CONTRACT FOR PAYROLL SERVICES. It is agreed by clicking on Acknowledge on the PayMe Australia Pty Ltd Contractors Join Online Form:

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1 CONTRACT FOR PAYROLL SERVICES Introduction This Agreement records the terms and conditions by which the Company has been engaged by the Contractor to perform payroll services for the Contractor. It is agreed by clicking on Acknowledge on the PayMe Australia Pty Ltd Contractors Join Online Form: 1. Definitions and Interpretations 1.1 Definitions In this agreement: (1) Company means the Company that has been engaged by the Recruitment Company to provide payroll services to the Contractor to support an agreement between the Recruitment Company and its Client. (2) Client means the Commonwealth or private entity that selected the Contractor to provide services at its site as a component of engaging the services of the Recruitment Company. The Client supervises the Contractor on a day to day basis. (3) Contractor means the individual, or individual with the authority to act on behalf of a trust or proprietary company, who has engaged the Company to provide payroll services to support a labour hire contract that has been arranged between the Contractor and a Recruitment Company to provide services to a recruitment company s Client. The Contractor is the individual who has acknowledged that the individual has read and accepted the terms and conditions of this Contract and confirmed that the individual is a Contractor, before submitting the PayMe Contractors Join on Line information. (4) Labour Hire Contract means the contract that has been arranged between the Contractor and a Recruitment Company that requires the Contractor as the Specified Person (or similar wording) to provide specified services (or similar wording) to a recruitment company Client. (5) Recruitment Company means a company that provides temporary, part-time and full-time staff to its clients across a range of industries. Recruitment companies are also referred to as labour hire companies. (6) Trust or Proprietary Company means a legal entity registered under the Corporations Act A propriety company is often referred to as a Pty Ltd Company. 2. Contractor Agreements 2.1 The Contractor agrees that the Company has been engaged by the Contractor to provide Page 1

2 payroll services for the term of the Labour Hire Contract arranged between the Recruitment Company and the Contractor. Should the Recruitment Company require the Company s signature on the Labour Hire Contract, the Contractor agrees to permit the Company to sign on the Contractor s behalf any area on the Labour Hire Contract where the Recruitment Company requests a payroll service provider signature for any reason. The Contractor agrees to be accountable for fulfilling the terms and conditions of the Labour Hire Contract as: (1) the Company did not select the Contractor as a candidate for a recruitment company Client, (2) the Contractor represents the Recruitment Company at the Client site, (3) the Company has no supervisory authority over the Contractor at the recruitment company s Client site, and (4) the Company has no relationship with the recruitment company Client. 2.2 The Contractor agrees that the Contractor is aware of all terms and conditions set out in the Labour Hire Contract and it is the Contractor, not the Company, who is accountable to manage the Labour Hire Contract. 2.3 The Contractor is responsible for becoming fully informed of the Client's conditions, including without limitation site conditions, security, occupational health and safety policies and procedures, non-disclosure of information, ownership of patents, copyright, intellectual property, the Client's requirements related to the engagement, equal opportunity and equity policies and any other policies and procedures of the Client. The Contractor agrees to comply with any such conditions. 2.4 This agreement continues unless terminated earlier in accordance with this agreement. 3. Good Faith 3.1 Without limiting any other provision of this agreement the Contractor must at all times during each engagement: (1) be just and faithful in all transactions relating to the Company; (2) advise the Company immediately if the Contractor feels that remuneration is incorrect; this includes remuneration in excess to that which should be paid by the Company; (3) advise the Company immediately if the Contractor feels that services are not being supplied by the Company to the quality advised; and (4) conduct communications, by any medium, in a manner that is polite. Page 2

