1. DEFINITIONS
In this Agreement the following terms mean:
"Agreement": the Candidate Application for Employment Services together with these General Terms
and Conditions
"Candidate": any individual seeking placement by Class Professionals in part time, casual or
fulltime employment
whether in a temporary or a permanent placement with a Client;
"Class Professionals": the owners of the Business known as Class Professionals
"Client": the person, school, educational institution, corporation or other
entity to which the Candidate is
introduced by Class Professionals, and includes all staff, employees,
servants and agents of the Client;
"employment" and "employed": any form of engagement of a Candidate by
a Client 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 Client where the Candidate is employed by
Class Professionals to provide services to the Client 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 Client by Class Professionals of Candidates
for employment
"contract of employment rate": a rate specified in the Scale of Fees and charged
to the Client where the Candidate is employed
directly by the Client.
2. AGREEMENT APPLIES TO ALL CANDIDATES
This Agreement applies to all Candidates introduced to a Client by Class Professionals.
3. FEES
The Candidate acknowledges that except where specifically stated in this Agreement
the Client 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 Candidate's annual income it is calculate d
on
the estimated gross value of the
remuneration agreement between the Client and the Candidate 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 Candidate is provided on a
subcontract basis to the Client, and the Candidate 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 Candidate is
provided to the Client on the basis that the Client will employ the Candidate directly
and be responsible for all salary, allowances,
superannuation, and any other employment entitlements, benefits, costs and insurance.
(d) The Client is liable for the relevant Fee for Services
in any of the following events;
(i) a Candidate is employed by the Client,
(ii) a Candidate is employed by the Client indirectly or by any employee,
servant, agent or other person acting for or on behalf of the Client,
(iii) a Candidate provides services to the Client whilst employed
by Class Professionals or by any other agent or contractor,
(iv) a confirmed appointment of a Candidate for employment
for a period of not more than 20 working days is cancelled by the
Client within and including one (1) hour prior to the agreed time for commencement
of employment of the Candidate,
(v) a confirmed appointment of a Candidate for employment for
a period of greater than 20 working days is cancelled by the Client within and including
twenty-four (24) hours prior to the agreed time for commencement of employment of
the Candidate,
(vi) a Candidate is employed or reemployed under any conditions
within twelve (12) calendar months of the initial introduction to the Client by
Class Professionals,
(vii) the Client enters into any employment contract, arrangement,
practice or undertaking between and any other person or agent, on behalf of, or
in connection with a Candidate that results in the Client receiving the benefit
of services of the Candidate, within twelve (12) months after the later of,
(A) the latest day on which such Candidate worked for the Client,
or
(B) the date of introduction of the Candidate to the Client.
The Scale of Fees may be amended by Class Professionals in accordance
with the Client general terms and conditions.
4. CLASS PROFESSIONALS
Class Professionals undertakes to;
(a) use its best endeavours to introduce the Candidate to Clients
for the purpose of employment in the areas specified in the
Candidate Application for Employment Services,
(b) provide Candidate information to Clients,
(c) keep confidential and not disclose any confidential information
supplied by the Candidate 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 Candidate
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 Candidate to a Client,
(b) any act or omission of any Candidate or Client,
(c) any failure to introduce a Candidate to a Client,
(d) a Candidate not being successful in any application for
employment.
5. THE CANDIDATE
The Candidate undertakes to;
(a) make full disclosure of all facts and information material
to the Candidates qualifications, work experience, references, health and
any other matter that may effect the Candidates employment or capacity to work,
(b) notify Class Professionals of the terms of each Candidates employment
prior to commencement of that employment,
(c) not enter into, except through Class Professionals, any
employment contract, arrangement, practice or undertaking between the
Candidate and any other person or agent, on behalf of, or in connection with a Client
that results in the Client receiving the benefit
of services of the Candidate, within twelve (12) months after the later of,
(i) the latest day on which such Candidate worked for the Client,
or
(ii) the date of introduction of the Candidate to the Client.
(d) In the event that a Candidate breaches clause 5.1(c) the Candidate
shall be jointly and severally liable with the Client to pay to
Class Professionals the relevant Fee for Services specified in the Scale of Fees.
The Candidate acknowledges that;
(a) The Client will
(i) satisfy themselves as to the Candidate's integrity
and suitability for employment by the Client,
(ii) make the final recruitment decision once it has satisfied itself
of the Candidate's qualifications, training and experience.
(b) The acceptance of the Candidate Application for Employment Services
by Class Professionals is not a contract of employment,
and that in respect of each placement with a Client a separate contract of employment
shall be entered into:
(a) refrain from contacting any Client introduced to the Candidate
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,
(b) Keep confidential and not disclose to any school, educational
institution, or any other party without prior consent of both the Client
and Class Professionals, information or any Client details supplied by Class Professionals.
