By agreeing via email to proceed with the Staffing services outlined to the Client by via email, the Client agrees to pay Staffing’s invoices in full within 7-days for temporary placements and 7 days for permanent placements. The client also agrees to abide by all the Terms of Business herein unless specifically varied in writing and agreed by both the Client and Staffing. 

1.0 Definitions 

1.1 ‘Staffing’ references the Staffing Group ABN 70 687 270 290. 

1.2 ‘Candidate’ refers to any individual who is introduced by Staffing to the Client for the purpose of temporary, contract, casual or permanent positions with the Client. 

1.3 ‘Client’ refers to the person, firm, or organisation to whom a candidate is presented by Staffing. 

1.4 An ‘Introduction’ refers to any details of prospective Candidates either for temporary, contract, casual or permanent positions. This may include (but is not limited to) the provision to the Client of any Candidates details in any format including verbal description, resume, or letter. This introduction may be made verbally, in hard copy or in digital/HTML format. 

2.0 Temporary Staff/Candidate Bookings 

2.1 For the booking of any Staffing employees, staff, or Candidates, the Client agrees to pay for all hours worked by the Candidate knowing that they (the client) are liable for all additional hours (or part thereof) above what is included within the initial quote. Unless agreed otherwise the Client would approve. 

2.2 Additional hours will be charged at the same hourly rate indicated in the initial quote except in the following situations: where the Candidate is required to work more than eight hours in one day, or additional work is required on a Saturday, Sunday, or public holiday. Should this situation arise the client may be charged an overtime rate of time and a half for hours over and above 8 hours per day, and double time for work completed on weekends and or public holidays. The Client also acknowledges and agrees that the minimum shift booking will be 4 hours. 

2.3 If the nature of a role or task of a Candidate changes, or their responsibility increased beyond what was specifically agreed to in a Work Order, Staffing must be notified immediately. 

3.0 Placement Guarantee 

3.1 If any Candidate proves to be unsuitable for you, our client must notify Staffing within four hours of his/her commencement of work and Staffing will provide a replacement as soon as possible without charging for this initial trial period. 

3.2 Failure to notify Staffing will be deemed to constitute acceptance of the suitability of the Candidate supplied and of liability to make payment for his/her services. Where the assignment is cancelled for reasons other than the suitability of the Candidate, a minimum of four hours per assignment will be charged for each Candidate.

4.0 Candidate Charges 

4.1 Staffing is responsible for the payment of all Candidates and for all deductions and payments of statutory levies including income and payroll tax, annual leave, leave loading, public holidays, sick leave, any relevant PAYG, superannuation, workers compensation, and public liability insurance. 

4.2 The hourly rates that Staffing will charge you are set out in the Staffing Quotation or Work Order. Note that hourly rates are payable in accordance with the relevant Award, NAPSA or Site/Enterprise Agreement. 

4.3 Staffing rates are subject to change without prior notification, if such change is necessitated by such factors as statutory increases, variation of position responsibilities or market increases. Any change would be submitted to you in an amended Assignment Confirmation. 

4.4 Staffing reserves the right to negotiate pay rates for Candidates. 

4.5 Staffing endeavours to keep rates as low as possible, and as we pay Candidates on a fortnightly basis, payment of our invoices is required seven days from the date of issue. All accounts past due are subject to a service charge of 2% per month, or part thereof (24% per annum) on all unpaid balances. 

4.6 All invoices for services provided will indicate the hours worked, the charge rates applicable and the calculated final cost of the service. 

4.7 The (temp/contract or perm) employment of any Candidate that Staffing has introduced to the Client, any affiliate, subsidiary company, or company with common directors within a 12-month period from the date of introduction, is subject to our standard fee, detailed in our Schedule of Fees for a perm or contract placement. For temporary placements, fees will be charged inclusive of candidate hourly rate plus on costs and administrative fees of 15% of the hourly rate and on cost being offered to the candidate. 

4.8 The Client agrees to approve a weekly electronic timesheet as confirmation that the Candidate has worked for the hours stated. Approval of this timesheet indicates satisfaction with services of the Candidate and undertaking to make payment. Failure to sign the timesheet does not affect the Client’s liability for hours worked by the Candidate 

4.9 If the Client cancels a Work Order too late for Staffing to prevent the Candidate arriving at the Client’s premises, the Client must pay a four (4) hour service charge (for each Candidate). 

