TERMS OF BUSINESS - Kruzer Recruitment

TERMS OF BUSINESS
Standard Recruitment Fees
1.
These terms and Conditions of Business are between KRUZER
RECRUITMENT AND LABOUR HIRE PTY LTD. (hereinafter called
KRUZER) ABN XXXXXXX and the Employer Client (hereinafter
called the Client) and become effective when the Client
returns a signed copy of this document to KRUZER, or by virtue
of an interview or the employment of an applicant introduced
by KRUZER after having received a copy of this document. The
term “Employment” includes permanent employment, parttime employment, casual employment, on-hired employment,
contract employment or engagement of the introduced
applicant through KRUZER or another employment agency.
The terms “us”, “our” or “we” refers to KRUZER; “you”,
“yours” or “your” refers to the Client.
6.
In the event that you defer a hiring decision or you pass on the
introduction of an applicant we have introduced to you to
another company or employer, and the applicant is hired
within 12 months of the date of initial introduction, then you
agree that we are entitled to the permanent placement fee
and will invoice you according.
7.
You understand and accept that the decision to appoint an
applicant introduced by us is solely yours and that we do not
accept any responsibility for any acts, errors or omissions
whether wilful, negligent or otherwise, of the applicants
introduced to you.
8.
Any advertising and associated recruitment costs incurred by
us will be at your expense and we will invoice you accordingly.
Such expenses will only be incurred after consultation with
and prior agreement from you.
9.
You agree to abide by the Privacy Act 1977 and amendments
including the Privacy Amendment Act 2000 regarding Personal
Information and not to use Personal Information provided by
us except for the purposes of considering or employing a
Candidate for assignment with you.
STANDARD – PERMANENT RECRUITMENT FEES
2.
You will notify us immediately if an applicant introduced by us
is offered and accepts employment with you.
3.
For permanent recruitment fee calculation, the starting salary
package is the sum of the base salary offered plus
superannuation and, in the instance where a motor vehicle is
provided, an additional value of $15,000 is included in the
calculation of the salary package. You agree to pay our
Permanent Recruitment fees 14 days from the invoice date.
Starting Salary
Package
Up to $50,000
$50,001 to $100,000
$100,001 and over
Percentage of Starting
Salary Package
12.5%
15.0%
18.0%
TEMPORARY STAFF SUPPLY
10. The Temporary Staff we supply to you must be engaged for a
minimum period of four hours in any given day unless site or
award conditions state otherwise.
11. Temporary Staff Rates charged are fully inclusive and cover
worker’s compensation, payroll tax, superannuation, leave
provisions, recruitment and administration costs.
All
Temporary Staff supplied are our employees and are paid
directly by us. You acknowledge that the provisions of the
relevant Award, Industrial Instrument or Site Agreement,
specific to your site, shall be adhered to. Charges are made
only for the actual hours worked by the Temporary. There are
no charges for meal breaks, sick leave or time off. Where
penalty and overtime provisions apply an additional charge
will be made.
4.
If the employment of an applicant is terminated for any reason
(except redundancy, retrenchment, restructuring, takeovers,
mergers, receivership or liquidation or any other reason
beyond our control) during the first 12 weeks of employment
one full replacement guarantee will apply, provided that full
payment for fees has been received within 14 days after the
invoice date and provided that notification of termination is
given to KRUZER in writing within 14 days of the date of
termination.
5.
Subject to the above conditions being met we will seek a
replacement employee for the Client without charging
additional placement fees. However all additional costs
including, but not limited to, advertising, travel, couriers and
other out-of-pocket expenses are not included in this
guarantee and will be invoiced at cost.
12. You agree that should an Award, Site Agreement or other
Industrial Instrument applicable to the Temporary Staff
supplied to your site be modified and those modifications be
retrospective then you are liable for any back pay costs
associated with those retrospective changes.
The guarantee does not apply to replacement candidates or to
contractor or on-hired employees who were previously
assigned on a contract or on-hired basis with the client. The
replacement guarantee is non-transferrable and the client is
not entitled to a refund or credit in respect of any guarantee
not taken up by the Client or undertaken, but not fulfilled, by
KRUZER.
13. You agree that should you wish to appoint Temporary Staff
supplied by us to your own payroll (or that of an associated
company) or engage them through another recruitment
agency during an assignment or within a period of 12 months
from the date of the last appointment, a placement fee will
apply. This placement fee will be calculated in accordance
with our terms and conditions of business (Permanent
Recruitment – clauses 3 and 4), unless otherwise negotiated.
14. Every effort is made by us to maintain high standards of
integrity and reliability among our Temporary Staff and to
provide staff in accordance with your bookings. However, you
agree that we can accept no liability for any loss, expense,
damage or delay arising from any failure by us to provide staff
for all or part of the period of the booking or errors made by,
or misconduct of, staff provided.
