This contract is made between bailey Personnel Pty Ltd [ABN 83 157 784 542] (bailey) and the Client.
1. When the Client requests bailey, whether in writing or verbally, to supply a bailey employee or employees (bailey Staff) to undertake work of any nature for or on behalf of the Client (Assignment), this will constitute an order of bailey Staff by the Client (Order).
2. The Client’s Order of bailey Staff for an Assignment will constitute the Client’s acceptance of these Terms and Conditions of Business (Terms) and both the Client and bailey acknowledge that these Terms will be contractually binding between the Client and bailey even if these Terms are not signed by either the Client or bailey.
3. The Client accepts the current bailey hourly charge rates for each bailey Staff that works on an Assignment (Fee) as notified by bailey to the Client at or about the time of the placement of the Order.
4. On commencement of the Assignment the Client must:
a. Meet with bailey Staff to familiarise them with the environment and objective of the Assignment; b. Carry out introductions of the Client’s relevant staff and contractors to bailey Staff; c. Provide specific site safety inductions for each location at which bailey Staff will work in connection with the Assignment; d. Ensure that all necessary equipment (including protective equipment) required for the Assignment is available and provided to bailey Staff; and e. Carry out risk assessments in connection with any duties or tasks required by the Assignment (Work) and ensure that the safety of the Client’s transport activities is in compliance with the National Heavy Vehicle Law and to ensure that the health and safety of bailey Staff is protected.
5. The Client must ensure that bailey Staff do not commence any Work prior to the requirements of this clause being complied with.
6. For the duration of the Assignment, bailey Staff will perform all (Work) under the control, direction, and supervision of the Client.
7. Amendments to the Work or location of the Assignment as provided to bailey in the Order, must only be undertaken after bailey, the Client, and bailey Staff have been consulted, and bailey has agreed to such changes.
8. Where amendments to the Work or location of the Assignment are agreed upon, the Client must ensure that no Work is carried out by the bailey Staff, unless the bailey Staff has received, from the Client, all such information, instruction, training, protective equipment, necessary supervision, and induction requirements to enable bailey Staff to perform the Work in a manner that is safe and without risks to health and in compliance with the National Heavy Vehicle Law.
9. If amendments are made to the Work required by bailey Staff on an Assignment or the location of the Assignment, bailey reserves the right to change the Fee provided that any amendments to the Fee are notified by bailey in writing to the Client prior to the Fee being charged.
10. The Client agrees that bailey Staff will be allowed to suspend the Work/Assignment, without liability, if the work environment is unsafe, as determined in bailey’s sole discretion. If the safety concern is not rectified bailey will be entitled to terminate the Work/Assignment, without liability, and be paid for all services rendered to the point of termination.
11. The Client must comply with all relevant State and Commonwealth laws, including workplace health & safety legislation and the National Heavy Vehicle Law in connection with the Assignment.
12. The Client is not permitted to contact bailey Staff directly to place bailey Staff for an Assignment. All bailey Staff must be placed in an Assignment by bailey, not the Client.
13. The Client must provide a safe working environment and system of work, without risk to health and provide all such information, instruction, training, protective equipment, and supervision of the bailey Staff as necessary, to enable them to perform the Work in a manner that is safe and without risks to health including all requirements to ensure safety under National Heavy Vehicle Law.
14. The Client must not allow any bailey Staff to carry out work in a manner that is unsafe or is contrary to the National Heavy Vehicle Law.
15. The Client will notify bailey immediately of any work related incidents or injuries affecting bailey Staff.
16. bailey representatives may visit a Client workplace from time to time to inspect safety arrangements for bailey Staff. The Client will provide bailey representatives a right of access at all times for safety inspections and other safety related purposes. The Client may be requested by bailey representatives to make appropriate changes to eliminate any health or safety risks identified or changes to ensure safety under the National Heavy Vehicle Law.
17. In the event the Client requires bailey Staff to bring their own equipment other than basic hand tools (i.e. electrical tools, harnesses etc.) onsite the Client must inform bailey prior to bailey Staff undertaking Work. If bailey Staff choose to bring their own equipment other than basic hand tools (i.e. electrical tools, harnesses etc.) the Client must inform bailey prior to them using this equipment.
18. If bailey Staff are required to drive a motor vehicle at the Client’s request the Client must ensure compliance with the National Heavy Vehicle Law including that the motor vehicle is comprehensively insured, roadworthy, registered, and the bailey Staff have a current driver’s license to drive the class of vehicle required by the Client.
19. bailey Staff will work such hours as agreed between the Client, bailey Staff, and bailey from time to time.
20. The agreed work hours will be in accordance with fatigue management protocols.
21. The Client must inform bailey of any industrial instruments applicable to the Work.
22. The Fee incorporates payment of wages and allowances to bailey Staff in accordance with bailey’s legislative obligations. The Fee also incorporates applicable on-costs in accordance with bailey’s legislative obligations e.g. worker’s compensation insurance, payroll taxes, superannuation, public liability, and professional indemnity insurances where applicable.
