STANDARD TERMS AND CONDITIONS MADE BETWEEN STEEL CAP
RECRUITMENT PTY LTD AND THE CLIENT
1.
Interpretation
In this Agreement the terms below shall have the following meanings, unless their context otherwise
requires:2.
Steel Cap: means Steel Cap Recruitment Pty Ltd and its related bodies corporate (as applicable) and
includes its successors and assigns.
3.
Contract: means each and every contract from time to time made between Steel Cap and the client
in respect of which Steel Cap provides the services of a Team Member to the client.
4.
Client: means the party described as such in the schedule and includes its successors and permitted
assigns.
5.
TM (Team Member): means the candidate that Steel Cap supply to the client.
6.
Service Fee: mean the fee chargeable by Steel Cap to the client under a contract.
7.
Definitions: In these terms unless the context requires otherwise:
a)
Event of Default Means any of the following events:
i.
The client fails to pay for the service;
ii.
The client is in breach of these terms;
iii.
If the Client is a company, an order, or a resolution is passed for winding up of the client; the
client resolves to appoint receiver, professional liquidator or administrator, or a receiver,
professional or liquidator or administrator is appointed; the Client goes into Liquidation or
makes an assignment or arrangement with its creditors; the client stops payment or is
deemed unable to pay its debts within the meaning of the corporations Act 2001; If the client
is a natural person an order is made for the client bankruptcy, or the client dies or becomes
mentally or physically incapable of managing his or her affairs or an order is applied for or
made to place the assets and affairs of the client under administration; the client ceases or
threatens to cease carrying on business;
b)
Officer means each director, secretary, credit manager, and authorised representative of Steel Cap;
c)
Services means all goods and services supplied by Steel Cap to the client;
d)
Terms means these general credit terms.
2. Incorporation of these terms
2.1 Steel Cap and the Client agree that the terms and conditions contained in this agreement are and
shall be incorporated into each and every contract.
2.2 Without limiting the generality of the foregoing clause, the Client acknowledges and agrees that the
exclusions or limitations contained in clause 9 hereof apply to every such contract between the
parties and cannot be modified in any way without the express written agreement of the parties in
that regard, which agreement shall refer to these standard Terms and Conditions and the fact that
they have been modified.
3. Provision of a TM
3.1 In each case where the client requires the services of a TM, Steel Cap and the client may execute a job
order confirmation to record the services to be provided by the TM and the service fee.
3.2 Where the service fee charged by Steel Cap is dependent on an agreed pay rate for the TM, if changes
to the pay rate become necessary due to statutory regulations, union negotiations or award
increases, then notwithstanding the terms of the relevant contract, these changes (including back
pay) will be directly reflected in the service fee.
3.3 Where the TM’s original duties as specified in the contract have changed, the Client, before the work
is undertaken, will notify Steel Cap of such change. Such changed duties will be conditional upon Steel
Cap being able to verify with the TM and the TM is trained, competent and qualified to perform the
changed duties.
3.4 The minimal period of hire in any given day is four (4) hours.
1.
BDQD 2 Rev A
Client Terms and Conditions
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4.
3.5 Either party with one hour’s notice can terminate any casual assignment undertaken under any
contract. Steel Cap is responsible for giving one (1) hour’s notice to a TM upon the client no longer
requiring the services of that TM, and upon the client advising Steel Cap of such.
3.6 Where a TM is booked on a temporary assignment that requires travel expenses to be paid by the
client and either the TM does not complete the assignment or the client for non-performance
terminates the assignment within eight (8) hours of commencement, the cost of return travel for that
TM will be the responsibility of Steel Cap.
Terms of Trade
4.1. Steel Cap will issue invoices to the client on a weekly basis
4.2. The Client shall pay each invoice within fourteen (14) days from the date of invoice
4.3. Steel Cap may extend trade credit to the client pending approval of the client’s credit application
4.4. In the event that Steel Cap’s terms are breached, the client shall arrange immediate payment to
reduce the client’s account to a balance requested at Steel Cap’s discretion.
4.5. Where an offer of permanent employment is made to a TM either through Steel Cap or direct to the
TM by the client within three (3) months of introduction of the TM to the client by Steel Cap, the
client shall pay to Steel Cap the current permanent placement fee then charged by Steel Cap for such
placements.
4.6. Where an offer of temporary employment is made to a TM either through Steel Cap or direct to the
TM by the client within three (3) months of introduction of the TM’s latest date of assignment with
the client through Steel Cap the client agrees that the TM will be employed by Steel Cap and the
TM’s services will be provided to the client under a contract.
4.7. Interest: Steel Cap is entitled to charge the client interest on amounts not paid within the specified
credit period at a rate equivalent to the reference rate charged by Steel Cap’s principal bankers plus
2% from invoice date until payment of the debt.
4.8. Merchant Fee: If the client pays any part of its account by credit or debit card the client must pay an
additional amount to Steel Cap, equivalent to the service fee payable by Steel Cap to the respective
card issuer from time to time. Any financial duty, stamp duty and other government charges relating
to the establishment or operation of the client’s account will also be debited to that account.
