Your Employee T&C’s
Company Name: Your Resourcing Group Pty Ltd
Trading As: Your Resourcing
The terms and conditions in this document form the basis for Casual or Fixed Term employment with Your Resourcing Group Pty Ltd (hereafter referred to as YOUR).
This document, once signed, has the force of law as a contract and will apply to all assignments with any member of YOUR, whether existing at the time of signing this document or later added to the membership of YOUR.
The terms and conditions outlined in this Agreement conform with the Australian Fair Pay Commission Standard (“the Standard”). Where their agreement expresses rates or conditions which conflict with Standard, then the terms and conditions outlined in the Standard shall apply.
In this agreement the terms below shall have the following meanings, unless their context otherwise requires:Employer:
YOUR – Any member of YOUR that, subsequent to providing a ‘Notice of Offer of Casual or Fixed Term Employment’ (the notice), engages the employee on a Casual or Fixed Term basis to perform work assignments for its clients. YOUR, which provides the notice, will be responsible for allocation and payment of wages, superannuation, workers compensation and public liability insurance in relation to that assignment.Employee:
The individual employed on a Casual or Fixed Term basis by YOUR as per the terms and conditions set out in this document, and the notice, to carry out work assignments under the direction of YOUR’s clients.Client:
The company, partnership, individual or agent that YOUR does business with and where the employee will carry out duties as requested on behalf of YOUR. The client shall be responsible for issuing the employee with work, safety and induction instructions.
This assignment applies for the engagement of the employee with any of YOUR’s clients. Location of the client’s site and information for each separate assignment will be advised to the employee via the Notice of Offer of Casual or Fixed Term Employment.
These terms and conditions are to be read in conjunction with YOUR’s Notice of Offer of Casual or Fixed Term Employment.
DURATION OF AGREEMENT
4.1 The terms and conditions in this document commence on the date it is signed and continues in force until revoked by the employee or the employer.
4.2 The terms and conditions in this document apply to all assignments undertaken by the employee on behalf of YOUR. The parties will not execute a new terms and conditions document for each separate assignment.
CASUAL OR FIXED TERM EMPLOYMENT ASSIGNMENTS WITH YOUR.
5.1 An assignment with YOUR may be terminated at any time by the giving of one (1) hours notice.
5.2 Employment with YOUR is on an assignment-by-assignment basis, with each assignment representing a discrete period of employment on a Casual or Fixed Term hourly basis.
5.3 From time to time YOUR will bid for and will contract to provide Labour on sites covered by the National Code for the Construction Industry. In the event that you are engaged to work on a construction site you hereby acknowledge that you will be bound to the intent and any of the contractual terms offered to you for the purpose of complying with the National Code for the Construction Industry. The employee accepts that all industrial employment clauses that conflict with this code, in particular the principles outlined in Section 8 Workplace relations and occupational health and safety (OHS) components are deemed disregarded when working for YOUR.
5.4 The employee may accept or reject any offer of an assignment.
5.5 The employee agrees to complete an assignment once the employee has agreed to it. Should the employee elect not to complete the assignment for whatever reason, YOUR reserves the right to recover any costs incurred related to the employee’s assignment.
5.6 On completion of an assignment, whether satisfactory or otherwise, YOUR is under no obligation to offer any other assignment/s.
5.7 The client may vary the assignment period by the giving of one (1) hours notice.
5.8 During the period of any assignment, the employee is under the care and supervision of YOUR’s clients.
5.9 The employee agrees to notify their YOUR representative before normal start time, if the employee is unable to attend during any period of the assignment.
5.10 The employee is to notify their YOUR representative if they are required to perform duties other than those contained in the job description. Payment for such work will be at the normal hourly rate unless the duties are such that a change of classification is warranted and the new rate has been agreed between the employee and YOUR.
5.11 Employees will be given all legislative minimum terms and conditions applicable to Casual or Fixed Term employees in the State or Territory in which the assignment is located.
OCCUPATIONAL HEALTH & SAFETY
Inductions and Training:
6.1 The employee agrees that they will participate in any YOUR Health and Safety Induction and/or Training relevant to the type of work for which they may receive a notice.
