Your Resourcing Group & Your Trades

TERMS AND CONDITIONS OF BUSINESS FOR Your Trades Pty Ltd (ABN 96 625 881 165)

Terms and Conditions

    1. These Terms & Conditions apply
      • 1.1. If you interview for employment, or employ or engage a person we introduce to you, by any means, or if you on-refer that person to a third party who then employs or engages that person. You will then be regarded as having agreed to all these terms and conditions.

    2. Temporary Recruitment
    3. Supplying temporary staff
      • 2.1. By using Your Trades, you share some of our responsibilities as an employer. The details are set out in this agreement.

      • 2.2. Timesheets: When approving Timesheets, you are stating that the work has been done to your satisfaction and that the hours are correct.

    4. Hiring a Your Trades temporary employee permanently
      • 3.1. Your Trades invests heavily in the selection and training of our temporary employees, and we value them highly. Should you wish to hire one of our temporary employees on a permanent or temporary basis, a placement fee must be determined with Your Trades prior to an offer of employment being made to our employee. The placement fee will be based on our permanent fee structure, but may attract a discount based on the length of time our employee has been working for you.

      • 3.2 Our Performance Guarantee stated in Clause 5.1 does not apply to these instances. Please contact your Consultant for further details.

      • 3.3. If you make an offer of permanent employment to an on-hire employee or nominated representative of an Independent Contractor who is performing an assignment for you (or who has performed an assignment for you during the previous twelve (12) months) which the on-hire employee or nominated representative accepts, you must pay to Your Trades the permanent placement fee in respect of the on-hire employee/nominated representative in accordance with Your Trades’s recruitment fees.

    5. General conditions for supplying temporary staff
      • 4.1. Ordering Staff: If you order temporary staff for a particular task (‘Service’) from Your Trades, we will take your order to mean that you will accept the workers (‘Your Trades Temporary Employees’) that we supply.

      • 4.2. We will supply staff as soon as is reasonably practical after receiving an order. Your Trades Temporary Employees will be employed by Your Trades and will perform services under your direction, control, and supervision.

      • 4.3. Your Trades may replace Your Trades Temporary Employees on twenty four (24) hours’ notice to you.

      • 4.4. Orders placed for temporary services may incur a minimum fee of four (4) hours once filled.

      • 4.5. You will give us notice, whenever possible, of an assignment being completed ahead of time. If adequate cancellation notice is not provided to advise a Your Trades Temporary Employee before their arrival at the workplace, you are liable for a two (2) hour charge.

      • 4.6. When you place an order for Services you accept our current rates for the relevant services.

      • 4.7. You may not change the duties or tasks carried out by Your Trades Temporary Employees, unless you first advise us. We reserve the right to change the hourly rate where duties have been changed.

      • 4.8. Your Trades will invoice you weekly, unless agreed otherwise in advance. Trading terms are immediate payment on receipt of invoice. All Your Trades invoices shall carry a Goods and Services Tax (‘GST’).

      • 4.9. Timesheets are legally binding when signed by you for hours worked by a Your Trades Temporary Employee.

    6. Performance Guarantee
      • 5.1. We guarantee that Your Trades Temporary Employees will perform services to a satisfactory standard. Provided our employee has received appropriate instruction and supervision and we are advised within two (2) days from the commencement of the assignment, you will not have to pay for unproductive time.

    7. Performance Concerns
      • 6.1. You should inform Your Trades as soon as practical, if you are not satisfied with the performance of service by Your Trades Temporary Employees or their behavior.

      • 6.2. Management of performance issues is the responsibility of Your Trades. You should only communicate directly with Your Trades Temporary Employees in relation to performance or behavioral issues if:

      • (a) It is life threatening or of another serious nature; and

        (b) you immediately notify Your Trades with full details.

      • 6.2. Pay rates and associated information should not be discussed directly with Your Trades Temporary Employees.

      • 6.2. By agreeing to our terms of business you agree that only Your Trades may direct Your Trades Temporary Employees to:

      • (a) Discontinue work;

        (b) Be removed from the workplace; and

        (c) Have their assignment terminated.

    8. Insurance
      • 7.1. We will maintain the following insurance policies in relation to Your Trades and Your Trades Temporary Employees:

      • (a) Workers’ Compensation as required by law; and

        (b) Public Liability for at least $1 million.

      • 7.2. Your Trades shall provide you with evidence of the insurance upon request.

      • 7.3. The policies are subject to exclusions and deductibles and may not cover or be available to you in part or at all.

