Terms of Business
Terms of Business
By engaging with us you agree to the standard terms and conditions of Construction-Recruitment. Please read these Terms of Business carefully, as they are binding upon you. All information is private and confidential.
TERMS OF BUSINESS FOR THE INTRODUCTION OF STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT (Permanent/Fixed Term or Consultancy Staff)
1. DEFINITIONS
In these Terms of Business, the following definitions apply:
“Candidate” means the person introduced by the Company to the Client for an Engagement including any members of the Company’s own staff;
“Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by Australian legislation to whom the Candidate is introduced;
“Company” means Construction-Recruitment Pty Ltd (ACN 647 042 064) as Trustee for Construction Recruitment Unit Trust, ABN 503 935 210 86;
“Engagement” means the employment or use of the Candidate by the Client on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement; or any other engagement;
“Introduction” means the Client’s interview of a Candidate in person, by telephone, video or via email, following the Client’s instruction to the Company to search for an Applicant; or the passing to the Client of a curriculum vitae or other information including video which identifies the Candidate and which leads to an Engagement of that Candidate by the Client;
Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.
The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
These Terms and Conditions of Business are between Construction-Recruitment (“the COMPANY”) and the Employment Client (“the CLIENT”) are deemed to be accepted by the Client by virtue of an interview or the engagement (which term includes employment or use whether under a contract of service or for services) of a Candidate introduced by the Agent.
Unless otherwise agreed in writing by an authorized representative of the Company, these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.
No variation or alteration of these Terms of Business shall be valid unless approved in writing by an authorised representative of the Company.
These Terms are in substitution for any previous Terms and Conditions for the Supply of Staff, which the Client may have entered into with the Employment Business and any such previous Terms and Conditions are hereby superseded.
3. NOTIFICATION AND FEES
3.1 The Client agrees:
to notify the Company immediately of any offer of an Engagement which it makes to the Applicant;
to notify the Company immediately that its offer of an Engagement to the Candidate has been accepted and to provide details of the Remuneration to the Company; and
to pay the Company’s fee within 7 days of the date of invoice.
3.2 The Company reserves the right to charge interest on invoices amounts unpaid for more than 7 days at the rate of 3% per month on the cumulative balance outstanding after the due date.
3.3 The fee payable to the Company by the Client for an Introduction resulting in an Engagement is calculated on the candidate’s commencement of employment as a percentage of the anticipated first year’s ‘Total Remuneration Package’ or ‘TRP’. GST will be charged on the fee. TRP is deemed to be inclusive of superannuation. Where a car is included as part of the remuneration package, this will be deemed to represent an additional $15,000. Any additional bonuses or performance related incentives will not be included in TRP.
3.4a. The client will be charged according to the type of engagement agreed.
- 15% - Contingency
- 12% - Exclusive
4. FIXED TERM CONTRACTS
4.1 Our fees are calculated on an overall percentage of the anticipated total gross remuneration for the duration of the fixed term contract, as set out in clause 3.4, which is payable upon receipt by the Client of the written acceptance of the offer of employment.
4.2 The Client / Candidate is responsible for any payroll, payroll tax, superannuation, workers compensation, public liability and public indemnity insurance that is required for the duration of the fixed term contract.
4.3 The client has a duty of care towards the Candidate on the fixed term contract with them, and must treat them in the same manner as they would one of their own employees.
4.4 Should a contract be extended, renewed or become permanent for any reason, a further fee of the anticipated total gross remuneration for the duration of this extended period, as set out in clause 3.4, up to a maximum of 12 months, will be charged and is payable at the beginning of that additional period.
4.5 The Client warrants that it has in place a current Occupational Health and Safety Policy and a current Anti-Discrimination Policy and will ensure that the Candidate works under conditions that are subject to these policies.
5. CONSULTANCY ARRANGEMENTS
5.1 For any consultancy arrangement agreed with any of our candidates with no specific starting salary and where remuneration is based on a commission or other form of payment other than an agreed rate or TRP, a fee plus a percentage of the total commission or other form of payment covered in the first year will be agreed, in advance, in writing.
5.2 The balance of the fee element and the percentage of the total commission or other form of payment covered in the first year is payable upon receipt by the Client of the Candidates written acceptance of the offer of Employment.
5.3 In the absence of any prior written agreement a minimum charge of $7,500 will be made for the fee element of any such introduction.
6. GST
6.1 In these Terms, GST means any goods and services or value added tax or any tax or charge of a like nature levied or imposed in relation to a supply (or deemed supply) of any goods, property, service or any other thing.
6.2 GST Amount is the amount calculated by multiplying the consideration provided (or deemed to be provided) for the relevant supply by the rate at which that GST is levied or imposed.
6.3 If GST is levied or imposed on, or in respect of any supply made under, or in connection with, these Terms, then the recipient of this supply must, in addition to the consideration provided (or deemed to be provided) for that supply, pay the GST Amount to the relevant person at the same time at which the consideration for the supply is payable.
7. CONDITIONS
7.1 Fees are charged on the appointment of any candidate introduced by us, and are payable in accordance with clauses 1 to 5, respectively. The appointment is confirmed upon the candidate's formal acceptance of the position unless otherwise agreed in writing by us. 7.2 Where a candidate has been submitted to the Client and is initially rejected by the Client or if the candidate rejects an offer of employment but then is subsequently employed by the Client in any capacity, up to and including 12 months after the initial introduction date, the Client shall be responsible for the full applicable fee resulting from such employment.
