Temporary staff terms and conditions

Introduction

1.   This document sets out the temporary staff terms and conditions for any services entered into with Burgess Paluch Legal Recruitment Pty Ltd (“Burgess Paluch”) for the engagement of temporary or contract candidates.

2.   Engaging Burgess Paluch to carry out any of the functions described in this agreement is acceptance of these Terms and Conditions.

Temporary Fees

3.   You are charged for the actual hours worked by the temporary employee, with a minimum charge of 4 hours. You pay one amount invoiced weekly (payable strictly within 7 days) and Burgess Paluch makes all associated payments including payroll tax, superannuation and workers’ compensation.

4.   Rates may be based on relevant Awards and statutory charges, which can be subject to changes. Rates are negotiated at the time of listing the position and are based upon the required skills and relevant awards and negotiated with the candidate. We reserve the right to charge interest at the rate of 10% per annum, for each week that any invoice remains outstanding from the due date to the date of actual payment, compounded monthly.

Awards

5.   Temporary staff employed by Burgess Paluch sometimes work under the conditions of an Award. For temporary staff and contractors, unless otherwise agreed in writing:

(a)  Overtime payments apply. Generally, overtime applies when a temporary employee works more than 8 hours in one day or more than 38 hours in a week, or on weekends and public holidays. It is your responsibility to ensure that overtime is authorised and consideration is made of the resultant expense.

(b)After continual employment for 12 months or more with the same employer, temporary staff may be entitled to sick leave pay and payment for public holidays (if the employee works the business day before and the business day after the public holiday.) If this occurs you are charged at cost, being the employee’s pay rate plus on-costs, excluding any margin.

(c)  While a suggested length of assignment can be noted, employees are not bound by such periods and fees apply for the actual hours worked, regardless of whether the employee completes the suggested length of assignment.

(d)Where the duties performed by a temporary employee change and would result in a rise in hourly pay to that employee under an award, it is your duty to notify us of those changes and to meet and resulting increase in hourly payments or backpayments as may occur. Where an award changes then any resulting increases are borne by you.

Other Engagement of Temporary or Contract Staff

6.   In the event that an engagement is made between your company and the staff we provide during an assignment or within 12 months after the conclusion of an assignment, either directly as an employee or in any other capacity for any period of time, you agree to pay to us a separate placement fee. This fee will apply to any engagement made between any temporary employee/contractor introduced to you by us and your company, or any associated, company or entity. Such a fee will also apply where our temporary employees are transitioned to any other recruitment agency or business during the term of their assignment to your company.

7.   Should you pass on an introduction of a candidate which results in an engagement of the candidate in the capacity of an employee or any other capacity in which the candidate receives remuneration for the provision of their services to any company including associated divisions, companies, firms or entities or any unrelated employer, you will be liable to pay a permanent placement fee as if the candidate had been engaged by you, payable on invoice by us.

8.   All fees are based on relevant permanent placement fees as stated in our current standard Terms and Conditions, available from your consultant.

Liability

9.   While we endeavour to refer suitable candidates to you, under no circumstances do we, our servants or agents, make any warranty, accept any liability or take any responsibility for the accuracy or truthfulness of information given to us by a candidate and provided to you (except as may not be excluded by law.) Under no circumstances shall we, our servants or agents have any liability in negligence or any other tort, contract or cause of action (except as may not be excluded by law) for any loss, damage or other costs irrespective of how they are caused which you may suffer or for which you may become liable arising out of or in connection with the introduction of a candidate to you.

10.Any loss or damage caused directly or indirectly by a candidate introduced to you by us is the sole responsibility of the host employer and the candidate. By engaging the candidate under this agreement in any capacity in which they are receiving remuneration for their services, you agree to waive any and all claims you have or may have in the future against us in relation to any loss or damage caused directly or indirectly by a candidate.

Your Obligations

11.If you wish to contact candidates directly you must seek our permission. If you make an offer to any candidate directly you must provide us with a written copy of any offer document. If the offer is made orally you must inform us immediately of the terms of that oral offer, including the annual salary package, title and start date.

12.The information provided to you about a candidate is confidential and may be subject to the Privacy Act.  You must not disclose information about a candidate to third parties, contact a candidate’s employer or conduct any reference checks without authority from us. If requested, we will be responsible for taking references for candidates, at no cost and within the provisions of the Privacy Act. If not requested, you are responsible for undertaking references.

Our Guarantee

13.In the event of a temporary employee being unsuitable or unsatisfactory, provided we are notified within the first 4 hours of commencement, no charge will be made. Once 4 hours have been completed our fees apply in full regardless of the level of satisfaction or suitability, including for the first 4 hours.

Whole Agreement

14.This agreement constitutes the entire agreement for the provision of temporary services and supersedes any prior representations or statements, whether written or oral, made by us in relation to the provision or introduction of a candidate. If any provision is deemed invalid, void or voidable by a court, the remaining provisions shall not be effected.

Governing Jurisdiction

15.This agreement and the provision of services as referred to herewith will be governed by and construed in accordance with the laws of the State or Territory in which this agreement is entered into.

Definitions

16.For the purposes of this agreement any reference to an “employee” refers to a candidate who has been introduced to you by us and has been engaged to provide services under this agreement. It includes any contractor or independent contractor, consultant, or any other worker who is receiving remuneration for the provision of services. The employee may be employed by Burgess Paluch, Entity Solutions Pty Ltd or another entity nominated by Burgess Paluch.

17.For the purposes of this agreement any reference to the “host employer” refers to you in your capacity under this agreement.