      • 7.4. We will not be in breach of the conditions of any insurance policy through any act or omission on your part.

    9. Occupational health and safety
      • 8.1. Under the relevant Occupational Health & Safety (“OHS”) laws, Your Trades and you have mutual obligations in ensuring the health and safety of Your Trades Temporary Employees. You must provide a suitable and safe workplace.

      • 8.2. We will ensure that we have inducted our employees in general OHS matters, assessed the risks associated with the work to be performed, and supplied you with properly qualified staff.

      • 8.3. We will do everything we can to meet our obligations and may also ask you to make appropriate changes to help reduce the risk of accident/injury to Your Trades Temporary Employees in your workplace. We will jointly agree on the provision of any additional training, equipment or workplace changes necessary for safe performance of tasks. We may ask to visit your work place(s) on a regular basis to review safety arrangements for our staff.

      • 8.4. Your responsibilities to our staff include

      • 8.4.1. Ensuring that the work to be done is safe and any risks have been assessed and controlled;

      • 8.4.2. Working with Your Trades in identifying hazards that might affect our employees and taking steps to control the risk of illness or injury to them – including providing information on hazardous substances and standard operating procedures, and supply of protective equipment;

      • 8.4.3. Providing the necessary training, instruction, supervision and information for Your Trades Temporary Employees to work safely;

      • 8.4.4. Ensuring that Your Trades is notified if an employee changes duties; and

      • 8.4.5. Notifying Your Trades and any relevant authorities immediately of any work-related incidents or injuries to Your Trades Temporary Employees.

      • 8.5. We encourage Your Trades Temporary Employees to report any unsafe work conditions to their immediate supervisor as well as Your Trades. We will discuss with you any safety concerns our staff bring to our attention. We ask for your assistance by notifying us of safety incidents affecting our staff, implementing safe work practices and participating in the rehabilitation of injured workers.

    10. Industrial relations and employment conditions
      • 9.1. Your Trades must comply with any health and safety requirements, and the conditions of employment that have been agreed to with Your Trades Temporary Employees, including enterprise agreements and awards. This includes our obligation to ensure the health and safety of our employees while in your workplace, but does not exclude your obligations.

      • 9.2. You must not do anything that may cause us to be in breach of employment conditions. Your Trades will supply evidence of our compliance (where it is available) within seven (7) days after receipt of a written request from you.

      • 9.3. You must inform Your Trades of any awards or agreements applicable to the site where Your Trades Temporary Employees perform the services.

      • 9.4. We reserve the right to increase rates where changes to statutory on-costs or award provisions apply, and by agreement with you, to review the salaries of Your Trades Temporary Employees who have provided continuous services to you for more than one (1) year.

      • 9.5. In the event of industrial action or a dispute that involves or affects Your Trades Temporary Employees, you agree to assist us and do all things reasonably required by Your Trades to resolve the industrial action or dispute. This includes giving Your Trades or its representatives, access to our employees at your site and to your staff where they may be relevant to resolution of a dispute or complaint.

    11. Privacy
      • 10.1. Your Trades supports and complies with the National Privacy Principles, and has procedures in place to meet the requirements of the law. We will treat all personal information provided to us with respect and will take all reasonable steps to ensure that it is correct, secure, and protected from unauthorised use.

      • 10.2. Your Trades also has several measures that will ensure our temporary staff adhere to the National Privacy Principles and maintain confidentiality and non-disclosure of information for all our clients and their customers.

    12. Liability and indemnities
      • 2.1. Your Trades is not liable on any legal or equitable basis, including in negligence, for any acts or omissions of Your Trades Temporary Employees:

      • (a) Performing professional, scientific, engineering, technical or similar services;

        (b) In workplaces which are unattended or have inadequate or inappropriate internal controls or safeguards;

        (c) Handling cash, negotiable instruments, valuables, merchandise or any other property of value;

        (d) Operating a motor vehicle;

        (e) Operating, and referred by us, as independent contractors; and

        (f) Assigned to payroll activities.

      • 11.2. Subject to Your Trades performing its obligations under this agreement, you release Your Trades and Your Trades Temporary Employees from, and indemnify them against, any claim and liability for the loss of or damage to property owned, operated or leased by you and property which is in your custody, care or control, including motor vehicles, trucks and their contents.

