TERMS AND CONDITIONS OF BUSINESS FOR KELLY SERVICES (AUSTRALIA) LTD. (ABN ) Temporary Recruitment

Transcription

1 TERMS AND CONDITIONS OF BUSINESS FOR KELLY SERVICES (AUSTRALIA) LTD. (ABN ) 1. These Terms & Conditions apply: 1.1. If you interview for employment, or employ or engage a person we introduce to you, by any means, or if you on-refer that person to a third party who then employs or engages that person. You will then be regarded as having agreed to all these terms and conditions. Temporary Recruitment 2. Supplying temporary staff 2.1. By using Kelly temporary staffing services, you share some of our responsibilities as an employer. The details are set out in this agreement Timesheets: When approving Timesheets, you are stating that the work has been done to your satisfaction and that the hours are correct. 3. Hiring a Kelly temporary employee permanently 3.1. Kelly invests heavily in the selection and training of our temporary employees, and we value them highly. Should you wish to hire one of our temporary employees on a permanent or temporary basis, a placement fee must be determined with Kelly prior to an offer of employment being made to our employee. The placement fee will be based on our permanent fee structure, but may attract a discount based on the length of time our employee has been working for you Our Performance Guarantee stated in Clause 5.1 does not apply to these instances. Please contact your Consultant for further details If you make an offer of permanent employment to an on-hire employee or nominated representative of an Independent Contractor who is performing an assignment for you (or who has performed an assignment for you during the previous twelve (12) months) which the on-hire employee or nominated representative accepts, you must pay to Kelly the permanent placement fee in respect of the on-hire employee/nominated representative in accordance with Kelly s recruitment fees. 4. General conditions for supplying temporary staff 4.1. Ordering Staff: If you order temporary staff for a particular task ( Service ) from Kelly, we will take your order to mean that you will accept the workers ( Kelly Temporary Employees ) that we supply We will supply staff as soon as is reasonably practical after receiving an order. Kelly Temporary Employees will be employed by Kelly and will perform services under your direction, control, and supervision Kelly may replace Kelly Temporary Employees on twenty four (24) hours notice to you Orders placed for temporary services may incur a minimum fee of four (4) hours once filled You will give us notice, whenever possible, of an assignment being completed ahead of time. If adequate cancellation notice is not provided to advise a Kelly Temporary Employee before their arrival at the workplace, you are liable for a two (2) hour charge When you place an order for Services you accept our current rates for the relevant services You may not change the duties or tasks carried out by Kelly Temporary Employees, unless you first advise us. We reserve the right to change the hourly rate where duties have been changed Kelly will invoice you weekly, unless agreed otherwise in advance. Trading terms are immediate payment on receipt of invoice. All Kelly invoices shall carry a Goods and Services Tax ('GST') Timesheets are legally binding when signed by you for hours worked by a Kelly Temporary Employee. 5. Performance Guarantee 5.1. We guarantee that Kelly Temporary Employees will perform services to a satisfactory standard. Provided our employee has received appropriate instruction and supervision and we are advised within two (2) days from the commencement of the assignment, you will not have to pay for unproductive time. 6. Performance Concerns: 6.1. You should inform Kelly as soon as practical, if you are not satisfied with the performance of service by Kelly Temporary Employees or their behaviour Management of performance issues is the responsibility of Kelly. You should only communicate directly with Kelly Temporary Employees in relation to performance or behavioural issues if: It is life threatening or of another serious nature; and You immediately notify Kelly with full details.

