Forge Group Services - Terms of Conditions – for the recruitment and labour hire services
1. Parties & nature of relationship
1.1. Forge Group Services is a provider of recruitment and labour hire services only and not a provider of work services. These Terms and Conditions are between Forge Group Services Pty Ltd (Hereafter referred to as Forge), and the Client Employer and their legal representatives, successors and/or assigns (“you/your”), and specify the terms upon which we will provide services to you (until new Terms and Conditions are notified by us to you in writing).
2. Acceptance of Term & Conditions
2.1. The acceptance of candidate details or interviewing of a candidate or engagement of a candidate introduced by us, or the passing to any other person or organization of personal information pertaining to a candidate introduced to you by us, will amount to your acceptance of these Terms and Conditions. No variation can be made to these terms without the written consent of the Director of Forge.
3. Payment obligations
3.1. You agree to pay the hourly charge, (plus GST) advised by us at the time of the booking of the assignment. This hourly charge includes allowance for all statutory charges (including workers compensation, payroll tax and superannuation) paid by us. Travelling, hotel or any other expenses as may be agreed, will be charged in addition and itemized on the invoice (plus GST), a minimum charge of four hours per day will apply to each contractor/temporary employee booking. Any amount payable to temporarily employed under the provisions and terms of an award, certified agreement or any other legislative requirement, will be recharged to you. You agree not to provide any cash gifts to a contractor/temporary employee. Should you provide a noncash gift to a contractor/temporary employee that may be regarded as a fringe benefit, you agree to reimburse us for any Fringe Benefit Tax which we may incur.
3.2. You agree to verify and sign, or where the Forge Online Timesheet facility is in use, authorize via this medium, the Employment Business timesheet each week. Signature or online verification of the timesheets by you constitutes acceptance that the contractor/temporary employee has worked satisfactorily for the hours indicated on the timesheets. Failure to authorize the timesheets does not alter liability to pay for hours worked.
3.3. All charges will be invoiced weekly, reflecting authorized hours from corresponding timesheets, and are payable within 14 days from date of invoice.
3.4. You understand and agree that we are required to comply with relevant industrial awards and laws applying to contractor/temporary employees provided to you on assignments. You therefore agree to notify us immediately if you require a contractor/temporary employee to work overtime or outside ordinary hours. You agree that Forge may increase our fee in respect of a contractor/temporary employee if you require them to work overtime or outside ordinary hours. This increase will be automatically added to your invoice, and you agree to pay any such charges.
3.5. You accept liability for any legal and/or other expenses incurred by Forge in our attempt to obtain payment of any overdue amount.
4. Subsequent engagement of a contractor/temporary employee
4.1. If within the duration of an assignment of a contractor/temporary employee introduced to you by us, or within 12 months of the conclusion of an assignment of a contractor/temporary introduced to you by us, you engage that person, either as an employee or any other capacity for a limited or unlimited period, a placement fee will apply, The placement fee will apply to any contractor/temporary employee introduced to you by us who is engaged by you or any division, related company or associated company on a permanent, contract/temporary, part-time or consultancy basis. Such a fee will also apply when our contractor/temporary employees are transitioned to another employment agency/business for whatever reason and in whatever manner.
4.2. The placement fee is to be paid at the time specified in any invoice we issue to you or if no invoice is issued or time is stated you will pay on the commencement date of the candidate and will be calculated as a percentage of the candidates gross equivalent annualized remuneration package (plus GST) which will be taken to include base salary and all other benefits or allowances which represent remuneration in other forms, such as superannuation, subsidized housing loans, bonuses, commissions etc. Motor vehicles provided for staff will be valued at a minimum of $15,000 per annum or as agreed in the package. Where a placement is part-time, the salary will be equated to the full-time equivalent, and the fee shall be charged on that salary.
The fee will be calculated as follows, unless otherwise agreed by Forge.
: from $80,000 and above 15.0%
4.3. Where the amount of annualized commencing remuneration is not readily ascertainable, it will be calculated as a multiple of 1920 times the hourly charge (plus GST) at which the contractor/temporary employee was last supplied to you.
4.4. A minimum fee of $4,500 (plus GST) will apply to any such placement.
4.5. No guarantee applies to such placements.
4.6. Time is of the essence in relation to payment and we may require earlier payment or cash upon delivery of the services if your credit worthiness becomes uncertain. All payments must be made in full without any set off or deductions whatsoever. If you fail to pay on time, then without any other remedy we may:
4.6.1. Cancel this agreement or suspend supply;
4.6.2. Set off any other payments you have made against amount due; or
4.6.3. Late fees to be charged at 1% per week after the due date and the cost of recovery (including on a full indemnity basis any legal cost).
4.7. If any supply made by us is in our view a taxable supply for GST purposes or an adjustment event occurs that causes a supply to be a taxable supply, we will be entitled to charge an additional amount to you for GST or other similar tax and you acknowledge and accept our right to charge an additional amount for GST or other similar tax.