6.2 The employee acknowledges that they will not be offered any assignment with YOUR until such time as any Induction or Training referred to in clause 6.1 above has been completed to the satisfaction of YOUR.
6.3 The employee is to participate in training as required by YOUR or its client. Employees are also encouraged to pass on work skills to other employees when necessary or required by YOUR or its clients.
6.4 The employee will ONLY attend YOUR’s assignments after reading and fully understanding the YOUR Assignment & Basic Safety Guide. The employee must contact their local YOUR representative immediately if this booklet is lost.
6.5 The employee agrees to contact YOUR on the day the assignment starts if he or she does not attend an induction performed by the client.
6.6 The employee is to perform all work and associated functions as directed by the client in the safest possible manner and to obey all written and verbal health and safety instructions issued by either YOUR or its client.
6.7 The employee is to notify their YOUR representative if asked to do tasks which the employee is not trained for, competent at or authorised to perform.
6.8 The employee is to strictly follow all standard operating procedures and safety systems of work laid down for particular equipment or tasks.
6.9 The employee is to ensure that all tools/plants used by them in performing their duties, whether these are supplied by the employee or the client, are: a. Suitable for the purpose;
b. Maintained in accordance with the manufactures and/or statutory instructions; and
c. Electrically tested (if applicable) as per the requirements in the relevant State or Territory.
Personal Protective Equipment:
6.10 The employee is to correctly use (where applicable) and maintain all personal protective equipment and clothing. The employee is required to comply with all assignment or work site-specific personal protective equipment requirements, such as the wearing of a safety helmet or steel cap boots.
6.12 YOUR is responsible for statutory Workers Compensation Insurance.
6.13 In the event of any injury occurring during an assignment, the employee is to notify their YOUR representative immediately with the details.
6.14 The employee agrees that in the event of a work related injury, illness or condition they will attend appointments arranged by YOUR with the YOUR nominated Medical Practitioner.
6.15 The employee, while on an assignment with YOUR, will work exclusively for YOUR.
6.16 The employee agrees that they will undergo physical testing (for example, hearing testing to establish a base line for hearing loss), if requested to do so by YOUR, or it required by law.
6.17 The employee is advised that, under the relevant state’s legislation regarding Workers Compensation, the Worker’s Compensation board may refuse to award compensation, which would otherwise be payable, where it is proved that the worker has at the time of seeking or accepting an assignment willfully and falsely represented himself/herself as not having previously suffered from the disability, the subject of the claim for compensation.
Certificates and Licenses:
6.18 In the event that an assignment requires licenses, tickets, permits or certifications of any type whatsoever, the employee is to ensure these licenses, tickets, permits or certifications are current for the duration of the assignment.
6.19 The employee is to notify their YOUR representative immediately if such licenses, tickets, permits or certifications expire or are cancelled during the assignment.
Mobilisation and Ongoing Medical Assignments:
6.20 The employee agrees to undergo functional capacity testing, if requested to do so by YOUR.
6.21 Employees of YOUR are not permitted to take alcoholic beverages (including spirits) or illicit drugs on to work sites or into workplaces. Employees are not permitted to attend work or operate machinery while in any way intoxicated or under the influence of alcohol or drugs.
6.22 The YOUR representative for the member company issuing the notice and client supervisor must be notified immediately, if the employee is required to take prescription or any other medication that may affect their performance.
6.23 The employee understands that the Breath Alcohol/Drug Concentration for all sites is 0.00%. Proven misconduct in relation to the above may result in the immediate termination of the employee’s assignment and no offers of further Casual or Fixed Term assignments. The employee agrees to undergo Drug & Alcohol testing if required.
6.24 The employee must ensure that when they present themselves for duty, they are able to undertake their functions in a fit and proper manner. This includes being adequately rested prior to the start of any shift.
6.25 The employee agrees to undergo a pre-assignment medical or hearing examination, when requested to do so by YOUR, or where required by law. The employee understands that the undertaking of such examination does not indicate an offer of engagement by YOUR.
6.26 If the employee sustains any injury, contracts any illness or becomes the subject or a workers compensation claim during the interval between completing their initial pre-assignment medical assessment with YOUR, and being offered an assignment (be it an initial assignment or any subsequent assignment) with YOUR, the employee agrees to immediately advise YOUR of this occurrence.