4.9. Withdrawal or variation of credit: Steel Cap may at any time, without the need to provide a reason,
vary or withdraw any credit granted to the client.
4.10. Suspension or ceasing of supply: Steel Cap may in its complete discretion and without incurring a
liability to the client, cease or suspend supply of products and services to the client or amend these
terms;
4.11. Without limiting clause 4.9, if any event or default occurs, Steel Cap may, without prejudice to its
other rights, call up monies owed to it by the client, retain all moneys paid on account, or cease
further services and recover from the client all loss of profit arising therefrom, and/or take
immediate possession of an products not paid for.
4.12. Continuing guarantee: Any guarantee shall remain in force so long as the client shall maintain an
account with Steel Cap. All guarantees shall be continuing guarantees and will terminate only in
writing from Steel Cap.
4.13. Effect of other terms: These terms are in no way affected by any other express or implied terms
contained in any terms of sale issued in relation to the sale of products and services. No terms of the
client apply to any agreement between the client and Steel Cap.
4.14. Expenses: The Client must pay to Steel Cap any costs, charges and expenses (including all stamp Duty
and legal fees on an indemnity basis) incurred by Steel Cap in connection with the entry into these
terms, the exercise or attempted exercise of any power, right or remedy under these terms, and the
failure of the client to comply with these terms. In addition the client will be liable for all transactions
involving the client’s credit account including fraudulent use of that account by the client or its
employees
4.15. Trusts: These terms bind the client both personally and as trustee of any trusts of which the client is
trustee. In the case of the customer being a trustee or trustee company the trustee acknowledges
that the trustee shall be liable for the payment of the account and that in addition the assets of the
rust shall be available to meet payment of the account.
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Client Terms and Conditions
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4.16 Application of laws: The parties submit to the non exclusive jurisdiction of the Supreme Court of
Western Australia and the Law applying in Western Australia is the proper Law governing these
terms.
5.
Occupational Health and Safety Obligations:
5.1. The client agrees that it will provide a safe work environment to enable the TM to carry out the TM
duties in a safe and efficient manner including a site specific or, where applicable, a job specific
safety induction prior to commencement of work by the TM.
5.2. Steel Cap agrees to use its best endeavours to cause the TM to comply with the clients occupational
Health and Safety policies and procedures. The client agrees to assist Steel Cap in its endeavours to
do so including provision of full documentation of the clients policies if and when requested by Steel
Cap, as well as allowing Steel Cap employees or other persons nominated by Steel Cap to enter the
client site for the purposes of conducting inspections, incident investigations and audit.
5.3. The client agrees to notify Steel Cap as soon as practicable upon becoming aware of any incident
involving a Steel Cap employee.
5.4. In the event of a TM being injured while working on the client’s site, the client acknowledges that
they have a joint responsibility with Steel Cap for the rehabilitation of the injured TM. In such
circumstances, the client agrees to provide suitable duties in accordance with the treating medical
practitioner’s advice. This will be provided at no direct cost to the client if the injured employee is
unable to perform the duties as per the title “Temporary Placement job order confirmation”.
5.5. The client acknowledges that Steel Cap has a duty of care and obligations to its TM’s and as such has
its own occupational health and safety procedures. In the event of any difference between the
client’s occupational health and safety policies and Steel Caps own policies and procedures, both
Steel Cap and the client agree that they will consult with either party to resolve such differences.
5.6. If the client requests a TM to supply equipment (e.g laptops, power tools, mobile telephone charger,
plant, etc) for use in performing the TM’s duties, then the client is to inspect and ensure the
suitability and safety of such equipment.
5.7. The provision of personal protective equipment for TM’s other than cotton drill shirts, cotton drill
trousers, steel capped safety boots and prescription safety glasses, is the responsibility of the client,
unless otherwise stated in the job order confirmation.
5.8. Steel Cap must be given prior notice if the TM is to:
 Work in Excess of twelve (12) hours per shift; or
 Work more than thirteen (13) continuous shifts; or
 Have a rest period of less than ten (10) hours between shifts.
5.9. The client will provide Steel Cap with all the information necessary for a Job Safety Analysis to be
carried out to determine the level of risk to which the TM could be exposed as a result of the client
requirements set out above which will include:
 The level of supervision the TM will receive during the extended work hours;
 Special conditions that will be provided to eliminate fatigue and the possibility of an incident;
 Appropriate measures to be implemented to ensure the Health and safety of the TM
6. Steel Cap Obligation:
6.1. Steel Cap warrants that it has:
6.2. Sighted and holds on record, a copy of the relevant qualification required by a TM to undertake the
duties specified in the job order confirmation; and
6.3. Received one (1) independent references for the TM from previous employers in relation to work
similar to the clients requirements, as described in the job order confirmation; and
6.4. Conducted and submitted the results of all skill psychometric testing of the TM as requested by the
client; and
6.5. Interviewed the TM, assessed the TM’s medical and fitness capabilities and provided the TM with a
basic safety induction.