5. Onward referral
5.1. Introductions of candidates are confidential. Should you pass on an introduction which results in an engagement of a candidate, either as an employee or any other capacity, to any other division or any related or associated company or firms, or any other employer, you will be liable to pay us a fee calculated in accordance with the fee schedule above, as if the candidate had been engaged by you. Such a fee will also apply where our temporary employees/contractors are transitioned to another employment agency/business for whatever reason and in whatever manner.
6. Suitability of candidates
6.1. Candidates will be provided on a 4-hour free trial. Should employment continue after this trial period, you will be charged for all hours worked, inclusive of the initial 4 hours. Should you not wish to continue with the engagement of the candidate, please inform your Forge contact within the first 4 hours of employment and you will not be charged. Should the performance of a contractor/temporary employee provided prove not to meet the requirements of the assignment as agreed, we will replace the individual at no charge under the following conditions:
- For the first four hours on a booking of less than one month
- No charge for the first day on bookings of one month and over
6.2. We do not accept responsibility or liability for any loss, claim, fine, penalty, expense, damage or delay suffered by you arising in connection with a candidate or contractor/temporary employee, irrespective of how it may be caused including for any indirect or consequential less or damage resulting from a breach of contract, tort (including negligence), fraud, breach of statutory duty or otherwise howsoever caused of arising. You will need to satisfy yourself as to the background, integrity, qualification, suitability, and where relevant medical condition of the candidate for the position or contractor/temporary employee and we do not make any representation to you in relation to any of those matters. You should provide adequate supervision and information to the contractor/temporary employee to ensure the necessary standard of work during the assignment. Once the contractor/temporary employee starts the assignment, the contractor/temporary employee is under your control, supervision and direction for the duration of the assignment. All acts, errors or omissions of the contractor/temporary employee whether fraudulent, willful or negligent, are your responsibility, as if the contractor/ temporary employee was a member of your own staff and you agree to comply with all statutes, by-laws and other legal requirements in relation to the engagement of the contractor/temporary employee to which you are subject in respect of your own staff. You will fully indemnify and pay us on demand in respect of all liabilities. Losses, claims, fines, penalties, expenses and damages (including but not limited to Forge own losses and any third-party claims and any legal costs on a full indemnity basis) we suffer or incur arising out of or in connection with the supply of our recruitment services in the ordinary course of business under this agreement or any act or omission of any candidate, or contract/temporary employee.
7. Work health & safety
7.1. We reserve the right to remove a contractor/temporary employee from the workplace if it is deemed to be unsafe or at risk. We also reserve the right to conduct safety audits/Inspections to ensure the health and safety of our staff. You are required to provide all the necessary WH&S training, site specific and work specific induction required before any contractor/temporary employee starts work as directed by the relevant work cover authority in your state. Should this not be possible, you will inform Forge to ensure relevant prior training is completed. You will inform us of any change in job description, for us to reassess WH&S requirements of that individual i.e., whether retraining or a replacement is required.
8. Termination
8.1. If full payment is overdue by more than 14 days or any proceedings related to insolvency are made or you make any arrangement or composition with creditors then we may treat ourselves as being discharged from this agreement and (without prejudice to any other remedy) any fees will become immediately due and payable.
9. Force majeure
9.1. We will not be responsible for any delays caused by or any related to or arising out or any cause outside our reasonable control. Delays due to force majeure do not relieve you from the obligation to pay for services already provided.
10. No warranty
10.1. Dates quoted for supply are given in good faith and are approximate only. All warranties and representations whether express or implied by law, trade, custom or otherwise are to the extent permitted by law excluded.
11. Intellectual property
11.1. You acknowledge that no intellectual property is conveyed or vested in you or any other person pursuant to this agreement.
12. Governing law
12.1. This agreement and the supply of the services will be governed and construed in accordance with the laws of the State or Territory in which this agreement is entered into by Forge and the parties hereby agree to submit to the exclusive jurisdiction of a competent court in that State or Territory of Australia.
13. Waiver
13.1. No express or implied waiver by us of any term of this agreement will constitute a waiver unless in writing and signed.
14. Entire agreement
14.1. This agreement and any Forge invoice or Forge proforma that is attached constitute the entire agreement for the supply of services and supersede all prior representation or statements whether oral or written made by or on behalf of us. You acknowledge that, except as set out in this agreement, you do not enter into this agreement because of or in reliance on any promise, representation, advice, statement or information of any kind given or offered by us, whether in answer to any enquiry or not. The parties exclude all implied terms (unless prohibited by law). If any provision of this agreement is determined by a court to be invalid or void or voidable then the remaining provisions shall not be affected.
15. No assignment
15.1. You may not subcontract, assign or otherwise transfer this agreement in whole or in part without the prior written consent of Forge.