This document sets out the terms and conditions (“Terms ofBusiness”) upon which Child Care Staff ABN 900 039 744 45 with its registered office at 32 Chamberlain St Narwee Sydney, NSW 2209 will introduce and supply Candidates as applicable to the Client. Notwithstanding the absence of a signature from the Client, these Terms of Business are deemed to be accepted by the Client by virtue of its request for, interview with or Introduction of a Candidate, or the passing of any information by the Client about such workers to any third party following an Introduction and shall prevail over any conflicting terms and conditions put forward by the Client.

Permanent/Part-time staff

These Terms of Business apply to Child Care Staff ABN 900 039 744 45 and each prospective employer of a Candidate who employs or otherwise engages a Candidate Introduced to it by Child Care Staff.

  • Definitions 

    For the purpose of these Terms of Business the following definitions will apply:

    • “Fee Schedule” means the schedule of fees attached to these Terms of Business, or the fees as notified by Child Care Staff.
    • “GST” has the same meaning given to it in the A New Tax System (Goods and ServicesTax) Act 1999 (Cth).
    • “Introduction”, in relation to a Candidate,means whereChild Care Staffsupplies, orally or in writing, any information about a Candidate to the Client (such as the Candidate’s name, academic record, employmenthistory or other relevant information); and “Introduced” has a corresponding meaning.
    • “Placement Fee” means the fee that is payable by the Client to Child Care Staff if the Client employs a Candidate or otherwise in the circumstances described in clause 3.2, charged in accordance with the FeeSchedule.
    • “Part-Time Placement” means a Candidate placed with a Client where they will work less than 5 working days each week or less than the applicable standard/award full-time hours perweek.
    • “Parties” means Child Care Staffand the Client and their respective successors and permitted assignees. “Party” shall be construedaccordingly.
    • “Privacy Laws” means the Privacy Act 1988 (Cth), and any amendments and regulations made pursuant to the Privacy Act 1988(Cth).
    • “Salary Package” means the anticipated gross remuneration package payable to the Candidate in the first year of their employment which includes gross annual salary, applicable benefits (including superannuation), commission, bonuses,allowances, joining inducements and the costs of the provision and maintenance of a motor vehicle to or for the benefit of the Candidate.
  • Acceptance of Terms ofBusiness 

    The Introduction of a Candidate will constitute acceptance by the Client of these Terms of Business (if not previously accepted).

