Action Workforce

Legal Information

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Collection and use of personal information
The AW website does not collect, store or distribute any personally identifiable information that is not manually submitted by the user. Information gathered by the Candidate Registration component is required for the employment process and is dealt with in accordance to privacy legislation. This information is securely stored and will not be shared with unauthorised third party.

Security
We take all appropriate steps to prevent misuse, loss, unauthorised access to, and modification or disclosure of your information you submit.

Terms of Business

Acceptance of our quotation or proposal or commencement of our on-hired workers or candidate infers acceptance of these Terms of Business.

Definition Clause:

The Company includes the Directors and Employees of Action Workforce Pty Limited (ABN 74 099 238 954) and the Directors and Employees of ECA Group Pty Limited (ABN 92 094 747 510) and its subsidiaries.

1. On-hired Workers

Minimum Hire for on-hired workers is daily units (i.e. 4 hours), plus overtime as directed.
Extra allowances and pay rates required by certain sites are charged extra at our costs (including statutory charges)
Rates quoted are based on relevant awards and include:
- Workers Compensation Insurance
- Public Liability Insurance to $20,000,000
- Payroll Tax, Annual Leave Loadings, Sick Leave, etc. as applicable.
Rates quoted are subject to change with changing employment costs.
Terms of payment are net 7 days based on periodic timesheets (or other documents) and invoices.
On-hired workers shall not at any time be entrusted with the handling of money, securities, valuables, negotiable documents, or confidential information except at the sole risk of the host employer.
The Company shall not be liable to the host employer for any injury loss damage or expense arising in connection with the supply of or failure to supply on - hired workers whether or not resulting from negligence mistake dishonesty misrepresentation or otherwise on the part of The Company, or on-hired workers.
The Company shall not be liable, under any circumstances, to any person for any death, injury, loss or damage arising out of or caused by, any act or omission of the on-hired workers, whether or not such act or omission is negligent, and the host employer indemnifies The Company against all such liability.
It is recorded that The Company provides and charges only for services in our quotation and that the host employer controls the manner, time and place in which the on-hired workers carry out the work assigned to them and therefore the host employer shall be vicariously liable for all acts and omissions as if the host employer were the on-hired workers employer and to the extent that obligations of the parties are not expressed herein they shall be implied and construed accordingly.
The Host Employer acknowledges that The Company is not performing the services required of The Company’s employees or independent contractors; but is instead the supplier of The Company’s employees and independent contractors, at the Host Employer’s request, to perform the work that it has requested. From the time that The Company’s employees or independent contractors report to the Host Employer for their duties they are under the care, control and supervision of the Host Employer for the duration of the assignment.
In these circumstances, the Host Employer agrees that The Company will not be liable to the Host Employer in respect of any damage whatsoever nature or kind, however caused, whether by The Company’s negligence or the negligence of one of The Company’s workers, servants or agents or otherwise, which may be suffered or incurred, whether directly or indirectly, in respect of the services provided under these conditions of assignment.

Our responsibilities to host employers

Fast efficient service to our host employers.
To liaise with host employers regarding their requirements and the performance of our on-hired workers.
To pay The Company on-hired workers according to the award under which they are employed, or the specialist agreements existing at our host employer’s work place.
To cover The Company on-hired workers for Workcover.
To pay superannuation under the provisions of the Superannuation Guarantee Charge Act.
To pay Payroll Tax due on wages paid to on-hired workers as applicable.
To deduct the appropriate taxes from on-hired workers wages and forward them to the Deputy Commissioner of Taxation.
To provide the host employer with an efficient access system to us via telephone, facsimile and e-mail.
To invoice the host employer periodically on the basis of the timesheets (or other documents), to enable you to monitor costs.

