Terms and conditions
In these Terms of Business the following definitions apply:
“abrs” means Australian Barnardos Recruitment Services, ABN 18 068 557 906 (a social business venture of Barnardos Australia, a company limited by guarantee – Registered Charity No. CFN 13840).
“Client” means the person; firm or corporate body together with any related body corporate as defined by the Corporations Act 2001 to which the candidate is introduced and/or placed in a temporary on-hire assignment with named in the attached Schedule A
“Candidate”, “Temporary Employee” or “Independent Contractor” means the person introduced by abrs to the Client for Engagement as a permanent employee, fixed term employee, on-hire Temporary Assignments or named in Schedule A.
“Current Hourly Rate” means the hourly charge out rate detailed in Schedule A. Payable in accordance with Clause 13
“Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a permanent, fixed term or temporary basis, whether under a contract of service or for services; under an agency, license, and franchise or partnership agreement; or any other engagement; directly or through a company or other legal entity of which the Candidate is an officer or employee.
“Fee” means the monies payable to abrs in accordance with clauses 3 and 4 of these Terms of Business.
“Retainer” means the initial payment of one third of the expected total fee for a Premium Search assignment in accordance with clauses 3 and 4 of these Terms of Business.
“Position” means any position within the client organisation offered to an abrs Candidate, Temporary Employee or Independent Contractor within a 12 month period from the date of these Terms of Business.
“Remuneration” means the Candidate’s base salary and any other benefits or allowances which represent remuneration in other forms which include, but are not limited to, superannuation, motor vehicle, FBT and all other monies or benefits provided to the Candidate by the Client or a third party.
“Schedule A” means the schedule which is issued on acceptant of a abrs Temporary Employee which details the abrs Temporary Employee appointed, the rate, duration and other relevant information regarding the Temporary Assignment.
“Temporary Assignment” means the Temporary Assignment of an abrs Temporary Employee or Independent Contractor with the Client for the Temporary Assignment Period pursuant to this agreement as detailed in Schedule A.
“Temporary Assignment Period” means the proposed duration of the temporary assignment as detailed in Schedule A.
15% for salary package of up to $100,000
The total introduction placement fee is calculated on the total remuneration package of the candidate including superannuation and packaging plus GST.
Where a part-time position is offered the fee will be calculated at the total full-time equivalent remuneration package plus GST.
The Guarantee Provision referred to in Clause 5.1 is only valid and applicable in circumstances where the client:
(i) pays the Fee in full within thirty (30) days of abrs sending an invoice to the Client; informs abrs in writing within seven (7) days of the Candidate leaving the employment that it requires abrs to endeavor to find a replacement Candidate.
The Client agrees to comply with the terms of the Privacy Laws regarding Personal information and not to use Personal Information except for the purpose of engaging or considering a Candidate, Temporary Employee or Independent Contractor to provide services to the Client. The Client must ensure that before disclosing any Personal Information to abrs the Client is entitled to disclose that information and without taking any further steps as required by the Privacy Laws abrs may use and disclose such information for the purpose of providing recruitment services under these Terms of Business. If the Client becomes aware of any breach or alleged breach of the Privacy Laws concerning information disclosed by abrs to the Client or by the Client to abrs, then the Client must notify abrs immediately and comply with any reasonable directions of abrs with respect to such breach.
The Client Organisation accepts and acknowledges that, whilst abrs makes every reasonable effort to ensure the suitability of Candidates, the final recruitment decision lies with the Client Organisation. abrs and its Related Body Corporates (as that term is defined in the Corporations Act 2001 (Cwlth) shall not be responsible to the Client Organisation, and the Client Organisation agrees to indemnify abrs, its Related Body Corporates, their officers and employees, for any losses, costs, expenses or damages, however occasioned (direct, indirect or consequential), arising out of or in connection with the employment of a Candidate by the Client Organisation or from any delay or failure to refer a candidate to the Client Organisation.
Payment Terms On-Hire Temporary Staff