2 6.3. Pay rates and associated information should not be discussed directly with Kelly Temporary Employees By agreeing to our terms of business you agree that only Kelly may direct Kelly Temporary Employees to: Discontinue work; Be removed from the workplace; and Have their assignment terminated. 7. Insurance 7.1. We will maintain the following insurance policies in relation to Kelly and Kelly Temporary Employees: Workers' Compensation as required by law; and Public Liability for at least $1 million Kelly shall provide you with evidence of the insurance upon request The policies are subject to exclusions and deductibles and may not cover or be available to you in part or at all We will not be in breach of the conditions of any insurance policy through any act or omission on your part. 8. Occupational health and safety 8.1. Under the relevant Occupational Health & Safety ("OHS") laws, Kelly and you have mutual obligations in ensuring the health and safety of Kelly Temporary Employees. You must provide a suitable and safe workplace We will ensure that we have inducted our employees in general OHS matters, assessed the risks associated with the work to be performed, and supplied you with properly qualified staff We will do everything we can to meet our obligations and may also ask you to make appropriate changes to help reduce the risk of accident/injury to Kelly Temporary Employees in your workplace. We will jointly agree on the provision of any additional training, equipment or workplace changes necessary for safe performance of tasks. We may ask to visit your work place(s) on a regular basis to review safety arrangements for our staff Your responsibilities to our staff include: Ensuring that the work to be done is safe and any risks have been assessed and controlled; Working with Kelly in identifying hazards that might affect our employees and taking steps to control the risk of illness or injury to them including providing information on hazardous substances and standard operating procedures, and supply of protective equipment; Providing the necessary training, instruction, supervision and information for Kelly Temporary Employees to work safely; Ensuring that Kelly is notified if an employee changes duties; and Notifying Kelly and any relevant authorities immediately of any work-related incidents or injuries to Kelly Temporary Employees We encourage Kelly Temporary Employees to report any unsafe work conditions to their immediate supervisor as well as Kelly. We will discuss with you any safety concerns our staff bring to our attention. We ask for your assistance by notifying us of safety incidents affecting our staff, implementing safe work practices and participating in the rehabilitation of injured workers. 9. Industrial relations and employment conditions 9.1. Kelly must comply with any health and safety requirements, and the conditions of employment that have been agreed to with Kelly Temporary Employees, including enterprise agreements and awards. This includes our obligation to ensure the health and safety of our employees while in your workplace, but does not exclude your obligations You must not do anything that may cause us to be in breach of employment conditions. Kelly will supply evidence of our compliance (where it is available) within seven (7) days after receipt of a written request from you You must inform Kelly of any awards or agreements applicable to the site where Kelly Temporary Employees perform the services We reserve the right to increase rates where changes to statutory on-costs or award provisions apply, and by agreement with you, to review the salaries of Kelly Temporary Employees who have provided continuous services to you for more than one (1) year In the event of industrial action or a dispute that involves or affects Kelly Temporary Employees, you agree to assist us and do all things reasonably required by Kelly to resolve the industrial action or dispute. This includes giving Kelly or its representatives, access to our employees at your site, and to your staff where they may be relevant to resolution of a dispute or complaint. 10. Privacy Kelly supports and complies with the National Privacy Principles, and has procedures in place to meet the requirements of the law. We will treat all personal information provided to us with respect and will take all reasonable steps to ensure that it is correct, secure, and protected from unauthorised use Kelly also has several measures that will ensure our temporary staff adhere to the National Privacy Principles and maintain confidentiality and nondisclosure of information for all our clients and their customers.

3 11. Liability and indemnities Kelly is not liable on any legal or equitable basis, including in negligence, for any acts or omissions of Kelly Temporary Employees: Performing professional, scientific, engineering, technical or similar services; In workplaces which are unattended or have inadequate or inappropriate internal controls or safeguards; Handling cash, negotiable instruments, valuables, merchandise or any other property of value; (d) Operating a motor vehicle; (e) Operating, and referred by us, as independent contractors; and (f) Assigned to payroll activities Subject to Kelly performing its obligations under this agreement, you release Kelly and Kelly Temporary Employees from, and indemnify them against, any claim and liability for the loss of or damage to property owned, operated or leased by you and property which is in your custody, care or control, including motor vehicles, trucks and their contents Subject to you performing your obligations under this agreement, Kelly indemnifies you against any liability, cost, loss,or damage suffered or incurred as a result of any: (d) (e) Breach of this agreement by Kelly; Negligence of Kelly; Injury to Kelly Temporary Employees (but not injury caused by your negligence or the negligence of your employees); Personal injury caused by the negligence of Kelly or Kelly Temporary Employees within the scope of their assignment; and Property damage caused by the negligence of Kelly or Kelly Temporary Employees within the scope of their assignment By accepting this agreement, you indemnify Kelly against any claim, liability, cost, loss or damage suffered or incurred as a result of: (d) A breach of this agreement by you, including without limitation, any termination of employment of Kelly Temporary Employees while on assignment; Any act or omission on your part, your employees or agents, including without limitation, any payment of money or conferral of benefit by you to Kelly Temporary Employees without Kelly s written authority; Kelly having taken (or being deemed to have taken) a transmission of your business; and Contaminants, pollutants and hazardous substances. 12. Disputes an agreed plan Pre-condition to Court Proceedings: If a dispute arises out of, or relates to, this agreement including any dispute with respect to breach of termination or claim in tort, in equity or under statute ( Dispute ) a party may not commence any Court proceedings relating to the Dispute unless it has complied with the paragraphs below (except where the party seeks urgent interlocutory relief) Notice of Dispute: A party to this Agreement claiming that a Dispute has arisen must give written notice to the other party specifying the nature of the Dispute Informal Dispute Resolution: On receipt of that notice by the other party, the parties must endeavour to resolve the Dispute as speedily as possible using informal dispute resolution techniques such as mediation, expert evaluation of determination, or similar techniques mutually agreed upon Mediation Rules A Fallback: If the parties do not agree within fourteen (14) days of receipt of notice (or such further periods as agreed in writing by both parties) about: The dispute resolution technique and procedures to be adopted; The timetable for all steps in those procedures; and The selection and compensation of the independent person required for such technique, then the parties agree to mediate the Dispute in accordance with the Mediation Rules for the applicable State.

