Terms and Conditions
Terms and conditions:
Acceptance of Terms
By using our Site, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please refrain from using our site or our services
Welcome to Dayjob Recruitment. This website, www.dayjob.com.au (the “Site”), is owned and operated by Dayjob Recruitment, ABN 13 622 210 100.
1.Dayjob Recruitment specializes in providing permanent placement and temporary placement services. We connect job seekers with employers, provide career advice, and offer other related services.
PERMANENT PLACEMENT SERVICE
Our Permanent Placement Services come with specific terms and conditions that are integral to our successful operation and provision of services. These details are comprehensively outlined in our Client Service Agreement. The agreement elucidates the full extent of our service offerings, the expectations we uphold for our clients, and the standards we commit ourselves to during the provision of these services. We encourage our clients and those interested in our services to review this agreement in order to understand how we can best assist you. For further information or to request a copy of our Client Service Agreement, please reach out to us at email@example.com.
LABOUR HIRE SERVICES
- “Agreement” refers to the contract between Dayjob Recruitment Pty Ltd and the Host Employer.
- “Host Employer” is a Client (defined as an entity or individual that enters into a service agreement with Dayjob Recruitment Pty Ltd) of the LHC under this Agreement, with whom the LHC has an agreement to provide on-hired worker services and to whom the Contractor may be assigned to work from time to time.
- “Employees” means Employee(s) of Dayjob Recruitment Pty Ltd (hereinafter referred to as LHC) covered by this Agreement.
- “LHC” means Dayjob Recruitment Pty Ltd or a related body corporate.
- “Parties” means the Host Employer and the LHC.“Workplace Law” refers to an award, modern award (and any individual flexibility arrangement made under a modern award), industrial instrument, workplace agreement (and any individual flexibility arrangement made under an enterprise agreement), rule, order, or legislative requirement which, but for this Agreement, would govern the terms and conditions of this Agreement.
- “Contractor” is a person or a company that commits to providing labour to perform a service or do a job under this Agreement.
- “You” or “Your” refers to the Host Employer.
2.By hiring employees or contractors from the LHC, the Host Empoyer accepts the LHC terms and conditions.
3.The Host Employer understands and agrees that any Employee supplied to the Host Employer by the LHC is an Employee of the LHC not of the Host Employer.
4.In the event of the Host Employer requiring a replacement of the Employee/s, the LHC commits to use all necessary and reasonable resources and efforts to replace the Employee within 3 business days after receiving written notice from the Host Employer.
5.The LHC agrees to complete ongoing work as required by the Host Employer until otherwise notified.
6.The LHC agrees it will not sub-contract out the work set out in this agreement without any prior agreement between the LHC and the Host Employer.
PAYMENT OF WAGES
7.The LHC agrees that the Host Employer is not responsible for the payment or provision of any Employee entitlements other than those explicitly stated and agreed upon in this agreement.
8.The LHC commits to provide, upon request, all the evidence that all wages have been paid to the Employees of the LHC. Evidence may include time books, wage records, and agreements indicating pay rates.
9.The LHC agrees that it is responsible for arranging and paying superannuation contributions in respect of any persons it may employ, in accordance with statutory requirements.
10.The LHC agrees that it is the responsibility of the LHC to arrange and pay workers’ compensation insurance in respect of any persons it may employ, maintaining at least the minimum coverage as required by law.
11.The LHC undertakes to keep current public liability insurance that covers the work being carried out on the Host Employer’s property, providing at least the minimum coverage as required by law.
12.As agreed, the LHC covers workers’ compensation and public liability for all of the Employees of the LHC. The Host Employer takes full responsibility in making sure that all of the Employees of the LHC are operating in a safe working environment, complying with all local Work Health and Safety regulations, wearing the required PPE on all of the worksites of the Host Employer, and using any site-specific measures required.
13.As the employer of the Employees, the LHC undertakes to pay payroll tax when required under the provisions of the Payroll Tax Act 1971.
WORK HEALTH AND SAFETY
14.The Host Employer will conduct a WHS induction with the LHC and LHC Employees when needed.
15.The LHC agrees that it will carry out its obligations under the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011, to ensure the health and safety of its Employees at all times.
16.The Host Employer agrees that it is responsible for the health and safety of the LHC Employees while they are working on the worksites of the Host Employer, which includes compliance with Work Health and Safety regulations applicable in the state where the work is being carried out.
17.Prior to the commencement of work on the host employer’s property, the LHC is required to inform the Host Employer of any of its Employees medical conditions that may affect the health and well-being of the LHC Employees or any other persons working on the site, and/or may affect the quality of the Host Employer’s product and processes.
18.The Host Employer takes a “zero tolerance” approach to drugs and alcohol in the workplace (including vehicles, machinery, and at work-related activities).
19.LHC employees must promptly notify the Host Employer if they are on any prescribed medications that may impact their ability to perform their duties safely and effectively. Additionally, the Host Employer should be prepared to take appropriate action in the event of an incident.
20.Appropriate protective clothing suitable to the conditions, including long trousers, Hi-Vis work shirts, and steel cap boots, must be worn by all LHC employees. The Host Employer is responsible for ensuring LHC employees wear additional safety equipment such as hard hats and safety glasses, as needed, while on a construction site.
21.If any incident (defined as any occurrence resulting in injury, damage, or disruption) occurs, both the Employee of the LHC and the Host Employer must fill out the incident report form (can be found in WHS documentation), and send it to the WHS representative of the LHC for further investigation. The results will be announced after the investigation.