  • PlacementFee
    • The Client must notify Child Care Staff in writing if it has employed a Candidate, as soon as practicable after the occurrence of theevent.
    • The Client will be liable to pay Child Care Staff a Placement Fee for a Candidate, in accordance with these Termsof Business, in any of the followingcircumstances:
      • if in any way the employment of the Candidate is as a consequence of or is otherwise attributableto the Introduction of the Candidate byChild Care Staff;
      • if Child Care Staff Introduced the Candidate to the Client and (in breach of confidence or otherwise) the Client passes the details of the Candidate to a third party (including its subsidiaries, affiliated or related companies) that subsequently employs the Candidate within 12 calendar months of the date ofIntroduction;
      • The Candidate is employed by the Client (irrespective of the position in which they are he/she was last Introduced to the Client by Child Care Staff; or
      • If the Client employs a Child Care Staff employee, Contractor or Temporary Employee who is performing an assignment for the Client or who has performed an assignment for the Client within the past 12 months.
    • The Placement Fee is calculated as a percentage of the Salary Package as per the Fee Schedule. The Placement Fee must be paid to Child Care Staff before the commencement of the employee.
    • For a Part-Time Placement, Child Care Staff will charge the Placement Fee percentage applicable to the equivalent full time SalaryPackage.
  • Fixed Term Placements
    • A Placement Fee for fixed term placements will be charged on a pro rata basis (on the basis that the full Placement Fee is payable for a period of 12 months or more). If the Candidate is subsequently offered (and accepts) a permanent position, the Client will be charged the balance of the full Placement Fee amount in accordance with these Terms of Business. If the fixed term placement is extended, but not fully converted to a permanent position, the Client will be invoiced a further pro rata amount based on the additional period the Client intends the Candidate to continue. This arrangement will be repeated until the amount of the Placement Fee for a permanent placement has been invoiced and paid. For fixed term placements of less than 6 months there will be a minimum pro rata charge of 50%.
    • Child Care Staff will endeavor to provide the Candidate with accurate details of the fixed term assignment and to provide the Client with accurate information regarding the Candidate (in terms of qualifications and experience), but cannot accept responsibility for any loss, expense, damage or delay, in connection with the Introduction of the Candidate, the Candidate’s subsequent employment or otherwise.
    • The Client agrees that it will investigate references, and satisfy itself regarding any medical requirements, qualifications, and working rights as it may see fit including where such investigations are undertaken by Child Care Staff on the Client’s behalf.
  • Limitation of Liability
    • Once a Candidate commences employment with the Client, the Candidate is subject to the Client’s control and direction.
    • The Client agrees that Child Care Staff shall not be liable for any acts, omissions or errors of any Candidate whatsoever, and the Client agrees to indemnify Child Care Staff from any liabilities, losses or claims incurred or suffered as a result of the engagement of, or acts or omissions by the Candidate whatsoever.
    • Child Care Staff’s  liability under these Terms of Business whether in contract, tort (including negligence) or otherwise shall be limited to 100% of the fees which are paid at the time that the liability arises. This clause survives termination of any agreement between the Parties.
    • Neither Party will be liable to the other for any indirect or consequential losses including loss of profit, revenue, production, reputation or any special, punitive or exemplary damages.
  • GST

    All fees (including Placement Fees) referred to in these Terms of Business are subject to GST.

  • Confidentiality and Privacy
    • Each Party agree to hold information of the other thatis notified as being confidential or can be reasonably regarded as being confidential, in confidence, and will not disclose such information without the consent of the other Party unless required by law or it has already been made available to the public other than through a breach of this clause.
    • The Client is required to respect and protect the privacyof Candidates at all times. If the Client becomes aware of any breach of the Privacy Laws concerning information disclosed by Child Care Staff to the Client, then the Client must notify Child Care Staff immediately and comply with any reasonable directions of Child Care Staff with respect to the breach.
  • Variations

    Any variation to these Terms of Business must be mutually agreed by both Parties in writing.

  • Governing Law

    These Terms of Business shall be governed by the laws of the state or territory where the recruitment services are provided (otherwise New South Wales). The Parties submit to the jurisdiction of the courts of such state or territory.

Permanent/Part-time staff

These Terms of Business apply to Child Care Staff ABN 900 039 744 45 and each prospective employer of a Candidate who employs or otherwise engages a Candidate Introduced to it by Child Care Staff.

  • Definitions

    For the purpose of these Terms of Business the following definitions will apply:

    • “Contractor or Temporary Employee” means anyperson supplied by Child Care Staff to the Client to provide contracting or labour hire services to the Client.
    • “Introduction”, in relation to a Contractor orTemporary Employee, means where Child Care Staff supplies, orally or in writing, any information about a Contractor or Temporary Employee to the Client (such as their name, academic record, employment history or other relevant information); and “Introduced” has a corresponding meaning.
    • “Parties” means Child Care Staff and the Client and theirrespective successors and permitted assignees. “Party” shall be construed accordingly.
    • “Placement Fee” means the fee that is payable by theClient to Child Care Staff if the Client employs a Contractor or Temporary Employee or an employee or consultant of Child Care Staff, as notified by Child Care Staff.
    • “Privacy Laws” means the Privacy Act 1988 (Cth), andany amendments and regulations made pursuant to the Privacy Act 1988 (Cth). “Parties” means Child Care Staff and the Client and their respective successors and permitted assignees. “Party” shall be construed accordingly.
  • Acceptance of Terms of Business

    The Introduction of a Contractor or Temporary Employee will constitute acceptance by the Client of these Terms of Business (if not previously accepted).

