1. DEFINITIONS
In this Agreement the following terms mean:
"Agreement": the Team Member Application for Employment Services together with these General Terms
and Conditions
"Team Member": any individual seeking placement by Class Professionals in part time, casual or
fulltime employment
whether in a temporary or a permanent placement with a Partner;
"Class Professionals": the owners of the Business known as Class Professionals
"Partner": the person, school, educational institution, corporation or other
entity to which the Team Member is
introduced by Class Professionals, and includes all staff, employees,
servants and agents of the Partner;
"employment" and "employed": any form of engagement of a Team Member by
a Partner whatsoever for the provision of
work, labour,
services or personal exertion, either part time, casual or fulltime
whether temporary or permanent;
"sub contract rate": a rate specified in the Scale of Fees and charged to
the Partner where the Team Member is employed by
Class Professionals to provide services to the Partner on a subcontract basis;
"Scale of Fees": the scale of fees set out in the Schedule as varied from time to time by Class Professionals
"Services": the provision to the Partner by Class Professionals of Team Members
for employment
"contract of employment rate": a rate specified in the Scale of Fees and charged
to the Partner where the Team Member is employed
directly by the Partner.
2. AGREEMENT APPLIES TO ALL TEAM MEMBERS
This Agreement applies to all Team Members introduced to a Partner by Class Professionals.
3. FEES
The Team Member acknowledges that except where specifically stated in this Agreement
the Partner is solely responsible for the payment to Class
Professionals of the Fee
for Services pursuant to the Scale of Fees.
(a) Where the Fee for Services in the Scale of Fees is stated to be a percentage of
the Team Member's annual income it is calculated
on the estimated gross value of the remuneration agreement between the Partner and the Team Member in the first year of
employment including the value of salary, allowances, superannuation, and any benefit
that is subject to Fringe Benefits Tax.
(b) Where the Fee for Services in the Scale of Fees is stated to be
a subcontract rate it applies where the Team Member is provided on a subcontract basis to the Partner, and the Team Member remains at all times the employee
of Class Professionals.
(c) Where the Fee for Services in the Scale of Fees is stated to be
a contract of employment rate it applies where the Team Member is provided to the Partner on the basis that the Partner will employ the Team Member directly
and be responsible for all salary, allowances, superannuation, and any other employment entitlements, benefits, costs and insurance.
(d) The Partner is liable for the relevant Fee for Services
in any of the following events;
(i) a Team Member is employed by the Partner,
(ii) a Team Member is employed by the Partner indirectly or by any employee,
servant, agent or other person acting for or on behalf of the Partner,
(iii) a Team Member provides services to the Partner whilst employed
by Class Professionals or by any other agent or contractor,
(iv) a confirmed appointment of a Team Member for employment
for a period of not more than 20 working days is cancelled by the
Partner within and including one (1) hour prior to the agreed time for commencement
of employment of the Team Member,
(v) a confirmed appointment of a Team Member for employment for
a period of greater than 20 working days is cancelled by the Partner within and including
twenty-four (24) hours prior to the agreed time for commencement of employment of
the Team Member,
(vi) a Team Member is employed or reemployed under any conditions
within twelve (12) calendar months of the initial introduction to the Partner by
Class Professionals,
(vii) the Partner enters into any employment contract, arrangement,
practice or undertaking between and any other person or agent, on behalf of, or
in connection with a Team Member that results in the Partner receiving the benefit
of services of the Team Member, within twelve (12) months after the later of,
(A) the latest day on which such Team Member worked for the Partner,
or
(B) the date of introduction of the Team Member to the Partner.
The Scale of Fees may be amended by Class Professionals in accordance
with the Partner general terms and conditions.
4. CLASS PROFESSIONALS
Class Professionals undertakes to;
(a) use its best endeavours to introduce the Team Member to Partners
for the purpose of employment in the areas specified in the
Team Member Application for Employment Services,
(b) provide Team Member information to Partners,
(c) keep confidential and not disclose any confidential information
supplied by the Team Member except for the purpose of introduction to any school, educational institution, or any other party required to give effect
to this agreement.