RETENTION OF EMPLOYEES
22.If the Host Employer (or any entity or body corporate related to or associated with the Host Employer) has contact with an Employee of LHC through or in connection with an Assignment, and employs or engages any current or former Employee (either directly or indirectly) during that Assignment within 12 months of the expiration of that Assignment, then LHC’s Placement Agreement Fee will apply.
23.The Placement Agreement Fee is calculated by multiplying the Employee’s anticipated Remuneration, by the relevant percentage that applies to the higher of the Candidate’s proposed or agreed Remuneration within that range (as set out below).
Candidate’s proposed or agreed (whichever is higher) Remuneration
Percentage of Remuneration payable to LHC as the Placement Fee (exclusive of GST)
$0 to $54,999.99 @ 12 %
$55,000 to $74,999.99 @ 14 %
$75,000 to $99,999.99 @ 16 %
$100,000 and above @ 18 %
24.The Host Employer agrees that it will not offer to retain or engage any Employee, whether directly or indirectly, or permit any other person to offer to retain or engage any Employee of the LHC, during an assignment (defined as the period during which the Employee is placed with the Host Employer) without seeking prior permission in writing from the LHC.
POLICIES AND PROCEDURES
25.The LHC will arrange for its Employees to undertake a site induction in order to comply with all workplace policies and procedures maintained by the host employer.
26.The LHC agrees it will provide its Employees with access to the host employer’s workplace policies and procedures prior to the commencement of work on the host employer’s property, via a pre-agreed method.
27.The LHC undertakes that all of its Employees that commence work on the Host Employer’s property have the right to work in Australia, and that appropriate visa and work rights checks have been made in accordance with the Migration Act 1958 (Cth). Furthermore, the LHC undertakes to provide evidence of such work rights to the Host Employer where requested – ie VEVO documentation (Visa Entitlement Verification Online, Department of Border Protection website).
28.The Host Employer agrees to confirm the working hours of all of the Employees supplied by the LHC by dating and signing the timesheets provided by the LHC to every Employee of the LHC at the end of each work day, as well as at the end of each work week.
29.The LHC undertakes that, before receiving payment for any work performed, it will provide the Host Employer with an invoice for work completed in the previous 7-day period (i.e. on a weekly basis).
30.The Host Employer agrees to pay the LHC at the completion of work, and upon receipt of an invoice from the LHC via direct deposit into a bank account nominated by the LHC or by cheque.
31.Unless otherwise specified, all amounts payable under this agreement are inclusive of GST.
32. The Host Employer agrees to pay the LHC on a weekly/fortnightly basis for the work completed by the Employees of the LHC.
33.The Host Employer agrees to pay the LHC according to the marked due date on every invoice. When breaching that clause, LHC has a right to charge the Host Employer an interest rate of 0.12% a day of the invoiced amount, up to a maximum amount as specified by local financial regulations.
34.LHC Employees work under the instruction and supervision given by the Host Employer. By signing the timesheet, the Host Employer agrees that the work is done in a proper manner and best possible practice. Later claims will not be addressed for any discount or repair purposes.
35.The agreement can be terminated by either party giving the other party 5 days’ written notice. Further obligations regarding confidentiality, return of property, and other matters will be handled according to local laws and regulations.
LABOUR HIRE DISPUTE RESOLUTION
36.In the event of any disputes, they will be resolved through arbitration under the jurisdiction of the courts in the city where the LHC is based. The laws of that jurisdiction will apply to this Agreement.
37.The Host Employer acknowledges that it has read, understood and agrees to the terms and conditions set out in this Agreement.
39.All content on our Site, including text, graphics, logos, and images, is our property and is protected by copyright laws.
40.Dayjob Recruitment exclusively operates under the following official domain names:
41.These are the only authorized domains for Dayjob Recruitment’s operations and services. Any other website or domain name that appears to be in any way affiliated with Dayjob Recruitment, but is not listed above, should be considered suspicious and possibly fraudulent. We strongly advise users to ensure they are interacting with our official domains and to report any suspicious activities involving misuse of our brand and services to us immediately. Dayjob Recruitment accepts no liability for any harm or damage resulting from interacting with unofficial websites or domain names and reserves the right to take legal action against individuals or entities involved in the unauthorized use of our brand and likeness.
RULES OF CONDUCT
42.Users must not use our Site for any activities that breach any laws, infringe a third party’s rights, or breach any standards, content requirements, or codes promoted by any relevant authority.
LIMITATION OF LIABILITY
43.To the fullest extent permitted by law, Dayjob Recruitment excludes all liability for any loss or damage, however, caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site.
44.You agree to indemnify Dayjob Recruitment and its employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of your use of the Site.
SITE ACCESS TERMINATION
45.Dayjob Recruitment reserves the right to terminate your access to the Site and the services at any time, without notice, for any reason whatsoever.
46.Any disputes relating to these Terms or your use of our Site will be governed by the laws of New South Wales, Australia.
47.In the event of any disputes with regard to our Labour Hire, they will be resolved through arbitration under the jurisdiction of the courts in the city where the LHC is based. The laws of that jurisdiction will apply to this Agreement.
CHANGES TO THESE TERMS
48.We may modify these Terms at any time. Continued use of our Site following any such changes signifies your acceptance of the modified Terms.