4.10 The Client agrees to abide by Staffing’s 7-Day Payment Terms for temporary staff and 7-Day Payment Terms for permanent placements and accepts that any delay in payment may result in additional fees. Should payment not be received within 7-days of invoice Staffing reserves the rights to submit the Client for debtor blacklisting through VEDA and for all debt recovery expenses to be paid for by the Client. 

5.0 Relationships 

5.1 The Client acknowledges that we are not performing the services set out in the assignment description, but Staffing is instead the supplier of Candidates, to perform the work you have described in the assignment description. 

5.2 Whilst on an assignment, our Candidates will be under your day-to-day control, and you will be responsible for their supervision in a manner consistent with our obligations to our employees under the relevant documentation supplied by Staffing. 

5.3 Staffing reserves all other rights to control the employment relationship of our Candidates, including the right to terminate their employment. 

5.4 If the Client wishes to transition one of our Candidates from temporary to permanent employment, the Client will first speak to Staffing before doing so. This transition is subject to the Schedule of Fees. 

5.5 If the Client is not satisfied with one of our Candidates, the Client may speak to our Candidate in order to give any reasonable instruction, provided that the Client contact Staffing as soon as reasonably practicable to discuss the matter. 

5.6 The Client accepts Candidates at its own risk and releases Staffing from and indemnifies it against any claim or liability for loss or damage arising in any way out of or connected with the introduction of Candidates or the services provided by Staffing. 

5.7 In addition, the Client undertakes to supervise the Candidate and the Client accepts responsibility of all acts or errors by the Candidate be they wilful or otherwise. The Client agrees to provide adequate employers insurance (public liability) cover for the Candidate. 

6.0 Temporary to Permanent Placements Schedule of Fees 

6.1 If the Client hires a Candidate, currently working through Staffing, into a permanent capacity, the full permanent placement fee will apply, unless in the circumstance outlined in 6.2 applies: 

6.2 Should the Client decide to hire a Candidate on a permanent basis, where the Candidate has been working with the Client for more than 3 consecutive weeks prior to the offer of permanent employment, Staffing will reduce the temp-to-permanent placement fee to 15% of salaries. 

6.3 No replacement guarantees are provided on temp-to-perm fees, where the Candidate has been working with the Client for more than 3 consecutive weeks. 

7.0 Safety 

7.1 The Client is required to advise Staffing immediately when there is a change in the job description, work required or safety consideration of the Candidate. 

7.2 The Client is responsible for the provision of safe working conditions in accordance with the provisions of OHS Regulations. Any equipment that is used by a Candidate must also comply with current safety standards and the Client agrees to indemnify Staffing against any claim in the event of negligence by the Client being proven in the event of any injury or accident. Under the OHS Regulation the Client agrees to provide adequate training and supervision to Candidate and provide Staffing with all information pertaining to the position description and relevant hazard/risk management strategies in place to control risk of injury. 

7.3 The Client is responsible for the maintenance of reasonable insurance cover in respect to any claim which the Candidate may have against the Client arising from the Client’s occupation of premises, any act or omission of the Client in relation to machinery. Equipment or vehicles used by the Candidate. 

7.4 The client acknowledges and agrees that Staffing may undertake inspections of workplaces during temporary assignments to ensure the safety of our Candidates. 

8.0 General Matters and Other Responsibilities 

8.1 The Client agrees not to on-hire or re-supply our Candidates to any other person or organisation. 

8.2 The Client agrees not to allocate tasks or responsibilities to our Candidates, or require our workers to perform or participate in work, other than in accordance with the relevant assignment description. 

8.3 The Client agrees not to request our Candidates to perform or participate in any work or use any equipment with which our Candidates are unfamiliar, or which they are unqualified or have not received adequate recognised training. 

8.4 The Client agrees to comply with all relevant legislation relating to workplace or occupational health and safety, discrimination and harassment. 

8.5 The Client agrees to inform our Candidates and us promptly of any unusual workplace risk or practice or of any change in site or safety conditions that may present a hazard to our Candidates. 

8.6 If a Staffing Candidate suffers an injury on the Client site that is compensable under any law relating to workers compensation or occupational health and safety, then the Client agrees to assist with the rehabilitation of that Candidate by providing suitable work (including light duties). Staffing is to be notified by the Client within 24 hours of any working related incident involving a Candidate provided by Staffing. 

9.0 Exclusions & Indemnity 

9.1 Staffing makes no representation or guarantee that any of our Candidates or recommended Candidates will achieve a certain level of performance, achieve a certain outcome, solve a particular problem, or attain a specific goal. 

9.2 Staffing Candidates may be replaced if their ability to function effectively and safely is limited, in which case we may replace them with another Candidate. 