6.27 In the event of any injury being sustained while carrying out a YOUR assignment, the employee authorises YOUR to obtain medical information or to discuss with the treating doctor and/or specialist, information related to the employee’s medical history and/or the injury sustained to assist in the management of the employees claim.
6.28 The maximum working hours per shift is 12 hours and any additional hours worked without prior authorisation from YOUR will not be recognised or paid.
6.29 A minimum rest period of 10 hours between shifts must be taken; any subsequent shift following a break of less duration, without prior authorisation from YOUR, will not be recognised.
6.30 The maximum number of continuous shifts, inclusive of non-YOUR assignments, whilst working in YOUR’s employ, is not to exceed 13 and any additional shifts worked without prior authorisation from YOUR, will not be recognised or paid.
HOURS of WORK, ROSTERS and WAGES INFORMATION
7.1 Ordinary Hours The employee will be engaged for the hours prescribed in the Notice of Offer of Employment. Maximum ordinary weekly hours will be an average of 38 hours a week over 12 months. The employee may be requested to work such reasonable additional hours as are directed by the employer.
In other circumstances where an employee is unable to be gainfully employed, due to circumstances beyond the employee’s control, such as breakdown of machinery, strike, or progress of other works, the employee shall be stood down without pay.
7.2 Meal Breaks There will be meal breaks of no less than 30 minutes to be taken between the fourth and sixth hour of work. The meal break will be unpaid. Any variance to meal breaks to accommodate special site conditions will be detailed in the Notice of Offer of Employment. Such variances will take precedence over arrangements within this clause.
7.3 Overtime The employee will be paid overtime in line with the Notice of Offer of Employment.
7.4 Shift work The employee will be required to work shifts and or rosters as prescribed in the Notice of Offer of Employment. The employee may be required to work additional or replacement shifts or rosters as agreed to during the engagement.
7.5 Other Unless detailed in the Notice of Offer of Employment the hours of work will commence and finish at the work site, exclusive of the travel to and from the worksite.
7.6 Where the period of assignment is varied or interrupted, YOUR will pay the employee a minimum of four (4) hours.
7.7 Accommodations and Travel Where it is applicable for Accommodation and Travel to apply the employee entitlements will be prescribed in the Notice of Offer of Employment.
7.8 Annual Leave All fixed term permanent employees shall accrue annual leave at the rate of four weeks for each completed year of employment. The employee will be paid the ordinary weekly rate plus any applicable statutory leave entitlements that may apply from time to time. Any additional leave entitlements/loadings will be listed in the Notice of Offer of Employment. In the absence of any listing the hourly rate of pay specified incorporates leave loading. The taking of annual leave shall be by mutual agreement between the employer and employee. Fixed term permanent employees will be able to cash-out up to two weeks of their leave at their written request. Leave cannot be cashed out in advance of it being credited. Payment for cashed-out leave will be at the employee’s basic hourly rate at the time the election is made. A full pay-period notice is required between election and payment. In circumstances where the employment is terminated prior to taking leave; the fixed term permanent employee shall be paid on termination an amount equivalent to the leave accrued.
7.9 Personal/Carer’s Leave (including sick leave) All fixed term permanent employees shall accrue personal/carer’s leave of 10 days’ paid leave for each completed 12 months of service. This leave will be cumulative and up to 10 days a year can be used as carer’s leave. An additional 2 days of unpaid carer’s leave will be available for emergencies for permanent employees who have used up their personal leave entitlements and for casual employees. Unpaid carer’s leave can be taken in a single unbroken period of 2 days or, if the employer and employee agree, in separate periods, for example 4 half-days. However, unpaid leave will be conditional on an employee not having any accumulated paid carer’s leave or other authorised leave for caring purposes.
7.10 Absences Where practicable, notification of absence should be made to the employer well in advance of shift commencement time in order that alternative staffing arrangements can be made. In the event of absence due to sickness, a medical certificate from a registered health practitioner or a statutory declaration if it is not reasonably practicable to obtain a medical certificate can be requested by the employer and then must be provided by the employee for any single day’s absence whether a claim for sick-leave payment is to be made or not. In the event of absences due to sickness of 2 days or longer a medical certificate will be required.
