Candidate Terms and Conditions

Last updated 29.07.19
General Conditions of Employment for Casual Employees

1.   General
1.1  These General Conditions set out the terms and conditions applicable to your employment with Globe on all Assignments.

1.2  In addition to these General Conditions, your employment will also be subject to the Globe Labour Hire Services Employees’ Collective Agreement 2008 (Collective Agreement) and any applicable legislation, including but not limited to the Fair Work Act 2009 (Cth) (Act). However, neither the Collective Agreement nor the Act are incorporated into any contract between you and Globe. A copy of the Collective Agreement is available for inspection by you at Globe’s offices.

1.3  These General Conditions take precedence over any inconsistent provisions of the Collective Agreement only to the extent permitted by the Act.

2. Nature of Employment and Hours of Work

2.1  You will be engaged as a casual employee, as and when required. As a casual employee:

(a) your hours of work will be as agreed with you from time to time having regard to the specific requirements of each Assignment;

(b) you are not entitled to any paid annual leave or paid personal leave,      severance pay in the event of redundancy or payment for public holidays not worked. As such, you will be paid only for hours worked by you and which are verified by a timesheet duly completed and signed by you (and any supervisor appointed by your Host Employer). You must ensure that your duly completed and signed timesheet is submitted on the final day of each Pay Period. Any timesheets received after this time will not be processed or paid until the final day of the following weekly Pay Period;

(c)you are under no obligation to accept any Assignment offered to You, and Globe is likewise under no obligation to engage you for any Assignment. If you are reengaged after the end of any specific Assignment, such reengagement does not constitute a promise to reengage you for any subsequent Assignment and any pattern of reengagement shall not constitute a promise or agreement by Globe to continue to reengage you or future Assignments or indefinitely; and

(d) where you are engaged for an Assignment, you are engaged and paid on an hourly basis for each hour for which you are rostered and during which you perform work for a Host Employer throughout the period of that Assignment. Globe does not commit to providing you with on-going employment, whether indefinitely or for any specified period.

2.2  Your proposed hours of work and roster for each Assignment will be as outlined in the Offer issued to you or as subsequently specified by Globe or your Host Employer.

3.    Remuneration and Superannuation

3.1 Your pay structure for each Assignment will be as outlined in the Offer issued to you. Your rate of pay will include a 25% casual leave loading pursuant to the Collective Agreement in lieu of the entitlements specified therein. Unless otherwise specified in the Offer issued to you, the 25% casual leave loading payable under the Collective Agreement is to be apportioned to each of your forgone entitlements as follows:

(a) Annual leave – 7.7%;

(b) Personal/Carer’s Leave – 3.8%;

(c) Compassionate Leave – 0.8%;

(d) Public Holidays – 4.2%;

(e) Long Service Leave – 1.7%;

(f) Notice of Termination – 1.9%;

(g) General loading (to be apportioned pro rata to each of the foregoing) – balance percentage.

3.2  Wages for each Pay Period during which you have worked will be paid by Globe on the immediately following Wednesday by electronic transfer to your nominated account. It is your responsibility to provide Globe with your correct bank account details. Payment to your nominated bank account will constitute a full and complete discharge of Globe’s obligation to pay any relevant amount to you even if your nominated bank account details are incorrect.

3.3  Globe will make superannuation contributions for your benefit at the rate that satisfies Globe’s statutory obligations. Such contributions will be made into a complying fund chosen by you or, if you do not make a choice, the default fund chosen by Globe.

4.  Entitlement to Work

4.1 It is a condition precedent of your employment with Globe that you comply with all immigration related requirements set by the Federal Government’s Department of Immigration and Citizenship and that you maintain at all times your eligibility to work in Australia by holding a valid working visa in compliance with the relevant immigration laws. You are obliged immediately to advise Globe of any breach or potential breach of this clause or any change in your immigration status. Any breach of these obligations may result in immediate termination of any Assignment or of your employment with Globe generally.

4.2  You must provide evidence of your right to work in Australia to Globe promptly on request. Such evidence must be in a form satisfactory to Globe.

5.  Licenses, Tickets, Registrations and Qualifications

5.1  You warrant that you hold any required licenses, tickets, registrations and qualifications required to perform any work the subject of any Assignment you accept from Globe. You must ensure that you maintain any and all such licenses, tickets, registrations and qualifications throughout the entire period of any Assignment.

5.2  You must provide evidence of the currency of your licences, tickets, registrations and qualifications to Globe promptly on request. Such evidence must be in a form satisfactory to Globe.

