Terms and Conditions
“Agreement” means the contract between LHC and the Host Employer
“Host Employer” means a Client of the LHC as defined 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 the LHC covered by this Agreement.
“LHC” means Dayjob Recruitment Pty Ltd or a related body corporate.
“Parties” means the Host Employer and the LHC.
“Regulations” mean the Fair Work Act 2009 (Commonwealth) Regulations, as applicable. “Workplace Law” means 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” means a person or a company which undertakes the Agreement to provide labour to perform a service or do a job.
“You” or “Your” means the Host Employer.
1. By hiring employees or contractors from the LHC, the Host Empoyer accepts the LHC terms and conditions.
2. 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.
3. In the event of the Host Employer requiring a replacement of the Employee/s the LHC agrees to use all reasonable attempts to replace the Employee within 3 business days after receiving a written notice from the Host Employer.
4. The LHC agrees to complete ongoing work as required by the Host Employer until otherwise notified.
5. 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
6. The LHC agrees that the Host Employer is not responsible for the payment or provision of any Employee entitlements other than agreed on this agreement.
7. The LHC undertakes that upon request, it will provide the Host Employer with all the evidence that all wages have been paid to the Employees of the LHC. Evidence may include time books and/or wage records, and price rate agreements.
8. The LHC agrees that it is responsible for arranging and paying superannuation contributions in respect of any persons it may employ.
9. 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.
10. The LHC undertakes to keep current public liability insurance applicable to the work being carried out on the Host Employer’s property.
11. 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, wear the required PPE on all of the worksites of the Host Employer and use any site- specific measures required.
12. 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
13. The Host Employer will conduct a WHS induction with the LHC and LHC Employees when needed.
14. 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.
15. The Host Employer must assure the safe work environment for the LHC employees at all times. The Host Employer is responsible for the health and safety of the LHC employees while they are working on the work sites of the Host Employer.
16. If a LHC Employee becomes injured, the Host Employer must notify the LHC of the injury as soon as practicable.
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. The Host Employer also requires that if any of the Employees of the LHC are under any prescribed medications which may affect their performance of duties, they should notify the Host Employer immediately along with required action from the Host Employer in the event of an incident.
20. Appropriate protective clothing must be worn, suitable to the conditions including long trousers, Hi-Vis work shirt and steel cap boots. The Host Employer must ensure the Employees of the LHC wear a hard hat and safety glasses when needed, while being on the construction site.
21. If any incident happens, both the Employee of the LHC and the Host Employer must fill out the incident report form (can be found WHS documentation), send it to the WHS representative of the LHC for further investigation. The results will be announced after the investigation.
RETENTION OF EMPLOYEES BY HOST EMPLOYER
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 to 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.
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 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 on time (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.
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.
TERMINATION OF AGREEMENT
35. Either party may terminate this Labour Hire Contract Agreement for any reason by giving five (5) business days written notice.