  • Fees
    • The Client agrees to pay Child Care Staff hourly, daily or weekly fees (as applicable) for the services of the Contractor or Temporary Employee, as advised to the Client at the time the Client books the services of the Contractor or Temporary Employee, for all hours, days or weeks, actually engaged, from the time the Contractor or Temporary Employee commences duties.
    • Out of pocket expenses (such as accommodation, meals and travel) are to be agreed in advance between Child Care Staff and the Client and will be itemized on the invoice in addition to the fees, and are payable by the Client with the balance of the invoice.
    • There will be a minimum daily booking fee of 4 hours for Contractors or Temporary Employees.
    • The Client must pay the fee to Child Care Staff according to the number of hours worked by a Contractor or Temporary Employee before the client commences.
    • If circumstances create a situation whereby an invoice is supplied (e.g. additional work periods) Fees will be invoiced weekly and are payable to Child Care Staff within 7 days from the date of invoice, and interest accrued at $10/day late charge.
    • Child Care Staff may vary the fee at any time (including retrospectively) without notice to reflect the following:
      • Changes to CPI or market rates;
      • Shift penalties, overtime rates, allowances or other rates payable pursuant to any award, agreement or rate of pay applicable to Contractor or Temporary Employee; and
      • Statutory charges, levies, taxes, insurances or other payments Child Care Staff is lawfully required to make or for which Child Care Staff may become liable in respect of providing a Contractor or Temporary Employee under these Terms of Business.
  • Further Contracting or Employment of Contractor or Temporary Employee, Worker or Child Care Staff  Employee
    • If the Client engages a Contractor or Temporary Employee in any capacity, whether directly or indirectly (including where the Contractor or Temporary Employee is transferred to another supplier of recruitment services), in any instance while they are performing the relevant assignment or within 12 months after they have last performed a similar assignment for the Client, the Client must pay to Child Care Staff the usual permanent Placement Fee in respect of the Contractor or Temporary Employee. In the event that the Placement Fee cannot be accurately established, the fee will be 160 times the hourly rate at which the Contractor or Temporary Employee was last supplied to the Client by Child Care Staff.
    • The Client agrees to notify Child Care Staff immediately if it engages a Contractor or Temporary Employee in the circumstances outlined in clause 4.1, and to pay the relevant Placement Fee to Child Care Staff within 7 days of receipt of the relevant tax invoice.
  • Client Obligations
    • The Client undertakes to supervise the Contractor or Temporary Employee to ensure reasonable standards of workmanship. If the standards of the Contractor or Temporary Employee prove to be unsatisfactory, Child Care Staff may reduce or cancel the charge for the time worked by the Contractor or Temporary Employee, provided that the Contractor or Temporary Employee leaves their assignment immediately and that notification is received from the Client within 4 hours of the Contractor or Temporary Employee commencing duties, and such notification is promptly confirmed in writing.
    • From the time the Contractor or Temporary Employee reports to take up duties, they are deemed to be under the direction and control of the Client for the duration of the assignment. The Client agrees to be responsible for all their acts, errors or omissions (willful, negligent or otherwise) as though the Contractor or Temporary Employee was employed by the Client, and the Client will, respect, comply with all statutes, by-laws and legal requirements to which the Client is ordinarily subject to in respect to the Client’s employed staff including ensuring the health and safety of the Contractor or Temporary Employee. However, nothing contained or implied in these Terms of Business will be deemed to define the Contractor or Temporary Employee as an employee of the Client for any other purpose or purposes.
    • Child Care Staff is to be provided with not less than eight hours notice of cancellation or postponement of any individual Contractor or Temporary Employee assignment.
    • Following Points
      • (a) Under the relevant Work Health and Safety (“WHS”) laws, Child Care Staff and the Client have mutual obligations in ensuring the health and safety of Child Care Staff Contractors and Temporary Employees. The Client acknowledges and agrees it has a duty of care to the Contractor or Temporary Employee and must ensure the provision of:
        • a safe workplace
        • a safe work system
        • adequate supervision and training
        • an induction to site and equipment, including
        • amenities and evacuation procedures; and
        • elimination of hazards and controlling risks to
        • health and safety
      • The Client agrees to notify Child Care Staff of any changes to the workplace, place of work or tasks to be performed by the Contractor or Temporary Employee.
      • The Client shall not allow the Contractor or Temporary Employee to carry out work on a site or on equipment considered unsafe by any Party, or where the Contractor or Temporary Employee does not have the appropriate qualifications or previous experience and has not received adequate training.
      • The Client shall notify Child Care Staff of any injuries to the Contractor or Temporary Employee and notify the relevant authority of any serious injuries.
      • The Client agrees to hold Child Care Staff harmless    from any penalty or cost issued or incurred by Child Care Staff due to the negligence or breach of any statutory obligation by the Client.
      • Child Care Staff will take every opportunity to ensure that the Contractor or Temporary Employee adhere to dress standards and present for work wearing the appropriate clothing and footwear (where required). It is the Client’s responsibility to ensure that the Contractor or Temporary Employee does not commence work unless wearing the correct personal protective equipment for the intended task.
      • The Client must so far as is reasonably practicable consult, cooperate and coordinate with Child Care Staff, its Contractors and Temporary Employees so as to achieve effective coordination of activities to ensure optimal work health and safety risk management and enable Child Care Staff and its Contractors and Temporary Employees to comply with respective obligations under all relevant WHS laws.
  • Child Care Staff Obligations
    • Child Care Staff makes every effort to provide Contractors or Temporary Employees in accordance with Client’s booking details and to ensure each Contractor or Temporary Employee provided to the Client performs their duties with reasonable standards of skill, integrity and reliability.
    • The Client will maintain adequate insurance as required under any applicable law, at such coverage limits in accordance with good professional practice and against insurable risks which may be incurred from the recruitment services provided.
  • Limitation of Liability
    • Child Care Staff liability under these Terms of Business  whether in contract, tort (including negligence) or otherwise shall be limited to 100% of the fees which are paid or payable by the Client to Child Care Staff in the 12 calendar months preceding the event which gave rise to Child Care Staff liability and in no event shall exceed an aggregate total sum of $100,000 per year. This clause survives termination of any agreement between the Parties.
    • Neither Party will be liable to the other for any indirect or consequential losses, loss of profit, revenue, production, reputation or any special, punitive or exemplary damages.
    • Child Care Staff will not be liable for any loss, expense, damage or delay arising from any failure to provide any particular Contractor or Temporary Employee for all or part of the period of the assignment or for any negligence, dishonesty, misconduct, fraudulent behaviour or lack of skills of the Contractor or Temporary Employee provided.
  • GST

    All fees referred to in these Terms of Business are subject to GST.

  • Confidentiality and Privacy
    • Each Party agree to hold information of the other that is notified as being confidential or can be reasonably regarded as being confidential, in confidence, and will not disclose such information without the consent of the other Party unless required by law or it has already been made available to the public other than through a breach of this clause.
    • The Client is required to respect and protect the privacy of Contractors and Temporary Employees at all times. If the Client becomes aware of any breach of the Privacy Laws concerning information disclosed by Child Care Staff to the Client, then the Client must notify Child Care Staff immediately and comply with any reasonable directions of Child Care Staff with respect to the breach.
  • Variations

    Any variation to these Terms of Business must be mutually agreed by both Parties in writing.

  • Governing Law

    These Terms of Business shall be governed by the laws of the state or territory where the recruitment services are provided (otherwise New South Wales). The Parties submit to the jurisdiction of the courts of such state or territory.