6.  Policies

6.1  To help Globe’s business operate lawfully, safely and efficiently, Globe may introduce policies which set out how all employees are to conduct themselves and processes which are to be followed.

6.2  During each Assignment, you must comply with Globe’s policies as amended from time to time and you must also comply with any policies of any Host Employer about which Globe or the Host Employer advise you.

6.3  In this clause 6, a reference to policies includes procedures, processes, guidelines and rules.

7.   Health and Safety

7.1  For the safe and effective operation of the workplace and for everyone’s welfare, you must comply with state and federal laws, and policies of the workplace, relating to health and safety, discrimination and harassment. Conduct in contravention of these laws and policies may result in termination of your employment.

7.2 You must provide a medical certificate from any treating medical practitioner and a correspondence privacy release form to Globe whenever Globe requests to enable it to assess your fitness or capacity to work or to substantiate any injury claim made by you.

8.  Confidential Information

8.1  The nature of Globe’s business may mean that you will have access to Confidential Information relating to Globe and/or its Clients. Clients engage Globe on the basis that any knowledge of their affairs will not be disclosed to any person other than those approved by the Client, Globe or any person employed by Globe who has a need to know.

8.2  You are prohibited from disclosing to other persons any information concerning Globe’s affairs or the affairs of Globe’s Clients that is not already public knowledge. Any breach of this obligation may result in immediate termination of your Assignment with any Client or your employment with Globe generally.

8.3  The requirement for non-disclosure of confidential information exists during and after the term of your employment with Globe, including any Assignment on which you are engaged during such employment.

9.   Termination

9.1  Your employment may be terminated by Globe or by you at any time without notice. Without limiting the foregoing, your employment is deemed to come to an end at the completion of each Assignment.

9.2  Without limiting your rights under clause 9.1, if you wish to terminate your employment then you are requested to give Globe the courtesy of advising it at the earliest possible opportunity of your intentions so that Globe may make arrangements for your duties to be performed by someone else.

10.   Deductions and Set-Off

10.1  You authorise Globe to deduct from your wages, and from any sum payable to you on termination of your employment, any money that you owe to Globe.

10.2  If, despite these General Conditions, you claim (and are entitled) to be paid any amount in lieu of any one or more entitlements under the NES that casual employees do not have then you agree that any casual leave loading paid pursuant to the Collective Agreement must be taken into account in assessing any amount payable by Globe in connection with any such claim on the basis that the loading is apportioned to the various NES entitlements as specified in clause 3.1 of these General Conditions.

11.   Offers of permanent employment with Clients

11.1  You are engaged to work on assignments for Globe Clients however you are employed by Globe.

11.2  So that Globe does not suffer any detriment to its legitimate business interests by introducing you to its Clients, you agree to advise Globe within seven days if:

(a) an offer of employment (in any position) is made by a Client of Globe (or an associated company or employer) to you and your employment with that person commences at any time within a 12 month period from the completion date of the Assignment on which you last worked for the Client through Globe; or

(b)the Client of Globe with whom you are placed on an Assignment refers you to another potential employer who subsequently hires you within a 12 month period from the completion date of the Assignment on which you last worked for the Client through Globe.

11.3  If any of the events described in clause 11.2 occur, Globe will release you from your employment but you must nevertheless notify Globe of the relevant event as a placement fee will be payable by the Client to Globe. If you breach this obligation, Globe will suffer financial loss equal to the unpaid placement fee which it shall be entitled to recover from you as a liquidated debt.

12.   Electronic Contracting and Notices

12.1  If this Agreement is signed by any person using an electronic signature, you and Globe:

(a)agree to enter into this Agreement in electronic form and via electronic means;

(b)consent to either or both parties signing the Agreement using an Electronic Signature; and

(c)agree that this Agreement is a true representation of the employment agreement between the you and Globe and has the same status as if signed using a paper-based ink signature.

12.2  You agree that any notices required or permitted to given by Globe under this Agreement or otherwise in relation to your employment with Globe, including any notices required or permitted to be given under any law, may be given verbally or in writing, and that any written notices may be given via electronic means.