3 4. Remuneration 4.1 The Company will invoice the Recruitment Company for the Contractor at the rate specified in the Labour Hire Contract. The Contractor s Taxable Rate will be the amount specified in the Labour Hire Contract less the Company s fees and an amount deducted for superannuation. The Taxable Rate is the Gross Rate of Pay indicated on the Contractor s payslip. 4.2 If the Contractor is directed by the Client to work additional hours to that specified in Labour Hire Contract, then remuneration will only be paid subject to the Contractor facilitating prior approval by both the Recruitment Company and the Client. The Contractor agrees that it is the Contractor s responsibility to provide a document that displays approval by both the Recruitment Company and the Client. 4.3 Remuneration will be at the times indicated in the Labour Hire Contract and is subject to the Company receiving from the Contractor a Timesheet accompanied by such supporting documentation as the Company reasonably requires to provide payroll services to the Contractor. 4.4 Prior to a pay day the Company shall provide a Draft Payslip and the Contractor acknowledges that the purpose of the Draft Payslip is to provide the Contractor with an opportunity to view and comment on the Draft Payslip to ensure the Contractor is remunerated correctly. Unless amended, the Draft Payslip shall become the final Payslip within 24 hours of issue. This will then form the basis of payment. 4.5 After receiving a Payslip, if the Contractor is not paid on the date specified, the Contractor agrees to advise the Company, and the Company agrees to electronically pay the Contractor on the same day. 4.6 If an error is subsequently found by the Company or the Contractor, both parties agree to amend the Payslip and adjust the pay to remunerate the Contractor correctly. The Company may recover from the Contractor any amount that is overpaid, or that the Contractor for any other reason is not entitled to. 5. Tax, Superannuation and Other Charges 5.1 Both parties agree that the Company will: (1) deduct and remit PAYG income tax installment deductions; and (2) deduct and pay fringe benefits tax, superannuation, applicable taxes and other statutory charges where applicable. 6. Timesheets 6.1 The Contractor is to deliver a timesheet to the Company, approved by the Client s Representative or delegate, by 12:00 midday on the first working day after the end of the pay cycle. Timesheets are to be delivered to or by fax to 02 Page 3

4 The Contractor acknowledges that coordination is required at the Client site to comply with this clause. 7. Superannuation 7.1 The Company will make superannuation contributions equal to the minimum level of superannuation contributions which must be made for the purposes of the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 (currently 9.25%) into an eligible choice fund nominated by the Contractor. In the event the Contractor does not nominate a complying fund contributions will be paid to the Company s default superannuation fund. Superannuation will be deducted from the Contractor s gross hourly rate. The Company will not make superannuation contributions for trusts or proprietary companies. 8. Insurances 8.1 The Company will provide workers compensation, public liability and professional indemnity insurance coverage for the Contractor as required by the Recruitment Company. The Company will not cover trusts or proprietary companies for workers compensation insurance, however the Company may cover trusts or proprietary companies for public liability and professional indemnity insurance if the trust or proprietary company requests such insurance. 9. Termination 9.1 The Contractor agrees to provide the same term of notice as required by the Labour Hire Contract if the Contractor intends to terminate that Contract. The Company may approve a lesser period of notice based on the circumstances. 9.2 The Company may immediately terminate the Agreement without any requirement for notice if: (1) the Recruitment Company advises the Company that the Contractor has been directed to cease the provision of services; or (2) the Contractor is guilty of any breach of the terms of this Agreement. 9.3 From the date of termination the Contractor is not liable for any further payment other than remuneration to the date of termination, less any liabilities such as outstanding superannuation payments, PAYG tax and adjustments for items such as Fringe Benefits Tax if it applies. 10. No Partnership or Employment 10.1 Nothing in this agreement is intended to create a partnership as between the Contractor and the Company. The Contractor acknowledges that the Contractor has no authority to bind the Company without the Company s specific consent. Page 4