Class Professionals shall not be liable for;
(a) any loss, damage or costs irrespective of how they are
caused and whether through negligence or otherwise, which a Team Member may suffer or may become liable for, arising out of or in connection with or as
a result of the introduction by Class Professionals of a Team Member to a Partner,
(b) any act or omission of any Team Member or Partner,
(c) any failure to introduce a Team Member to a Partner,
(d) a Team Member not being successful in any application for
employment.
5. THE TEAM MEMBER
The Team Member undertakes to;
(a) make full disclosure of all facts and information material
to the Team Members qualifications, work experience, references, health and any other
matter that may effect the Team Members employment or capacity to work,
(b) notify Class Professionals of the terms of each Team Members employment
prior to commencement of that employment,
(c) not enter into, except through Class Professionals, any
employment contract, arrangement, practice or undertaking between the Team Member and any other person or agent, on behalf of, or in connection with a Partner
that results in the Partner receiving the benefit of services of the Team Member, within twelve (12) months after the later of,
(i) the latest day on which such Team Member worked for the Partner,
or
(ii) the date of introduction of the Team Member to the Partner.
(d) In the event that a Team Member breaches clause 5.1(c) the Team Member
shall be jointly and severally liable with the Partner to pay to Class Professionals the relevant Fee for Services specified in the Scale of Fees.
The Team Member acknowledges that;
(a) The Partner will
(i) satisfy themselves as to the Team Member's integrity
and suitability for employment by the Partner,
(ii) make the final recruitment decision once it has satisfied itself
of the Team Member's qualifications, training and experience.
(b) The acceptance of the Team Member Application for Employment Services
by Class Professionals is not a contract of employment, and that in respect of each placement with a Partner a separate contract of employment
shall be entered into:
(i) where it is on a subcontract basis, on such terms as shall
be negotiated between the Team Member and Class Professionals, and
(ii) where it is on a contract of employment basis, on such terms as
shall be negotiated between the Team Member and the Partner.
The Team Member shall;
(a) refrain from contacting any Partner introduced to the Team Member
by Class Professionals, either directly or through any third party other than Class Professionals for a period of twelve (12) months after the later
of,
(i) the latest day on which such Team Member worked for the Partner,
or
(ii) the date of introduction of the Team Member.
(b) Keep confidential and not disclose to any school, educational
institution, or any other party without prior consent of both the Partner and Class Professionals,
information or any Partner details supplied by Class Professionals.
6. TERMINATION
Either party may terminate this Agreement at any time by giving to the other
notice in writing provided that the obligations of the Team Member of
confidentiality and to pay fees to Class Professionals in any of the events specified
in this Agreement shall survive any termination.
7. NOTICE
Any notice required by this Agreement to be given by either party
to the other, shall be in writing and shall be deemed given or delivered
upon;
(a) personal delivery at the address of the party to be served,
(b) upon completion of successful transmission by email to the
email address specified in the Team Member Application for Employment Services,
(c) 2 working days after posting by ordinary prepaid post or
registered post to the address of the party to be served.
Either party may from time to time designate by notice to the other party
another address or email address.
8. ENTIRE AGREEMENT
This Agreement is the entire agreement between the Team Member and
Class Professionals.
The Team Member acknowledges that it has not relied on any warranties
or representations made except as set out in this Agreement.
If a term of this Agreement is held to be unenforceable for any reason,
it will be severable and will not affect the remaining terms.
9. GST
In this Clause:
GST means GST within the meaning of the GST Act. GST Act means the Act "A
New Tax System (Goods and Services Tax) Act 1999 (as amended)".
Except where this Agreement states otherwise, an amount payable by
a party for a taxable supply made by the other party under this
Agreement is expressed as a GST exclusive amount.
If a party makes a taxable supply under this Agreement, then the party liable
to pay for the taxable supply must also pay to the supplier the
GST payable in respect of the taxable supply at the time payment for the taxable
supply is due.
A party is not obliged under Clause 9.3 to pay the GST on a taxable
supply to it, until given a valid invoice for the supply.
10. LAW
This Agreement shall be governed by the laws of the State of