12.3  In this clause:

(a)”this Agreement” means the employment agreement between you and Globe, the terms of which are set out in the Offer issued by Globe and these General Conditions; and

(b)“electronic means” means any method of electronic communication including but not limited to email, text message, direct message via or post on any social media platform utilised by you, a message posted on any website maintained by Globe from time to time, or any combination of two or more methods of electronic communication;

(c)“electronic communication” has the meaning given in the Electronic Transactions (Queensland) Act 2001;

(d)“electronic signature” means an electronic method of signing that identifies the person and indicates their intention to enter into this agreement, including but not limited to a digital signature, a scanned signature, or a printed name or other acknowledgment of receipt of any electronic communication; and

(e)“notices” include documents;

(f)”social media platform” means any website or application that enables users to create and share content or participate in social network, including but not limited to Facebook, Twitter, and LinkedIn;

 13.   General

13.1  These General Conditions may be amended or waived only by written agreement between all parties.

13.2  Each provision of these General Conditions is deemed to be separate and severable from every other provision. If any such provision is void, illegal or unenforceable in any jurisdiction, the provision is to be read down for the purpose of that jurisdiction, if possible, so as to be valid, legal and enforceable. If the provision cannot be so read down it will be severed to the extent of the invalidity, illegality or unenforceability. Such severance does not affect the remaining provisions of these General Conditions or affect the validity, legality or enforceability of it in any other jurisdiction.

13.3  These General Conditions supersede all previous agreements about its subject matter and embodies the entire agreement between the parties. To the extent permitted by law, any statement, representation or promise made in any negotiation or discussion has no effect except to the extent expressly set out or incorporated by reference in these General Conditions.

13.4  These General Conditions shall be governed by and be construed in accordance with the laws of the State of Queensland, and each party submits to the non-exclusive jurisdiction of the Queensland Courts.

14.   Definitions and Interpretation

14.1  In these General Conditions:

Act has the meaning given in clause 1.2.

Assignment means any project or period for which Globe proposes to engage you to perform work for any one or more of its Clients, and includes any Shift relating to any such project or period.

Client means any client of Globe and includes a Host Employer.

Collective Agreement has the meaning given in clause 1.2.

Confidential Information includes all Information regarding the businesses, products or services of Globe or any Client, as the case may be, which is imparted by or on behalf of either of them to you (or which otherwise becomes known to you in the course of your employment with Globe), including, but not limited to any documents and other records incorporating any confidential information, but does not include information which is already in the public domain (otherwise than as a result of a breach of these General Conditions by you), or information which is required to be disclosed by law.

General Conditions means the general conditions of employment set out in this document (as amended from time to time).

Globe means Globe Labour Services Pty Ltd (A.B.N. 95 130 029 006) of Level 2, 42 Bridge Street, Albion, Queensland 4010.

Host Employer means any Client to whom you have been assigned, and for whom Globe has directed you to perform work, from time to time as specified in the Offer issued to you or in any subsequent notice given by Globe to you.

Offer means the written or verbal offer outlining Globe’s offer to engage you for any relevant Assignment.

NES means the National Employment Standards in the Act.

Pay Period means the weekly pay period applicable to any Assignment for which you have been engaged.

Shift means any rostered period of work.

You means the employee named in the letter of offer incorporating or accompanying these General Conditions.

14.2  In the interpretation of these General Conditions:

(a) headings are for convenience only and do not affect the interpretation of these General Conditions;

(b)including and similar expressions are not words of limitation;

(c) nothing is to be interpreted against a party solely on the ground that it put forward these General Conditions;

(d)if the day on which Globe must do something is not a business day, the Globe must do it on the next business day;

and unless the context otherwise requires:

(e) words denoting the singular shall include the plural and vice versa;

(f) words denoting individuals shall include any other person and vice versa;

(g) words denoting any gender shall include all genders;

(h) any agreement not to do an act or thing shall include an obligation not to permit such act or thing to be done;

(i) references to a person shall be construed as a reference to any individual, partnership, company, associations, trustees, corporation, government, governmental authority, instrumentality, state or agency of a state (in each case whether or not having corporate legal personality) or any two or more of the above;

(j) references to a statute includes all statutory provisions consolidating, amending, re-enacting or replacing the statute referred to and all regulations, rules, by-laws, proclamations, orders, instruments and other authorities pursuant to the statute;

(k) references to parties, parts, clauses, annexures, and schedules are references to parties, parts, clauses, annexures, and schedules to these General Conditions as modified or varied from time to time;

(l) references to any document, deed or agreement shall include references to such document, deed or agreement as amended, novated, supplemented, varied or replaced from time to time in accordance with its terms;

(m) references to a party to these General Conditions includes a reference to its legal personal representatives, successors, executors, administrators and permitted assigns;

(n) references to a “right” includes any legal, equitable, contractual, statutory or other right, power, authority, benefit, privilege, immunity, remedy, discretion or claim;

(o) references to an “obligation” includes any legal, equitable, contractual, statutory or other obligation, commitment, covenant, duty, undertaking or liability (whether positive or negative);

(p) a reference to a “business day” is to any day other than a Saturday, Sunday or public holiday in Brisbane;

(q) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.