6.6. 6.2 Where, due to time constraints, the client instructs Steel Cap to forgo any part of its obligations
under section 6.1, Steel Cap will retain Acceptance, instructions from the client by recording a
detailed explanation in the job order confirmation, which shall (in the absence of fraud) be
conclusive evidence that Steel Cap was not required to fulfil the relevant obligation/s.
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Client Terms and Conditions
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6.7. 6.3 Steel Cap will be responsible for allocation and payment of wages, superannuation, workers’
compensation insurance and public liability insurance in relation to the assignment undertaken by
the TM.
7. Client Obligations
7.1. 7.1 The client agrees that if the client wishes to negotiate a variation to the employment status of
the TM currently working with the client then will not make direct contact with the TM for such
purpose but will contact Steel Cap in that regard.
7.2. 7.2 The client agrees that if it requires the services of a TM who has previously worked for the client
or has been introduced to the client through Steel Cap, the client will request such services through
Steel Cap and not contact the TM directly for such purposes.
7.3. 7.3 The client must provide and ensure that the TM attends the client’s induction/job familiarisation
prior to the TM starting work for the client. The client agrees to provide Steel Cap with documented
records verifying that a site specific and or job specific induction has been provided.
7.4. 7.4 If a TM is required to undertake duties other than that specified in the job order confirmation the
client agrees to contact Steel Cap to ascertain that the TM is trained and qualified to undertake the
work.
7.5. 7.5 The client warrants that the client has, and will maintain liability insurance which provides cover
for all works carried out by the client, including against liability for work carried out by the client’s
employees and any TM working under the clients supervision.
8. Timesheet Arrangements
8.1 The Signature of the Client or the client’s representative on a TM’s timesheet is confirmation by the
client that the hours shown in the “Total Hours To Be Paid” section of the timesheet are correct and
that the normal time and extraordinary time allocation are correct.
8.2 The Client warrants to Steel Cap that the timesheet signatory has authority to bind the client.
8.3 Steel Cap invoices will be based on timesheets.
8.4 The Client undertakes to ensure that the TM’s timesheet is processed and signed on the morning of
the first workday following the last day of the pay week.
9. Steel Cap’s Liability
9.1 The Client acknowledges that Steel Cap is not performing the services required of its TM; Steel Cap’s
contractual duty under any contract is to provide TM’s qualified to perform the service described in
the relevant Job Order Confirmation. From when a TM reports to the client they are under the care,
control and supervision of the client for the duration of the assignment.
9.2 The Client agrees that Steel Cap is not liable to the client in respect of any damage, loss or injury of
any nature or kind, caused or contributed by the acts or omissions of a TM to the extent that the TM
has acted or omitted in act in accordance with the directions or instructions (Direct or Implied) of the
client.
10. Variations
10.1 No variation of this document will be valid or binding upon the parties unless such variation is
recorded in writing, sets out that it is intended to be a variation of the terms and is executed by both
of the parties hereto.
Permanent Recruitment
11. Fees
11.1 Steel Cap’s fees are calculated at 8% of the total annual salary package, inclusive of Superannuation
and provision of a company car and other allowances. A company car will be charged as an additional
$12,000 of annual salary.
11.2 This fee is payable within fourteen (14) days of the successful candidate commencement date.
12. Advertising
12.1 Advertising will be invoiced at a cost plus 10% service fee and will be payable within seven (7) days of
receipt of invoice, regardless of progress of the placement. Advertising may be proofread and
authorised by the client prior to placement and upon request. All invoices will accrue 10% GST.
13. Testing
13.1 Any testing requested will incur a fee. Testing will be designed in consultation with the client. All
invoices will accrue 10% GST.
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Client Terms and Conditions
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14. Replacement Guarantee
14.1 The recruitment process is covered by a three (3) month replacement guarantee. Should an
employee placed by Steel Cap leave the client’s employ for any reason, other than retrenchment or
unwarranted dismissal, within the relevant guarantee period, Steel Cap undertakes to provide a
replacement service, provided payment was received within fourteen (14) days of the original
candidate’s commencement date. The client will incur direct costs associated with replacing the
employee e.g. advertising costs. A second guarantee period does not apply to the replacement
candidate.
15. General Conditions
15.1 Candidate introductions utilise intellectual property that is the confidential property of Steel Cap.
Referring a candidate to another employer should only be made via Steel Cap. Where a referral is
passed directly or indirectly to another employer resulting in employments, this renders the client
liable to of fees as detailed in this document.
15.1 Should the client hire a Steel Cap referred candidate within twelve (12) months of the referral date,
Steel Cap will be entitled to a full permanent placement as outlined in clause 11.1 And 11.2 and will
invoice accordingly.
15.1 We recommend you should satisfy yourself as to the candidate’s suitability for your employment.
Although every care is taken when Steel Cap carry out reference checks and the verification of
information provided by the candidates, Steel Cap does not guarantee references or information
concerning a candidate’s skills or qualifications and will not be responsible or liable for
misinformation.
15.1 Your acceptance of the subsequent employment of referred candidates from Steel Cap will constitute
your agreement to these terms of business.
The Client agrees to the above Terms and Conditions :
Business Name / Clients Name
Name of Clients Representative
Signed by the Clients Representative
Date
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Client Terms and Conditions
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