7.11 Compassionate Leave A fixed term permanent employee shall be entitled to two days paid compassionate leave to visit a member of the employee’s immediate family or household who is seriously ill or dying, or to attend their funeral.
7.12 Maternity, Parental, Paternity and Adoption Leave Eligible employees will be able to access up to one year of: unpaid ordinary or special Maternity leave, Parental Leave and Adoption leave. Eligibility will be in accordance with the parameters detailed within the Australian Fair Pay and Conditions Standard.
7.13 Long Service Leave All employees shall be entitled to long service leave in accordance with the relevant Legislation.
7.14 Public Holidays All full time employees shall be entitled to the following public Holidays without loss of pay; Christmas Day, Boxing Day, New years day, Australia day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Labour Day, Queens Birthday, and Gazetted Show Day for the district the employee is working in. Any employee required to work on a public holiday nominated herein shall be paid at the rate detailed in the Notice of Offer of Employment.
Payment of Wages:
7.15 YOUR will make payment of wages on a weekly basis ONLY by Electronic Funds Transfer to the back account nominated by the employee. The employee is responsible for ensuring that correct details are provided to YOUR. YOUR is under no obligation to verify information provided and is not liable if the employee provides incorrect information.
7.16 The employee will ONLY be paid if a correctly completed timesheet approved and signed by the authorised supervisor of YOUR’s client, is received by the Payroll Administrator by the agreed time and date.
7.17 Should a timesheet be found to be incorrect after wages have already been paid, YOUR will make an adjustment against future wage payments.
7.18 YOUR may also offset against any future payment or accrued entitlement any liability the employee may have to YOUR irrespective of how such liability arose.
7.19 YOUR shall pay superannuation in accordance with the relevant Commonwealth, State or Territory legislation. YOUR may, in its total discretion, pay superannuation at a rate higher than the statutory minimum.
7.20 On assignments where a flat rate of pay has been agreed for all hours worked, the employee agrees that ordinary hours on which superannuation will be paid will be deemed to be the first eight hours in any one shift up to a maximum of thirty eight hours worked in any one pay week.
Stand Down Provisions:
7.21 If the employee is unable to be gainfully employed due to strike, breakdown of machinery or any stoppage of work for any cause which the employer cannot be held reasonably responsible, the employer reserves the right to stand down the employee without pay.
The stand down of the employee under this clause does not break the continuity of employment of the employee for the purpose of any agreed entitlements.
DISPUTE RESOLUTION PROCEDURE
It is important to YOUR that we have in place a process to enable employees to raise and resolve any issues of concern to them. Therefore, the employee agrees to comply with the following dispute resolution procedure. The employee agrees that they will seek to have issues addressed through this process, unless required by law to do otherwise.
The parties to this Agreement shall observe the following Industrial Dispute Resolution procedure: The mechanism and procedures for resolving disputes will include, but not be limited to, the following:
Any question or dispute arising in relation to these terms and conditions or any other aspect of the employee’s Casual or Fixed Term employment with YOUR, including issues relevant to a particular assignment or client shall, in the first instance, be raised with the employee’s YOUR representative.
The YOUR representative will provide a response to the employee within seven (7) calendar days or such other timeframe as agreed between the employee and the representative.
Where the employee is dissatisfied with the response or the response is not received within the set timeframe (or agreed timeframe), the employee may progress to stage 2 of the process.
In the event that a matter remains unresolved following Stage 1, the employee may refer the matter to the Manager of the office, which issued the most recent notice.
The manager will respond to the employee within seven (7) calendar days or such other timeframe as is agreed between the employee and the Manager.
Where the employee is dissatisfied with the response from the Manager, or the response is not received within the set timeframe (or agreed timeframe), the employee may progress to Stage 3 of this process.
In the event that a matter remains unresolved following Stage 2, the employee may request that the matter be referred to an independent arbitrator for determination.
To facilitate Stage 3 of the process YOUR will identify, three (3) potential independent arbitrators and the employee will be given an opportunity to select from that group.
