Terms of Use

1.0 GENERAL TERMS OF BUSINESS

1.1 Confidentiality

All information concerning candidates referred to your organisation is strictly confidential and must not be conveyed to any third party without the candidate’s permission.

1.2 Federal Privacy Act 1988

You must ensure that any personal information we provide to you will not be used, disclosed, handled, transferred or stored except in accordance with the Privacy Act 1988. You must also ensure that you are authorised to disclose to us any personal information you provide to us, that any such information has been collected in accordance with the Privacy Act, and that the individual to whom the information relates has been made aware of the disclosure to us and of the other matters of which an individual about whom personal information is collected must be informed under that Act.

1.3 Acceptance

Your acceptance of these terms and conditions occurs upon the signing of this document. Any variation of these terms and conditions must be in writing and signed by both parties.

2.0 TEMPORARY LABOUR HIRE SERVICES

2.1 Scale of Fees

Confirmation of Rates of Pay and Conditions to confirm your acceptance of the applicable terms and conditions. If the terms require revision at any time during the contract, a new Confirmation of Rates and Pay Conditions will be agreed and signed by you and APS.

All Contract labour on hire will be charged to you at a rate which includes all eligible leave entitlements, superannuation costs, WorkCover levies, State, Federal and PAYG taxes.

2.2 Payment

Payment of your account is due within seven (7) days of receipt of invoice.

2.3 Acceptance

Your acceptance of these terms and conditions also occurs when you brief us on a placement and/or you engage contract labour on hire.

2.4 Bookings

Our minimum booking period for Contract labour on hire is normally (4) hours or in accordance with the relevant industrial instrument specified in the Confirmation of Rates and Pay Conditions.

2.5 Cancellation

Cancellation of any booking must be provided with a minimum of one hours notice prior to the scheduled commencement time of the contract labour on hire. Cancellations which do not provide this minimum notification will attract a fee for the minimum booking period.

2.6 Supervision

All contract labour on hire are to be adequately instructed, directed and supervised in the safe and proper performance of their duties.

2.7 Safety

All Contract labour on hire are to be provided a safe working environment in accordance with the relevant jurisdiction’s current Occupation Health & Safety legislation. You will be asked to participate in our Partnership in Safety program, which includes a workplace assessment of your site and the requirement that hazards are identified, risk assessed and appropriate risk controls are implemented to prevent incident or injury. You may also be asked to allow APS to undertake drug testing of our Contract labour at your premises, as prescribed in the APS Drug & Alcohol Policy.

2.8 Responsibility

You are to comply with all pertinent legislation and indemnify us regarding the use and operation of your machinery and motor vehicles, particularly relating to licensing, registration and insurance against third party personal injury and property damage.

You acknowledge that we are not performing the services required of our employees or independent contractors; but are instead the supplier of our employees and independent contractors, at your request, to perform the work you have requested. From the time that our employees or independent contractors report to you for their duties they are under the care, control and supervision of you for the duration of their assignment.

In these circumstances you agree we will not be liable to you or any third parties in respect of any damage, loss or injury of whatsoever nature or kind, however caused, whether by our negligence or the negligence of one of ourworkers, their servants or agents or otherwise, which may be suffered or incurred, whether directly or indirectly, in respect of the service provided under these conditions of assignment.

2.9 Guarantee

f you advise us that you are dissatisfied with any contract labour on hire within four (4) hours of commencement of any job then, we will provide you with a replacement as soon as practicably possible at no extra cost to you. This guarantee does not apply to placements made through our retail division.

2.10 Time Sheets

Time Sheets are issued to every contract labour on hire prior to each assignment and clients are requested to check all details are correct. Remuneration and invoices are calculated and processed directly from the authorised time sheets. The clients authorised signature on the time sheet is verification that the hours indicated are current and that work was completed satisfactorily.

2.11 Industrial Issue, Performance & Conduct

You agree that you will immediately inform APS should any industrial issue, performance or conduct problem come to your attention either directly or indirectly, prior to taking any action other than securing person or property from immediate harm. You further agree that it is APS’s responsibility to conduct any necessary negotiation, investigation and/or disciplinary action that may ensue and to determine all outcomes. APS will communicate with you regarding any action taken. You agree that your organisation and your employees will participate in and provide written statements to APS, where required, with regard to any employment matter involving APS, including where any such matter has been referred to a Tribunal, Commission or similar entity, or is in any way subject to litigation.