7.3 Where a formal contract of employment is accepted by a candidate after an initial trial or probationary period or after a fixed term contract or otherwise, it will be deemed that an agreement has been entered into between the candidate and the Client for an appointment of the candidate for full time/part-time employment and fees will be charged in accordance with the scale in clause 3.
7.4 A fee will be charged to the Client if any person appointed by the Client was employed by us prior to their appointment with the Client and such appointment arose as a result of the Client’s normal business dealings with the Company. The fee payable will be in accordance with clause 3, 4 or 5 depending on whether the appointment is for full-time/part time employment, a fixed term contract or a consultancy arrangement.
7.5 Making any offer of employment to any candidate introduced by or on behalf of the Company is deemed to be acceptance of all these terms and conditions of business.
7.6 Any out of pocket expenses that may be incurred by the Company shall be agreed with the Client prior to these occurring and shall be billed at cost.
8. GUARANTEES
8.1 In order to qualify for the following guarantees, the Client must have paid the Company’s fee within 7 days of the date of the invoice, must notify the Company in writing of the termination of the Engagement within 7 days of its termination, and must also not have any outstanding fees to the Company. If fees were paid outside these terms of business then the Client shall forfeit any guarantee.
8.2 If for reasons other than Illness or death of the Candidate, Company restructure, change in job description, retrenchment, redundancy or closure of business the Engagement terminates before the end of 12 weeks from the commencement of the Engagement then the Company will endeavour to replace the candidate at no cost.
8.3 No guarantee will be given where a discount on the fees has been given, unless otherwise stated in writing by us.
8.4 In the event a suitable candidate is not found, the Client will be issued a credit note to be used in future business dealings with the Company. The Client must use the credit note within 12 months of the termination date, thereafter the Client shall forfeit the credit note.
8.5 The value of the credit note will not exceed the value of the invoice issued by the Company pursuant to clause 3 of this agreement.
8.6 This guarantee does not include the replacement of candidates that have previously been replaced under clause 8.2 and does not apply to any permanent appointments resulting from a temporary introduction or fixed term contract.
8.7 Should the Client or any subsidiary or associated Company of the Client subsequently re- engage the Candidate within the period of 12 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 above becomes payable, with no entitlement to a further guarantee.
9. INTRODUCTIONS
9.1 All information supplied by us is strictly confidential and must not be released to any third party without prior written consent. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the Company which results in an Engagement with that third party within 12 months of the Introduction renders the Client (apart from being liable for breach of confidentiality) liable to payment of the Company’s fee as set out in clause 3.4 with no entitlement to any guarantee, just as if the Client had employed that Candidate themselves.
9.2 An introduction fee calculated in accordance with clause 3.4 will be charged in relation to any Candidate engaged as a consequence of or resulting from an introduction by or through the Company, whether direct or indirect, within 12 months from the date of the Company’s introduction.
10. SUITABILITY
10.1 The Company endeavours to ensure the suitability of any Candidate introduced to the Client. Notwithstanding this the Client shall satisfy itself as to the suitability of the Candidate and shall take up any references provided by the Candidate and/or Company before engaging such Applicant. The final decision as to suitability of the candidate rests with the Client and the Client must satisfy themselves in this respect.
10.2 The Company makes no warranty that any person introduced by them will perform to any particular standard if employed by the Client, and is not responsible for any loss the Client may incur as a result of the employment (or non-employment) of any person by the Client. The Client shall be responsible for obtaining work and other permits if required, including criminal record checks and Prohibited Employment Declaration if required, the arrangement of medical examinations and/or investigations into the medical history of any Candidate, and satisfying any medical and other requirements or qualifications required by law of the country in which the Candidate is engaged to work.
10.3 The client should be aware of the amendments to the Privacy Act (2000) that allow all persons access to their personal information, thus the Company can in no way be held liable for the information provided to the Company in the course of reference checking and/or employment history. In most cases this information will be supplied by the Candidate or by a third party, therefore the Company does not warrant the truth of any information supplied to the Client concerning the Candidate. The client agrees to the C-R Privacy Policy published on the C-R website.
10.4 The Client must inform the Company if it wishes to do its own reference checks as under Australian legislation the candidate has a right to be notified before they are undertaken.
11. LIABILITY
11.1 The Company, its servants and agents shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Company seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Company to introduce any Applicant. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
11.2 The commencement of the Engagement between the Client and the Candidate renders the Client as having full responsibility and liability for the employee.
12. DISPUTES
12.1 If the parties are unable to agree on any matter under this agreement either of them may give written notice to the other stating details of the matter in dispute and requiring that the matter be resolved by a meeting between the parties.
12.2 The parties must meet in good faith to seek to resolve any area of dispute. The parties must meet together within Seven (7) days of the serving of notice of a dispute under this document.
12.3 If the parties cannot resolve the dispute within Seven (7) days of the initial meeting as set out in clause 12.2 above, the parties agree to refer the dispute to mediation established in accordance with the rules of the Australian Commercial Dispute Centre Limited.
12.4 The parties to the dispute are entitled to be represented by a qualified legal practitioner at any such mediation.
12.5 The parties agree to meet equally the costs of their own representation and to share equally in the costs incurred by the mediation being conducted.
13. LAW
13.1 The Terms are governed by the individual laws of the States and Territories of Australia depending on the location of the Clients offices and the place of work of the Candidate. Terms are subject to the exclusive jurisdiction of the State and Territory’s Courts respectively.
Construction-Recruitment
Level 18, 324 Queen Street, Brisbane QLD 4000
ABN 503 935 210 86
www.construction-recruitment.com.au
welcome@construction-recruitment.com.au
1300 233 540