YOUR and the employee agree to be bound by the decision of the independent arbitrator.
The decision of the independent arbitrator will be reduced to writing and will form the basis of a full and final settlement of all the issues raised with the Arbitrator.
Except in situations where there is a perceived immediate and significant threat to employee health and safety, work will continue and consideration of the needs of the business will remain a priority.
Continuity of Operation
The employee will continue, at all times, to work in a manner commensurate with your position and as directed by your team leader or other authorised officer of the company, without bans, limitations or stoppages.
Any ban, limitation or stoppage (other than for genuine safety reasons or otherwise authorised by law) will be grounds for disciplinary action and this may result in termination of your employment.
9.1 In relation to any confidential information including documents, record, trade secrets, clients lists or other confidential information belonging to YOUR or its clients, that the employee had knowledge of, the employee must:-a) At the completion of an assignment, unless otherwise authorised, immediately return such confidential information to YOUR or the client;
b) Not reveal the confidential information during or after involvement with YOUR or its client, to any person or party other than in the course of employment with YOUR; and
c) Not make any personal use of the confidential information other than in the course of employment with YOUR. Any profit made from the use of such information would become the property of YOUR.
9.2 For a period of six (6) months following the last assignment, the employee is to immediately notify YOUR in the event that:-a) A YOUR client offers the employee temporary or permanent employment; or
b) The employee approached a YOUR client, to whom the employee was introduced by YOUR.
ANTI-DISCRIMINATION AND EQUAL OPPORTUNITY
The employee agrees that they will conduct themselves in a manner consistent with their obligations under the State and Commonwealth Anti-Discrimination and Equal Employment Opportunity legislation applicable to the State or Territory in which they are employed at the relevant time.
The employee acknowledges that they bear the responsibility for being aware of the provisions of the relevant State or Commonwealth Legislation and agree to indemnify YOUR should their conduct result in any cost to YOUR.
PRIVACY DECLARATION AND CONSENT
The information you and your nominated referees provide to YOUR will be stored on a secure database within YOUR. This information is not accessible by anyone outside of YOUR.
The information will be used to determine your suitability for employment with YOUR. Where it is deemed that you may be a suitable candidate for a position, your details may be provided to the host employer.
It is standard practice that following an engagement with a host employer, a referee report will be obtained from the host employer. This information will also be stored in the database.
You may request to view the information held in relation to you at any time.
Where you are able to demonstrate that information held on the database, you must advise YOUR of this.
Failure to provide the information requested may limit YOUR’s ability to find adequate opportunities for you with host employers.
understand that this declaration applies to all of the issues listed below and with that understanding do solemnly declare that:
YOUR TERMS & CONDITIONS OF EMPLOYMENT:
I have read, understood and agree to the content of the eight (8) page document entitled “Casual or Fixed Term Employee – Terms and Conditions of Employment and understand that this document applies to all YOUR companies.
I accept the binding responsibilities of the National Code for the Construction Industry for Construction assignments.
THE YOUR ASSIGNMENT & BASIC SAFETY GUIDE:
I have read and received/or I will receive a copy of the YOUR Assignment & Basic Safety Guide.
I undertake to make myself familiar with the contents and understand that it includes for reference purposes a copy of the Terms & Conditions of Employment to which I have agreed to be bound.
If within seven (7) working days I have not received a copy of the YOUR Assignment & Basic Safety Guide, I agree to notify my YOUR representative.
I acknowledge that this declaration in conjunction with the “Casual or Fixed Term Employee – Terms & Conditions of Employment” can be pleaded as a bar to any proceedings in any court of tribunal, except as required by law, arising out of or in the course of my Casual or Fixed Term employment with YOUR and that all disputes are to be referred to an independent arbitrator for resolution as per the grievance process.
I understand the reason for the collection of information about me and consent to all the information requested being collected, stored, used and disclosed as per the Privacy Declaration and Consent Clause of the YOUR “Casual or Fixed Term Employee – Terms and Conditions of Employment” document.
All the information I have given to YOUR including all sections of the ‘Pre-Assignment Medical Assessment Form’ is true and correct. I understand that if I give false or misleading information to YOUR it may jeopardise any future entitlement under Workers Compensation.