1. Operation of these terms
These Service Terms apply solely to any Labour Hire Services Ordered by you.
2. General obligations
2.1 Our responsibilities in relation to Works
We will remain responsible for the following in relation to the Worker while on Assignment with you:
maintain our relationship as the sole employer of the Worker;
contributing to a positive work experience for both you and the Worker; including (but not limited to) encouraging goal setting, regular feedback loops, and establishing support structures;
the payment of all amounts due to a Worker under the terms of any relevant industrial instrument, law or contract, with respect to the Assignment;
subject to this agreement, the deduction and/or remittance of all appropriate taxes, including but not limited to income tax, fringe benefits tax and payroll tax, as may be required by law;
workers’ compensation under the applicable legislation in the relevant jurisdiction;
ensuring that Workers will be covered by a public liability insurance policy (of not less than $20 million) and a professional indemnity insurance policy (if performing services of a professional nature) whilst working on Assignment with you;
the payment of an amount as superannuation into a superannuation fund to avoid the imposition of any charge as may be required by law; and
ensuring that all Workers have submitted relevant documentation required for the Assignment,
If at any point during an Assignment you are dissatisfied with a Worker, or if the Worker’s ability to function effectively and safely is limited, a Worker will be arranged to replace the initial Worker as soon as practicable after you have notified us.
2.2 Your responsibilities
You must:
supervise, instruct and direct the Worker whilst they are on Assignment to you;
comply with your obligations to the Worker pursuant to all relevant laws, including laws relating to workplace or occupational health and safety, discrimination and harassment;
immediately advise us if you fail to comply with paragraph (b);
report to us any performance issues in relation to a Worker in a timely manner and in a format as may be reasonably requested by us;
maintain the confidentiality and privacy of information we provide to the you about the Worker; and
compensate us for any statutory charges, levies and taxes for which we may become liable in respect of performing our obligations under the Assignment where such statutory charges, levies or taxes being introduced after the Assignment.
2.3 Your rights in relation to Workers
If you notify us that you are dissatisfied with a Worker, or that the Worker’s ability to function effectively and safely is limited, we will arrange a replacement Worker as soon as practicable. Alternatively, you may discontinue the relevant Assignment.
3. Fees
3.1 Invoicing
For each confirmed Assignment, we will issue you a tax invoice which specifies the days and times worked by each Worker in the current week and the total Fees incurred by you.
You must pay each invoice in Australian dollars within 14 days after the invoice issue date..
If you do not pay the invoice in 14 days, we may withhold the provision of further services under an Assignment until all outstanding invoices have been paid by you.
3.2 Changes to Fees
The parties agree to review and adjust the Fees subject to changes in:
minimum wages under any applicable industrial instrument or site agreement;
the minimum superannuation contribution required to be made under relevant superannuation legislation to avoid the imposition of a charge us; and/or
government or other charges relating to payroll tax and/or workers’ compensation insurance premiums under relevant legislation.
3.3 Shortlisted Workers
In the event that we provide you a shortlist of potential Workers (Shortlisted Workers), and at any time prior to or within 6 months of commencement of the Assignment, you offer a Shortlisted Worker direct employment, you will be liable to provide a payment to us equivalent to any unearned margins we would have been entitled to at the end of the Assignment (calculated on a pro-rata basis).
4. Intellectual Property Rights
You will retain the Intellectual Property Rights in any Materials developed by the Worker while on Assignment.
We will, and will direct the Worker to, do all things necessary to give effect to this clause (including but not limited to agreeing to waive all Moral Rights in respect of such Intellectual Property Rights) and will comply, at your cost, with any reasonable requirements of you in relation to the registration or other dealings with the relevant Intellectual Property Rights.
5. Liability
5.1 Limitation of liability
Subject to clause 8.1 of the General Terms, our liability for any breach of a term implied in this Service by any law will be limited, at our option, to providing, or paying the costs of providing, the Worker’s services again.
5.2 Exclusion of liability
Subject to clause 8.1 of the General Terms, we will not be liable for:
any claims arising from any act or omission of a Worker while working under your control, supervision or direction, including (but not limited to) claims arising out of a result of a Worker’s negligence;
any claims arising directly or indirectly from the misconduct or dishonesty of a Worker; and
a failure by the Worker to perform work for you with due care and skill.
6. Disclaimers
As our Workers work under your control, supervision and direction, we make no representation or guarantee that they will achieve a certain level of performance, achieve a certain outcome, solve a particular problem, or attain a specific goal; and
7. Labour Hire Agreement
If you place an Order for Labour Hire Services with us, it will be deemed to create an agreement with Hatch Labour Hire (Labour Hire Agreement).
Following the formation of a Labour Hire Agreement, any subsequent Order for Labour Hire Services will be treated as an Order placed under that Labour Hire Agreement.
A Labour Hire Agreement will be comprised of: the General Terms, these Service Terms, and the relevant Order.
In a Labour Hire Agreement, each reference to “us” or to “this agreement” is deemed to be a reference to Hatch Labour Hire or to the Labour Hire Agreement, as applicable.
8. Definitions
The following words and expressions have the meanings given to them below:
Hatch Labour Hire means Hatch People Pty Ltd (ABN 62 618 211 484).
Assignment Description means a description of the work to be performed as set out in an Order, or failing that any document provided by the Client that includes: (a) a job description of each of the Workers; (b) any inherent requirements of the job; (c) any background, security, suitability, medical and fitness check or other pre-placement investigation required by law in relation to the job; (d) the time and date upon which an Assignment is to commence (which will be confirmed by us sending a timesheet to you prior to the commencement of the Assignment); (e) the time and date upon which an Assignment is to terminate (if applicable, and which will be confirmed by us sending a timesheet to you prior to the commencement of the Assignment); (f) the location(s) where the work is to be performed; and (g) any other material or relevant description of the work to be performed or the arrangements relating to it.
Assignment means the on-hire placement of one or more of our Workers in accordance with an Order or an Assignment Description to perform work at your premises or anywhere else agreed between the parties.
Labour Hire Agreement has the meaning given in section 7(a) of these Service Terms.
Labour Hire Services means the services to be performed by us in relation to the provision of a Worker to perform an Assignment, as set out in an Order.
Materials means works, ideas, concepts, designs, inventions, developments, improvements, systems or other material or information, created, made or discovered by the Worker (either alone or with others and whether before or after the date of this agreement) in the course of the Assignment or as a result of using your resources.
Moral Rights means rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed and rights of a similar nature, that exist, or may come to exist, anywhere in the world in all Materials made or to be made by the Worker in the course of the Assignment.
Shortlisted Worker has the meaning given in section 3.3 of these Service Terms.
Worker means the individuals employed by us to undertake work at any Assignment.