23. bailey will pay bailey Staff and charge the Client accordingly on the basis of hours shown on the bailey Assignment timesheet or the Client’s equivalent record where such equivalent record is approved by bailey in writing. It is the Client’s responsibility to ensure that the timesheet is accurate and does not overstate or understate the hours worked by bailey Staff.
24. The Client undertakes to have all timesheets authorised by an appropriate person provided that any failure to do so will not alter the Client’s obligation to pay the applicable Fee.
25. The Fee will be applied to a minimum four (4) hours per day for each bailey Staff provided to the Client for the Work.
26. bailey reserves the right to increase its Fee at any time and with immediate effect where wages, allowances or on costs for bailey Staff increase as required by applicable legislation or an applicable industrial instrument or due to increases in the cost of workers’ compensation premiums or other applicable insurance premiums.
27. The Client must not make any payment directly to bailey Staff.
28. All meal, vehicle, travel, and other allowances will be paid directly to bailey Staff in accordance with the relevant industrial instrument and invoiced to the Client at cost plus 10% to cover statutory and administration costs.
29. A minimum of six (6) hours notice is to be given by the Client to bailey to terminate an Assignment.
30. Where the Client does not provide the required notice of termination, bailey is entitled to charge the Client a Fee for the equivalent of four (4) hours of Work for each bailey Staff for whom the required notice of cancellation of the Assignment was not provided.
31. Where the Client reports unsatisfactory performance of bailey Staff, there will be no charge to the Client, provided bailey is notified within the first two (2) hours of the commencement of the bailey Staff in question in relation to the Assignment.
32. Where unsatisfactory performance has been noted, bailey will endeavour to replace the bailey Staff member/s as soon as possible.
33. Should a Client wish to directly employ a bailey Staff member a placement fee must be paid to bailey immediately upon the bailey Staff member accepting the offer of employment. The placement fee is $6000 plus GST, or such other amount as otherwise agreed in writing between bailey and the Client, and is payable by the Client within fourteen (14) days of bailey issuing an invoice to the Client.
34. Invoices are tendered on a weekly basis and are due and payable to bailey seven (7) days from the date of invoice unless otherwise agreed in writing between bailey and the Client. Invoices will include the breakdown of hours (ordinary/overtime), allowance and subsequent charges per bailey Staff member and carry Goods & Services Tax (GST) at the prevailing rate.
35. bailey reserve the right to charge the Client interests on overdue accounts at market rate unless prior arrangement has been made between the Client and bailey.
36. bailey maintains current insurance policies with regard to applicable workers’ compensation public liability, and professional indemnity where required. bailey will provide evidence of insurance upon the Client’s request.
37. The Client must hold public liability insurance for a sum not less than $10 million that covers the Work.
38. As the Client is responsible for the control, supervision, and direction of bailey staff in connection with the Work, the Client must satisfy itself that bailey Staff have the qualifications, aptitude, skills, relevant licenses, training, and experience to undertake the Work, and that bailey Staff are medically fit to undertake the Work. bailey makes no representations concerning the suitability of bailey Staff for the Work.
39. As bailey is simply providing labour to the Client, and is not responsible for undertaking the Work, the Client releases and indemnifies bailey (on a full indemnity basis) in respect of all liability for any loss, claim, damage, penalty, fine, or expense in connection with bailey’s supply of bailey Staff to the Client including, but not limited to, indirect or consequential damage or loss suffered by the Client, bailey, bailey Staff, a bailey officer, a bailey agent or a third party arising from any act or omission by the Client, bailey, bailey Staff, a bailey officer, a bailey agent or a third party.
40. No rule of construction applies to disadvantage bailey for the preparation of these Terms.
41. For the Purpose of the “Determination of bailey Staff Suitability” provision of these Terms bailey includes all related bodies corporate of bailey within the meaning of s.50 of the Corporations Act 2001, together with each and every director, officer, employee, servant, and agent of bailey and its related bodies corporate.
42. These Terms constitute the entire agreement between bailey and the Client in connection with the supply of bailey Staff to the Client. For the avoidance of doubt, these Terms supersede, revoke, and nullify any representations, other agreements, other contracts, or other understandings between bailey and the Client which in any way relate to the supply of bailey Staff to the Client and will apply despite any attempt by the Client to, at anytime, oust the application of these Terms.
43. For the avoidance of doubt, bailey does not accept any terms and conditions issued by the Client in connection with the supply of bailey Staff to the Client.
44. The Client agrees that any implied contractual terms in favour of the Client (if any), including but not limited to any implied indemnity in favour of the Client (if any), which might otherwise apply to the supply of bailey Staff to the Client, are expressly excluded.
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