      • 11.3. Subject to you performing your obligations under this agreement, Your Trades indemnifies you against any liability, cost, loss,or damage suffered or incurred as a result of any:

      • (a) Breach of this agreement by Your Trades;

        (b) Negligence of Your Trades;

        (c) Injury to Your Trades Temporary Employees (but not injury caused by your negligence or the negligence of your employees);

        (d) Personal injury caused by the negligence of Your Trades or Your Trades Temporary Employees within the scope of their assignment; and

        (e) Property damage caused by the negligence of Your Trades or Your Trades Temporary Employees within the scope of their assignment.

      • 11.4. By accepting this agreement, you indemnify Your Trades against any claim, liability, cost, loss or damage suffered or incurred as a result of:

      • (a) A breach of this agreement by you, including without limitation, any termination of employment of Your Trades Temporary Employees while on assignment;

        (b) Any act or omission on your part, your employees or agents, including without limitation, any payment of money or conferral of benefit by you to Your Trades Temporary Employees without Your Trades’s written authority;

        (c) Your Trades having taken (or being deemed to have taken) a transmission of your business; and

        (d) Contaminants, pollutants and hazardous substances.

    13. Disputes – an agreed plan
      • 12.1. Pre-condition to Court Proceedings: If a dispute arises out of, or relates to, this agreement including any dispute with respect to breach of termination or claim in tort, in equity or under statute (‘Dispute’) a party may not commence any Court proceedings relating to the Dispute unless it has complied with the paragraphs below (except where the party seeks urgent interlocutory relief).

      • 12.2. Notice of Dispute: A party to this Agreement claiming that a Dispute has arisen must give written notice to the other party specifying the nature of the Dispute.

      • 12.3. Informal Dispute Resolution: On receipt of that notice by the other party, the parties must endeavour to resolve the Dispute as speedily as possible using informal dispute resolution techniques such as mediation, expert evaluation of determination, or similar techniques mutually agreed upon.

      • 12.4. Mediation Rules – A Fallback: If the parties do not agree within fourteen (14) days of receipt of notice (or such further periods as agreed in writing by both parties) about:

      • (a) The dispute resolution technique and procedures to be adopted;

        (b) The timetable for all steps in those procedures; and

        (c) The selection and compensation of the independent person required for such technique, then the parties agree to mediate the Dispute in accordance with the Mediation Rules for the applicable State.

    14. Permanent Recruitment
    15. The Your Trades guarantee
      • 13.1. Your Trades provides a recruiting service which guarantees that both customers and candidates receive the highest standards of service. We also recognise the need to:

      • 13.1.1. Treat all information received from customers as strictly confidential.

      • 13.1.2. Refer only those candidates who have been interviewed by an experienced Consultant.

      • 13.1.3. Never forward a resume to a customer without first discussing the relevant position with the candidate.

      • 13.1.4. Thoroughly evaluate all candidates where applicable, and to provide a report on test results to each customer on request.

      • 13.1.5. Ensure that all candidates are fully reference checked or, where inappropriate, to so advise the customer.

      • 13.1.6. Under no circumstances charge a fee of any kind to any candidate.

      • 13.1.7. Offer comprehensive replacement guarantee against an unsuccessful hiring.

    16. Corporate Services/Modular Recruitment
      • 14.1. We can offer recruitment modules such as reference checking, evaluations, exit interviews, climate surveys, HR services, training and more, to assist your organisation should you prefer to conduct the full recruitment process in-house.

    17. Conditions
      • 15.1. Cancelled or Withdrawn Assignments: Your Trades reserves the right to charge for out-of-pocket expenses (advertising, couriers, profiling, etc.) and our Consultants’ time, should the position be cancelled or withdrawn.

      • 15.2. Deferral of Hiring Decision: Should your hiring decision be deferred, our full fee is due and payable if any candidate referred by Your Trades is employed by you, in any position, within twelve (12) months of the initial introduction.

      • 15.3. Liability: You should determine whether the candidate referred to you is suitable for employment, as we do not accept liability for any claim for loss, expense, damage or delay as a result of our referral or your employment of a candidate. By interviewing a candidate referred by us, you will be deemed to have accepted our fee and terms of business.

      • 15.4. Third Party Referrals: All information (written or verbal) regarding candidates must be treated as confidential and must not be disclosed to any third party. If a candidate introduced by Your Trades subsequently gains employment as a result of any such disclosure to a third party, a placement fee will be due and payable by the client who received the initial introduction.

      • 15.5. Job Offer: Our Consultants will advise successful and unsuccessful candidates. The formal job offer will be made by the future employer.