5 10.2 This agreement does not constitute the relationship of employee and employer between the Company and the Contractor. The Contractor acknowledges that the entity that is the employer is the Recruitment Company as specified by the Fair Work Act The Contractor acknowledges that the Contractor is not entitled to any of the benefits of permanent conditions of employment from the Company and shall make no claims on the Company for annual leave, sick leave, and other forms of leave or similar payments The Contractor acknowledges that the Company is not obliged to pay the Contractor for any period during which the Contractor is unable to provide the services in accordance with the Labour Hire Contract or for any period when those services are not required by Client. 11. Severability 11.1 If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force. 12. Entire Understanding 12.1 This agreement: (1) is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement; and (2) supersedes any prior agreement or understanding on anything connected with that subject matter Each party has entered into this agreement without relying on any representation by any other party or any person purporting to represent that party. 13. Notices 13.1 A notice or other communication connected with this agreement (Notice) has no legal effect unless it is in writing. 14. Governing Law and Jurisdiction 14.1 The law of the courts of the Commonwealth of Australia governs this agreement The parties submit to the non-exclusive jurisdiction of the courts of the Commonwealth of Australia. Page 5

6 SCHEDULE 1 - OH&S POLICY SUMMARY FOR CONTRACTORS Policy Overview The Company considers the health, safety and welfare of contractors is of equal importance to all other operational considerations. The Company, the Recruitment Company, the Client and the Contractor will work together to create a safe working environment for the Contractor and to ensure compliance with the Occupation Health & Safety (OH&S) Act 1989 is current at all times. Responsibilities The Recruitment Company and the Client are responsible for providing a safe and healthy working environment, including equipment, materials and systems of work as well as the provision of resources to enable the implementation and support of safe work practices for each contractor. It is the Recruitment Company and Client s responsibility to manage day-to-day health and safety issues that may occur at a Recruitment Company Client site, specifically the Client site OH&S representative; this includes ensuring that contractors receive relevant information regarding training, appropriate supervision needs and that they are following the Client s safe work procedures. The Client, Recruitment Company and the Company are responsible for the investigation process should a safety incident occur. The Contractor is responsible for following safety procedures and instructions; attending safety training, reporting of accidents, incidents and potential hazards to the Client OH&S Representative as required by the Client s OH&S Policy and Procedure. Potential Hazards are to be reported in writing and provided to the Client Representative and the Company within 1 hour or less of observation. The Contractor is further responsible to protect their own and the health and safety of others around them by not working under the influence of alcohol or any other drug (unless approved by a medical practitioner and accepted by the Company). At no time is the Contractor to remove any safety guards, safety devices or protective equipment provided by the Client in interest of safety. Reporting of Accidents / Incidents The Company is required by OH&S legislation to keep a register of all injuries, and to notify the Company s workers compensation provider within 48 hours of the accident/incident. The Contractor acknowledges that failure to report accidents or incidents (and potential hazards) to the Company within the 48 hour timeframe is very likely to void a worker s compensation claim. It is therefore paramount that the Contractor takes immediate necessary actions to advise the Company of any accident/incident prior to this 48 hour deadline. Therefore the Contractor is responsible to ensure that the Contractor s partner, dependents, friends and relations that would reasonably be expected to know that the Contractor has been injured at work, are advised by the Contractor that the Contractor is covered by workers compensation, and that any accident must be reported to the Company by a person or persons that would reasonably be expected to know that the Contractor is injured, particularly if the Contractor is incapacitated and unable to report the injury. Page 6

7 Injury management As required by the Workplace Injury Management and Workers Compensation Act 1998, the Company will maintain a Workplace Return to Work Program consistent with the Company s workers compensation insurers Injury Management Program. The Contractor will be provided with access to injury management where the Contractor has incurred a work related injury or illness and is eligible to submit a Workers Compensation Claim. First aid First aid is the emergency care of the sick or injured. The Company has humane, legal and financial obligations to provide a first aid service. The Client is responsible for ensuring that first aid resources are available at the Client Site to the level that satisfies the requirements of Occupational Health and Safety (First Aid) regulations. The legislation sets out minimum standards for first aid in the workplace, including the numbers and contents of first aid kits and training of first aid personnel. This policy requires that all first aid injuries be reported and treated. The Contractor acknowledges that the Contractor has read this Schedule and agrees to the requirements therein. Page 7

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