15. You acknowledge and agree that we are not performing the
services required of our Temporary Staff or independent
contractors, but are instead the supplier of our employees and
independent contracts, at your request, to perform the work
that it has requested. From the time that our employees or
independent contractors report to you for their duties they are
under your care, control and supervision for the duration of
the assignment. You agree we are not liable for any damage,
loss or injury of whatsoever nature or kind, however caused,
whether by our negligence or the negligence of one of our
workers, their servants or agents or otherwise, which may be
suffered or incurred, whether directly or indirectly, in respect
to the services provided under these conditions of assignment.
16. Our Temporary Staff shall be under your direction and control
from the time of commencement of their duties and for the
duration of the assignment. You are responsible for all acts,
errors or omissions whether wilful or negligent or otherwise of
the Temporary Staff and shall ensure compliance with all
statutory requirements (as they apply to you) relating to the
Temporary Staff. You agree that our liability to you shall,
subject to any specific contrary statutory provision, be limited
to the fees paid for the Temporary Staff by you.
17. You agree to provide us with full and accurate information
about the job requirements relevant to the assignment by
means of a written assignment description; not to on-hire or
resupply our workers to any other person; not to allocate tasks
or responsibilities to our workers or require our workers to
perform or participate in work (other than in accordance with
the relevant assignment description); not to request our
workers to perform or participate in any work or use any
equipment with which our workers, or their employees or
agents, are unfamiliar or in respect of which they are
unqualified or have not received adequate training; to
supervise, instruct and direct our workers properly at all times
whilst they are on assignment; to supervise, instruct and direct
your own employees and contractors properly at all times
whilst our workers are on assignment; and to comply with
obligations to our workers pursuant to relevant legislation,
including legislation regarding workplace or occupational
health and safety, discrimination and harassment.
18. You agree to maintain a safe work environment and safe
systems of work; to establish safe work practices; to
communicate safe work procedures to each of our workers; to
comply with safety standards; to maintain plant and
equipment; to provide induction, training and safety
consumables to our workers where appropriate; to inform our
workers and us promptly of any workplace risk or practice or
of any change in site or safety conditions that may present a
hazard to our workers; to comply with our reasonable request
to ensure the workplace health and safety of our workers; to
ensure that our workers will be covered by the following
insurance policies, or other suitable and permissible statutory
indemnity or self -insurance arrangement whilst working on
assignment to you:
o
o
o
o
Public Liability
Professional Indemnity;
Compulsory third party motor vehicle insurance;
Fully comprehensive motor vehicle insurance.
19. You agree to report to us any performance issues in relation to
our workers in a written format, so that we can manage the
feedback process to our workers; to forward to us promptly a
written notification of any workplace incident that may give
rise to a claim by, against or involving our workers; to maintain
the confidentiality and privacy of information we provide to
you about our workers, whether written or verbal, including
the fact that they are looking for work.
20. We will invoice you weekly for Temporary Staff and you agree
to pay our Temporary Staff accounts within seven days from
invoice date. Temporary Staff charge rates are subject to
change without notice in the event of Award or Site
Agreement variations or changes in government imposts (such
as GST, etc.) Any amended rates will apply from the date you
receive written notification of the amended charge rates or
from the date that the amended charge rates are stated to
commence.
21. All fees and charges quoted are exclusive of GST. GST will be
added to them at the prevailing rate unless it is assessed to be
GST exempt. All expenses to be invoiced to you will be
invoiced net of any Input Tax Credit to KRUZER, plus GST as
applicable.
22. You agree that any invoice or part of an invoice that remains
unpaid outside our agreed trading terms will be subject to
interest at the interest rate quoted in the Financial Review by
National Australia Bank as its Business Overdraft Prime
Interest rate plus 2.0% per annum. Interest accrues from day
to day, from the day the invoice was issued by us until and
including the day the invoice is repaid in full. Any amount of
interest, together with the outstanding invoiced amount, is
payable by you on receipt of a written demand from us.
Additionally, you agree that you are liable for any third party
collection costs that we may incur as a result of you not paying
our invoices within our agreed trading terms.
23. As part of our supply of recruitment services to you, you will
be given a username and password to enable access to your
Recruit Online account. This account is accessible from our
website (www.kruzer.com.au) and we will provide a
demonstration of the Recruit Online system to you. In using
the Recruit Online system you agree to keep your username
and password details confidential and that you are responsible
for actions taken using your log on credentials.
I confirm that I have received a copy of KRUZER’s Terms and
Conditions of Business, have the authority accept them and
duly accept the terms and fee and structure as outlined in
them:
Name : ___________________________________________
Position: __________________________________________
Company: _________________________________________
ABN: _____________________________________________
Signature: _________________________________________