    18. Fees
      • 16.1. Your Trades recruitment fees are based on an ever-changing employment market. Just as your recruitment requires change from position to position, so does the availability of certain skills and experience in the market.

      • 16.2. Your Consultant will confirm with you, in writing, the fee for service and the period of guarantee prior to commencement of the recruitment process.

      • 16.3. This fee and the associated guarantee period will be based on, but not limited to, the suitability of the salary being offered, market conditions, the availability of the skills and/or type of person required and, if relevant, the reason the position has become available.

      • 16.4. The recruitment fees for the introduction of a Candidate for a permanent position are expressed as a percentage of the first year’s commencing salary package (see Clause 16.5), according to the following scale of activity with the Client: Fees do not include GST.

      • 16.5. Fee Schedule

      • Under $50,000 pa

        12.5%

        $51,000 – $89,000 pa

        15%

        $90,000 – $149,000 pa

        18%

        Over $150,000 pa

        25%

      • 16.6. Salary Package.

      • 16.7. For the purposes of this agreement the salary package is defined as annual base salary plus guaranteed commission (if any) plus superannuation plus company car valued at $15,000 if applicable plus GST.

      • 16.8. Your Trades Pty Limited operates under strict 14-day payment terms.

    19. Fee for Retained assignments
      • 17.1. The fee is as per the fee structure in Clause 16 and 16.5 and is payable in three (3) installments as follows:

      • 17.2. (a) Commencement fee equating to 33% of the appropriate fee scale applicable to the proposed total remuneration package, payable on commencement of the assignment. The commencement fee is non-refundable.

      • 17.3. (b) A fee equal to 33% is due following the short listed candidate interview regardless of whether an interviewee is offered the position.

      • 17.4. (c) A fee equating to the balance due by applying the appropriate fee scale to the actual total remuneration package less installments paid to date. The fee is due immediately on the candidate’s commencement of employment.

      • 17.5. In order to determine these and many other areas of relevance, your Consultant will need to meet with all parties involved in the hiring process prior to determining a fair and competitive fee for service for each assignment. Having a clear understanding, by all parties, of the essential and desired criteria for each position is vital to achieving a successful outcome for you, the new employee and Your Trades.

    20. Replacement guarantee
      • 18.1. No rebate of fees shall be made. However, should the engagement of any Candidate terminate within a period of thirteen (13) weeks (including period of notice) from the date of engagement, Your Trades Services shall endeavour to seek one replacement Candidate at no extra cost to you provided that:

      • (a) the first Candidate leaves of his/her own volition and not due to any redundancy measures; and

        (b) our invoice has been settled within fourteen (14) days of the invoice date

      • 2.2. Your Trades reserves the right not to replace the original candidate in the event of employer misconduct. The replacement guarantee will be voided by sustainable allegations of sexual harassment, discrimination, misrepresentation of the position, failure to provide safe working conditions, unfair dismissal or the refusal of post-placement servicing by a Your Trades Consultant.

    21. Additional Services
      • 19.1. Any additional services, other than Temporary Recruitment or Permanent Recruitment will be acknowledged in a separate statement of work between you and Your Trades.

    22. Illegality and Force Majeure:
      • 20.1. If any provision or term of these Terms and Conditions or any part thereof becomes or is declared illegal. invalid or unenforceable for any reason whatsoever such provisions, terms and parts will be deemed to be deleted from these Terms and Conditions provided always that if any such deletion substantially affects or alters the commercial basis of these Terms and Conditions the parties hereto will negotiate in good faith to amend and modify the relevant provisions, terms and parts of these Terms and Conditions as may be necessary or desirable in the circumstances.

      • 20.2. If we are prevented from or delayed in the performance of these Terms and Conditions by an act of God or by or in consequence of war, riot, civil commotion or military or usurped power by any strike, lock-out, stoppage, accident, fog or storm, we shall not thereby be liable to you for any breach of obligation under these Terms and Conditions and time for performance of our obligations, shall be extended accordingly.

    23. Privacy
      • 21.1. The Your Trades Privacy Policy forms part of these Terms and Conditions. You agree to handle all Candidates personal information in accordance with our privacy policy.

    24. Amendment
      • 2.1. These Terms and Conditions may not be amended or supplemented except in writing by a Director of Your Trades Pty Ltd.

    25. Governing Law
      • 2.1. These Terms and Conditions shall be governed by and construed in accordance with the Laws of the state or territory where the Candidate is to be employed.