4 Permanent Recruitment 13. The Kelly guarantee Kelly provides a recruiting service which guarantees that both customers and candidates receive the highest standards of service. We also recognise the need to: Treat all information received from customers as strictly confidential Refer only those candidates who have been interviewed by an experienced Consultant Never forward a resume to a customer without first discussing the relevant position with the candidate Thoroughly evaluate all candidates where applicable, and to provide a report on test results to each customer on request Ensure that all candidates are fully reference checked or, where inappropriate, to so advise the customer Under no circumstances charge a fee of any kind to any candidate Offer comprehensive replacement guarantee against an unsuccessful hiring. 14. Corporate Services/Modular Recruitment We can offer recruitment modules such as reference checking, evaluations, exit interviews, climate surveys, HR services, training and more, to assist your organisation should you prefer to conduct the full recruitment process in-house. 15. Conditions Cancelled or Withdrawn Assignments: Kelly reserves the right to charge for out-of-pocket expenses (advertising, couriers, profiling, etc.) and our Consultants time, should the position be cancelled or withdrawn Deferral of Hiring Decision: Should your hiring decision be deferred, our full fee is due and payable if any candidate referred by Kelly is employed by you, in any position, within twelve (12) months of the initial introduction Liability: You should determine whether the candidate referred to you is suitable for employment, as we do not accept liability for any claim for loss, expense, damage or delay as a result of our referral or your employment of a candidate. By interviewing a candidate referred by us, you will be deemed to have accepted our fee and terms of business Third Party Referrals: All information (written or verbal) regarding candidates must be treated as confidential and must not be disclosed to any third party. If a candidate introduced by Kelly subsequently gains employment as a result of any such disclosure to a third party, a placement fee will be due and payable by the client who received the initial introduction Job Offer: Our Consultants will advise successful and unsuccessful candidates. The formal job offer will be made by the future employer. 16. Fees Kelly recruitment fees are based on an ever-changing employment market. Just as your recruitment requires change from position to position, so does the availability of certain skills and experience in the market Your Consultant will confirm with you, in writing, the fee for service and the period of guarantee prior to commencement of the recruitment process This fee and the associated guarantee period will be based on, but not limited to, the suitability of the salary being offered, market conditions, the availability of the skills and/or type of person required and, if relevant, the reason the position has become available In order to determine these and many other areas of relevance, your Consultant will need to meet with all parties involved in the hiring process prior to determining a fair and competitive fee for service for each assignment. Having a clear understanding, by all parties, of the essential and desired criteria for each position is vital to achieving a successful outcome for you, the new employee and Kelly. 17. Replacement guarantee No rebate of fees shall be made. However, should the engagement of any Candidate terminate within a period of thirteen (13) weeks (including period of notice) from the date of engagement, Kelly Services shall endeavour to seek one replacement Candidate at no extra cost to you provided that: the first Candidate leaves of his/her own volition and not due to any redundancy measures; and our invoice has been settled within fourteen (14) days of the invoice date Kelly reserves the right not to replace the original candidate in the event of employer misconduct. The replacement guarantee will be voided by sustainable allegations of sexual harassment, discrimination, misrepresentation of the position, failure to provide safe working conditions, unfair dismissal or the refusal of post-placement servicing by a Kelly Consultant. 18. Additional Services

5 18.1. Any additional services, other than Temporary Recruitment or Permanent Recruitment will be acknowledged in a separate statement of work between you and Kelly. 19. Illegality and Force Majeure: If any provision or term of these Terms and Conditions or any part thereof becomes or is declared illegal. invalid or unenforceable for any reason whatsoever such provisions, terms and parts will be deemed to be deleted from these Terms and Conditions provided always that if any such deletion substantially affects or alters the commercial basis of these Terms and Conditions the parties hereto will negotiate in good faith to amend and modify the relevant provisions, terms and parts of these Terms and Conditions as may be necessary or desirable in the circumstances If we are prevented from or delayed in the performance of these Terms and Conditions by an act of God or by or in consequence of war, riot, civil commotion or military or usurped power by any strike, lock-out, stoppage, accident, fog or storm, we shall not thereby be liable to you for any breach of obligation under these Terms and Conditions and time for performance of our obligations, shall be extended accordingly. 20. Privacy The Kelly Services Privacy Policy forms part of these Terms and Conditions. You agree to handle aii Candidates personal information in accordance with our privacy policy. 21. Amendment These Terms and Conditions may not be amended or supplemented except in writing by a Director of Kelly Services (Australia) Ltd. 22. Governing Law These Terms and Conditions shall be governed by and construed in accordance with the Laws of the state or territory where the Candidate is to be employed.