At Ozstaff, we pride ourselves in client
satisfaction and we achieve this by
following our trusted guarantees.
1. General
Conditions for Supplying Temporary Staff
a) If you place an order for temporary
staff from OZSTAFF Pty Ltd (Ozstaff) it will mean that you have accepted our
Terms of Business.
b) Ozstaff will use its best endeavours to
provide appropriate staff to fulfil the specified service. You agree that staff
supplied are employees of Ozstaff under your direction, supervision and
control.
c) Ozstaff will supply its temporary staff
to suit your needs as soon as it is reasonably practical.
d) Ozstaff may replace the assigned
temporary staff from time to time with other staff that are suitably qualified
and give you notice of such substitution wherever practicable.
e) When you place an order it will be for
a minimum of 4 hours of work each day. You agree to pay our current rate for
the relevant service and an authorised member of your staff will validate
Ozstaff's timesheets for its employees. Validation will be mean that you are
satisfied with the work performed and accept responsibility for payment of the
associated costs.
f) If you cancel an order more than 30
minutes after it was made then you are liable for four hours service charge for
each cancelled staff member based on the normal hourly rate for the
position(s).
g) The rates quoted are hourly charge
rates based upon pay rates generally derived from the appropriate award or
agreed with you. The rates are inclusive of applicable Workcover, Superannuation,
Public Liability Insurance and Payroll Tax. Any additional costs or allowances
will be on-costed to you with your prior consent.
2. Payment Terms:
a) Ozstaff will invoice you weekly. As we
pay our staff weekly our trading terms are strictly seven days from the date of
the invoice. All invoices will include the applicable Goods and Services Tax
(GST).
b) Ozstaff reserves the right to charge a
market penalty interest rate on overdue accounts and debt recovery costs.
3. Performance
Guarantee
a) Ozstaff guarantees that its staff will
perform services to a satisfactory standard provided that they receive
appropriate instruction and supervision from you. If you are dissatisfied with
the standard of work on the first day of the assignment and provided you notify
us on the same day there will be no charge for that work.
4. Unsatisfactory
Performance
a) You should advise Ozstaff as soon as
practical if you are dissatisfied with the work, service performance or
behaviour of its staff.
b) You should only communicate directly
with Ozstaff assigned employees in regard to performance or behavioural matters
if it is life threatening or of a serious nature and you have advised our
office beforehand.
c) You agree that Ozstaffs' management
will deal with all unsatisfactory performance or behavioural issues. Only
Ozstaff may terminate the employment of its staff or remove them from the
workplace.
5. Industrial
Relations and Employment
a) Ozstaff must comply with any legal
requirement and conditions of employment that have been agreed with Ozstaff
employees including Enterprise Bargaining Agreements (EBAs) and Australian
Workplace Agreements (AWAs).
b) This compliance extends to the health
and safety of our employees while at your workplace notwithstanding your own
obligations in that regard.
c) Ozstaff will be responsible for wages,
remuneration and statutory payments (including state payroll tax) for all its
employees.
d) You must not do anything that may cause
Ozstaff to be in breach of any employment conditions. Ozstaff will supply
evidence of statutory compliance (where it is available) within 7 days after
receipt of a written request from you.
e) You must inform Ozstaff of any awards
or agreements applicable at the workplace where Ozstaff employees are assigned.
You agree that if there is a change to the nominated pay rates for Ozstaff
employees you will retrospectively pay the amounts due plus the proportional
margin to Ozstaff.
f) Ozstaff reserves the right to increase
charge rates retrospectively to the date of any revised award provisions and
statutory on costs.
g) In the event of any industrial action
or dispute involving or affecting Ozstaff employees you agree to allow us
access to our employees (and yours when they are relevant to the action or
dispute) so that we may assist in the resolution of such action or dispute.
h) We will not employ staff illegally.
6. Occupational
Health and Safety (OHandS)
a) You must provide Ozstaff employees with
a safe workplace that complies with relevant OHandS legislation. You must also
provide any supervision, instruction, training and protective equipment
necessary to ensure that safe work is performed by Ozstaff employees.
b) You will immediately notify Ozstaff and
any relevant authorities of any work related accidents, incidents or injuries affecting Ozstaff
employees.
c) You acknowledge that we have mutual OH andS
obligations with respect to Ozstaff employees. With your prior consent we will
visit your workplace from time to time to review safety arrangements for our
employees. We may ask you for appropriate changes to help reduce the risk of
accidents in your workplace.
d) In the event of any work related injury
to an Ozstaff employee at your workplace you agree to participate in the
rehabilitation and return to work program for that employee.
7. Confidentiality
a) Our employees are required to treat
your workplace information confidentially and have executed an agreement with
us to that effect.
b) You retain the rights to any
intellectual property acquired during or as a result of Ozstaff's supply of
services to your workplace.
c) You will keep all Ozstaff documentation
received during the course of business confidential for a period of five years
from the date of such documentation.
8. Insurances
a) Ozstaff will maintain the following
insurances for all its employees:
# Workers Compensation as required by law.
# Public Liability for at least $10 million.
b) Ozstaff will provide you with evidence
of insurance within 14 days after a written request.
c) Any vehicle owned or leased by you and
operated by Ozstaff employees must have comprehensive insurance cover.
9. Liabilities and
Indemnities
a) Ozstaff is not liable on any legal or
equitable grounds including negligence for any acts or omissions of its employees including but
limited to:
# Undertaking
engineering, technical or similar services.
# In workplaces that
have inadequate supervision, internal controls or safeguard.
# Handling cash,
negotiable instruments, valuables, merchandise or any other property or value.
# Assigned to payroll
activities.
b) Subject to Ozstaff performing its
obligations under this agreement you accept Ozstaff employees at your own risk.
You indemnify Ozstaff and its employees from any claim, liability, loss or
damage to any property owned, operated or leased by you.
c) You use best endeavours to preserve any
evidence in connection with the claim and give Ozstaff all information and
assistance it needs to defend or settle the claim.
d) The above indemnity does not abrogate
you from the responsibilities you have to provide a safe workplace for Ozstaff
employees as required by OHand S legislation.
10. Hiring an
Ozstaff Employee
a) Should you wish to hire an Ozstaff
employee directly either on a full or part time basis a placement fee will be
applicable. This fee must be agreed with Ozstaff prior to your making the offer
of employment to the Ozstaff employee. A fee will also apply in the event that
our employee registers with another recruitment agency and is engaged by you.
The standard placement fee is 8% of the employees gross annual salary excluding
compulsory superannuation.
.