Our host employer’s responsibilities

To clearly define the assignment so that The Company can select the appropriate staff to meet host employers needs. Any change in assignment to the on-hired workers must be notified by the host employer in writing before implementation and agreed upon by The Company
To provide necessary information concerning any special site conditions including the appropriate Union membership where applicable
Safe working conditions for our on-hired workers or candidates and the provision of amenities are the responsibility of the host employer.
To provide clear job instructions to The Company on-hired workers regarding the tasks to be completed and to directly supervise the on-hired workers in carrying out those tasks.
To provide enough information, training and supervision for on-hired workers to enable them to work safely and without risking their health and to make sure that the on-hired workers understand and follow safe procedures and policies and safely use equipment as required.
To monitor the health of on-hired workers and keeprecords about their health and safety.
To comply with all legislation and other obligations including the use and operation of the host employers machinery or vehicles by The Company on-hired workers.
Monitor the conditions in the workplace to help make sure that they are safe and free from risks to health.
To complete and sign on a periodic basis The Company timesheet for the hours worked by on-hired workers whilst on hire to the host employer, so as to enable The Company to promptly pay those on-hired workers.
To effect and maintain reasonable insurance cover in respect of all claims which The Company may have against the host employer arising out of the host employers occupation of premises, and for any act or omission of the host employer in relation to any machinery, equipment or vehicle(s) used by the on-hired workers, and to indemnify The Company against all such claims.
To indemnify The Company against loss damages or costs suffered or incurred by The Company as a direct or indirect consequence of the supply to the host employer of on-hired workers, other than employment costs as agreed herein to be paid by The Company.
To pay The Company the total of invoices raised on the basis of timesheets (or other documents) within 7 days of the invoice date.

2. Placement Fees on-hire to Permanent

Unless otherwise agreed in writing by The Company the following conditions apply:

On-hired workers with the host employer are employed by The Company. If an on-hired worker is introduced by The Company continues to work with the host employer, or return to it, or a subsidiary or associated company within 12 months of completing an assignment, the host employer agrees that they will do so as an on-hired worker of The Company or alternatively the standard permanent placement fee as set out below will be paid.
Should the host employer wish to recruit an on-hired worker or employ them through another agency either on a temporary or permanent basis, within a period of 12 months of completing their assignment, the host employer agrees to pay to The Company our standard placement fee which is set out below.

3. Permanent Placement

Standard permanent placement fees are as follows:

Salaries to $30,000 Salaries from $30,001 Salaries from $50,000		14% of annual salary package + GST $49,999 17% of annual salary package + GST 22.5% of annual salary package + GST

Annual salary package includes salary, the value of any company car, allowances, benefits, incentives, commissions and superannuation payable by you during the first twelve months of employment. The fee is still payable if the candidate is engaged in a position other than the one originally intended. No charge whatsoever is made to the candidate.
Payment of invoice is strictly 7 days from the date of commencement of employment with you.
Any advertising costs will be charged at cost to you.
A 3-month guarantee applies, provided your payment is received within 7 calendar days of the date of commencement of employment with you. Accounts not settled within this period remain due and payable but the replacement guarantee does not apply. The guarantee period will operate from the date of commencement of employment.
When the guarantee applies, if for any reason (other than redundancy/restructure or any change in the original job specification provided to The Company at the time of the appointment) the employee should resign or be terminated within the guarantee period, The Company undertakes to provide a replacement candidate. Please note that termination in this case is the actual date of leaving your employ.
The original invoice will be credited to your account and a new charge, determined by the starting salary, will be raised for the replacement. Our normal guarantee clause will again apply.
In the event that you do not require a replacement The Company will issue a credit note for 75% of the original invoice, valid for twelve months for use against a permanent placement fee.
Prior to the issue of any credit we do require you to confirm the termination in writing.
Every reasonable effort is made to ensure the suitability of candidates presented to you. You must satisfy yourself as to the candidate’s suitability for your employment as The Company does not guarantee a candidate’s skills, qualifications or integrity. The Company does not accept liability for any claim for loss, expense, damage or delay however occasioned as a result of our referral and/or your subsequent employment of a candidate.
Neither The Company nor anyone acting on our behalf can accept liability for the accuracy of any information supplied in relation to candidates, whether this concerns employment history, qualifications or personal circumstances or any other matter whatsoever. The Company does not guarantee that a candidate is available to accept any engagement.

4. Assignment

This agreement is assignable in part or full by The Company.