the client will so inform WFI prior to commencement of supply. WFI will then pay its employees in accordance with the client’s instructions and WFI’s charge rates to the client will be adjusted proportionally. If the client fails to disclose to WFI any industrial agreements or entitlements applicable to the site then WFI will be entitled to recover the amount payable in accordance with the procedure above.
Travelling Time. Where applicable a travel charge may be payable in additional to the hourly charge rate, depending upon any applicable award or industrial agreement and/or the location of the client’s site.
Public holidays. Special rates apply for public holidays in accordance with the applicable industrial instrument. These rates are available upon request.
Overtime. Overtime is worked as required by the client and charged accordingly. Overtime will be paid in accordance with the applicable industrial instrument.
Minimum period of hire. The minimum period of hire is four consecutive hours unless applicable award or industrial instrument states otherwise.
Supply of Staff. WFI is not liable for any loss or damage (including without limitation consequential loss or damage) if for any reason WFI is unable to supply the personnel required by the client at any time. Where the client defaults on any of the payment terms; WFI may at its own discretion withdraw its services to the client and any related entities of the client. At the time of the client defaulting in its payment to WFI, all monies, including costs, become immediately due and payable to WFI by the client without deduction or demand.
Client Dissatisfaction. If a client is dissatisfied for good reason with the performance of a WFI employee, they may terminate the employee’s engagement by giving notice of those good reasons to WFI as soon as possible after becoming so dissatisfied. Where that notice is provided within 4 hours of commencement of the assignment, the client will have no liability for fees otherwise payable in relation to the WFI employee’s unsatisfactory services for those 4 hours.
Notice of Cancellation or Termination of Hire. The client agrees to give WFI at least four hours’ notice (prior to scheduled assignment commencement) of cancellation or the termination of hire. If this notice is not given, then WFI will charge the client four hours’ hire at the ordinary hourly rate agreed between WFI and the client.
Occupational Health & Safety. The client accepts that it is responsible for providing a safe and healthy workplace and safe systems of work for all WFI employees and agrees to allow WFI access to the client’s site to carry out workplace inspections, monitor the health and safety of WFI’s employees on site and to investigate any incidents and injuries. The client further agrees to: meet its obligations under all applicable legislation, regulations and approved codes of practice; do all things reasonable and practical to eliminate hazards and control risks to health and safety; coordinate with WFI to provide site and job safely induction for all WFI employees; provide WFI employees with appropriate information, instruction and training to enable them to safely carry out their job; advise WFI prior to any fundamental changes to the workplace, work practices or procedures, plant, equipment, materials or substances which affect the duties of WFI staff in order for them to receive any additional training which may be required; adequately supervise WFI employees at all times; immediately notify WFI of any incident or injury involving a WFI employee; assist in the rehabilitation of WFI employees injured at its site whenever possible by the providing suitable alternative duties.
Inspections Permits and Approvals. The client is responsible for obtaining and maintaining current all necessary permits, approvals and inspections required by law.
Plant and Equipment. WFI does not accept any responsibility or liability for any loss, expense, damage or delay caused by any act or omission of any personnel or contractors supplied to the client. The client must maintain insurance cover in sufficient amount to cover all reasonably foreseeable risks of loss or damage to property, whether to the client’s property or to the property of WFI or another, including but not limited to where such damage is (allegedly) caused or (allegedly) contributed to by any act or omission (negligent or otherwise) of WFI and its employees in respect of this agreement whether they operate the plant and equipment or not and including without limitation all machinery, motor vehicles and other plant and equipment.
Timesheets, Invoicing and Payment Terms. Invoices are rendered weekly accompanied by timesheets signed by an authorised client representative. The signature is to be treated as prima facie evidence that the client agreed that the work has been satisfactorily performed and that the employee worked the number of hours shown. Since the majority of each invoice represents wages which are paid each week to its employees by WFI, unless otherwise agreed in writing all invoices are payable within SEVEN DAYS from the date of invoice. Failure to pay any amount within these terms means default of the payment terms and the whole amount of all and any unpaid invoice becomes immediately due and payable to WFI. Failure to pay invoices in full when they become due may incur an additional interest payment calculated at the rate prescribed by the Civil Procedure Act 2005 (NSW) on all amounts outstanding for periods in excess of seven days from the date of invoice. Thereafter WFI may institute legal proceedings if an account remains unpaid outside the payment terms.
GST. Unless otherwise stated in writing, all payment rates quoted exclude goods and services tax. The client will pay the GST amount to WFI in addition to and at the same time as the payment rates.
Changes to rates. WFI may vary its rates at any time. Reasons may include any change to any statutory on-costs, Fair Work Australia decisions, award variation or public liability insurance premiums, which affects the cost of providing WFI’s employees. WFI will give the client at least one week’s notice of any change to its rates.
Limitation of Liability. WFI is not liable in respect of any loss or damage (whether to property belonging to the client, WFI or to another) or in respect of any death or personal injury (whether sustained by personnel of the client or employees of WFI or another) including but not limited to where such loss or damage or death or personal injury is (allegedly) caused by or (allegedly) contributed to by any act or omission (negligent or otherwise) of WFI or its employees in respect of this agreement. The client further indemnifies WFI and its employees in respect of the matters set out in the aforesaid paragraph and this indemnity shall extend to any legal costs or other expenses, loss or damage that WFI or its employees incur in respect of any allegation that WFI or its employees caused or contributed by any act or omission (negligent or otherwise) to any of such loss or damage referred to in the preceding paragraph. To the extent that any such liability cannot lawfully be wholly excluded, the liability of WFI is limited to supplying the relevant goods or services again or (at WFI's option) paying the costs of replacing the relevant goods or supplying the relevant services again. The client will otherwise indemnify WFI (including all legal costs and other expenses incurred by WFI or its employees) and hold WFI and its employees harmless in respect of all claims or other allegations of liability of the kind mentioned in the preceding two paragraphs brought against WFI or a WFI employee.
Dispute Settlement. Any action in relation to a dispute which may arise out of any agreement between WFI and the client shall be commenced in Sydney and the provisions of the Commercial Arbitration Act 1984 or any other re-enactment or modification thereof being in force at the time shall apply or in any jurisdiction which WFI in its sole discretion decides is the appropriate jurisdiction.
Direct Engagement or Onward Referral of Candidates: Where a candidate engaged by WFI and placed at a client’s site is subsequently directly engaged by that client (or any related body corporate) or pay rolled or transferred to another labour hire agency within one month of that employee’s last placement by WFI at the client’s site, the client will be required to pay to WFI a placement fee in the amount of $3,000 for each such candidate.