9.3 Staffing Candidates may refuse work if it reasonably appears that the working environment is or has become unsafe for any reason, including, but not limited to the Client: 

• not having established safe work procedures; 

• not complying to safety standards; 

• not maintaining equipment; or 

• not complying with any relevant health or safety legislation or regulations.

• A breach by the client of any obligations as set out in this document. 

• Any act, error or omission of the Client or the Client’s employees, agents or servants or your Clients including, without limitation, any act, error or omission that may contravene the provisions of any legislation. 

9.4 The Client will indemnify Staffing to the full extent of Staffing liability for all damages, compensation (including damages and compensation for personal injury to, or the death of one of our Candidates, or to any other person whatsoever), expenses, interest, and costs that we may have to pay to any person, as a result of any damage, loss or injury that has been caused by or contributed to, in any material degree, whether directly or indirectly, by; 

• a breach by the client of any obligations as set out in this document

• any act, error or omission of the Client or the Clients including without limitation, any act, error or omission that may contravene the provisions of any legislation

10.0 Candidate Confidentiality 

10.1 All Candidate information is confidential information provided to the Client for the sole purpose of enabling the Client to determine the suitability of a candidate for employment. The Client agrees to keep such information confidential and will not use it for any other purpose other than the purpose for which it was sent. As per the conditions of the Privacy Act, under no circumstances should the Client contact referees, present or past employers of the Candidate without the express permission of the Candidate or Staffing. Such actions could expose Staffing and the Client to litigation, which the Client agrees to indemnify and make restitution for said acts to and for Staffing and all subsidiary companies, directors and staff in such a case arising. 

11.0 Permanent Staff Placement Fees 

11.1 Staffing will charge a Permanent Placement Fee to the Client as herein or in a separate Quotation or Work Order. Staffing charges a flat 15% of the agreed salary package. Should this placement fee be varied, it will be confirmed in writing prior to the commencement of any recruitment services. 

11.2 For all assignments, the Placement Fee is based on the total annual remuneration package of the successful Candidate, inclusive of superannuation and vehicle (where applicable). Where it is not detailed in a Letter of Appointment, vehicles are packaged at $12,000 for billing purposes.  

11.4 A Placement Fee applies where Staffing places a person to work directly for you, as your Employee, on a contract basis. The standard Permanent Placement Fee will be charged. 

11.5 A Placement Fee is payable for Staffing Candidates who accept a permanent position with the Client. The standard Permanent Placement Fee will be charged. 

12.0 Placement Guarantee 

12.1 A guarantee period of 90 days from commencement of employment applies for all permanent placements (unless otherwise stated). The guarantee provides that if the cessation of employment is due to unsatisfactory performance or candidate resignation, Staffing will attempt to find a replacement candidate for the same position at no additional charge to the Client. Staffing’s obligation under this agreement is limited to attempting to find one replacement candidate.

             The guarantee is subject to invoice payment within 7 days from date of invoice and does not cover additional advertising that may be required (at Staffing’s discretion) or provide for a refund under any circumstances. The guarantee will also be void if it is due to redundancy, company closure, change to working premises (within 3km of the old premises) or as a result of a change in the position description or terms of engagement. No credit will be made if the Client hires a replacement from any source, or if the Client is no longer actively seeking to fill the position.

             In the event that no suitable replacement can be found, a credit for the value of the original fee is valid for 6 months. During this 6 month period, Staffing will endeavour to replace the original role, or if agreeable to Staffing, the credit can be utilised towards an alternative role of an equivalent salary and degree of difficulty in sourcing a suitable candidate.  If during the 6-months the Client is not responsive to reviewing, interviewing and ultimately employing suitable Candidates presented by Staffing, then Staffing can choose at its discretion to discontinue its efforts to source a replacement to the original Candidate.

13.0 Our Commitment to You 

13.1 We will not compromise on the quality of people that we recommend to you, our client. 

13.2 We will notify you promptly if we are unable to fulfil the requirements of an assignment. 

13.3 We will conduct ourselves professionally, with the utmost honesty and integrity at all times. 

14.0 Legal Matters 

14.1 These Terms of Business are governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning these Terms of Business

14.2 These Terms of Business (TOB) can not be adjusted (verbally or in writing) without the adjustment being agreed and communicated in writing directly from a Director. Any verbal or written communication from Staffing or a Client, other than a Director of Staffing, that infers or directly changes the obligations or purpose of these TOB should be disregarded and can not be used or referred