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Client Agreement and Terms of Business

Definitions

  1. In these Terms of Business:
    1. Additional Services means any of the following additional services selected by the Client in Schedule A – Client Agreement:
      1. Pre-employment medical;
      2. Police check;
      3. Manual Handling Training;
      4. First Aid Training;
      5. Took Kit;
      6. Engagement with AASN;
      7. Work Safely at Heights Training;
      8. Safe Use of Power Tools Training;
      9. PPE Kit;
      10. Tool Kit Basic;
      11. Tool Kit Essentials;
    2. Assignment Brief means the information given by the Client to MBANSW in relation to the Client’s requirements for a suitable Candidate.
    3. Candidate means personnel introduced by MBANSW to the Client as a prospective employee.
    4. Client means any person or any corporation, its officers, employees, or agents who engages MBANSW to introduce Candidates for employment in a Permanent Position.
    5. Contract means the contract/arrangement for the supply of services by MBANSW to the Client and consist of Schedule A – Client Agreement and these Terms of Business.
    6. Fee means the moneys payable to MBANSW by the Client in accordance with clauses 17 to 24 of these Terms of Business.
    7. Guarantee has the meaning set out in clause 30 of these Terms of Business.
    8. Guarantee Period means the period of twenty-eight (28) days from the date the Client enters into an employment agreement with the Candidate.
    9. Job Ad means any advertisements placed to attract potential Candidates
    10. Master Builders means Master Builders Association of New South Wales, ABN 96 550 042 906.
    11. Master Builders Recruitment Services has the meaning given to it in clause 11 of these Terms of Business.
    12. MBRS means Master Builders Recruitment Services, a recruitment service offered by MBANSW.
    13. MBANSW means Master Builders Association of New South Wales Pty Ltd, ABN 11 074 397 532.
    14. Meet/Meeting means where the Client engages in any direct communication with the Candidate with a view to the possible retention of the Candidate by the Client or a third party.
    15. Permanent Position means a full-time employment position for a minimum of 38 hours per week.
    16. Prohibited Employer has the meaning given to it in section 14.3 of the Apprenticeship and Trainee Act 2001 (NSW).
    17. Schedule of Fees means the schedule of fees, including for additional services, located at Appendix A to these Terms of Business.
    18. WHS Act means the Work Health and Safety Act 2011 (NSW).

General

  1. These Terms of Business are between MBANSW and the Client for the introduction of Candidates.
  2. Master Builders Recruitment Services is a service offered by MBANSW, which is the apprenticeship arm of Master Builders.
  3. These Terms of Business shall be governed by and in accordance with the laws of New South Wales and the parties hereby submit to the exclusive jurisdiction of the courts operating in New South Wales.

Formation of the Contract

  1. The Contract consists of Schedule A – Client Agreement and these Terms of Business.
  2. Written or verbal instructions by the Client to MBANSW to introduce Candidates will be deemed as the Client’s acceptance of the Contract.
  3. No variation or amendment to the Contract, or commitment or representation relating to it, will be valid unless confirmed in writing by or on behalf of MBANSW.

Exclusivity

  1. Unless otherwise agreed in writing, MBANSW’s services are engaged on an exclusive basis.
  2. The Client agrees that any internal candidates or applications received directly by the Client will be forwarded to MBANSW for consideration and assessment through the same processes as other Candidates.
  1. In the event that the Client chooses to employ a Candidate externally whether or not the process outlined in clause 9 above has been followed, the Client will remain liable for the Fee.
  1. For a period of three (3) months from the initial Meeting between the Candidate and the Client, if the Client wishes to engage the Candidate, the Client must notify MBANSW, and the Fee will be payable by the Client to MBANSW.

Master Builders Recruitment Services

  1. The Master Builders Recruitment Services are recruitment services provided by MBANSW consisting of:
    1. Job analysis consultation with the Client;
    2. Preparation of customised copy of Job Ad;
    3. Advertising the Client’s available position to potential Candidates;
    4. Screening Candidates;
    5. Short-listing Candidates;
    6. Presentation of short-listed Candidate profiles to the Client;
    7. Coordination of Candidate Meetings with the Client;
    8. Reference checks, credit checks and aptitude testing of preferred Candidates.
  1. If the Client requests MBANSW to introduce Candidates, the Client will provide MBANSW with an Assignment Brief.
  1. MBANSW will provide the Client details of suitable Candidate(s) for prospective position(s) with the Client and will arrange for the Client to Meet with the Candidate(s).
  1. The Client will be responsible for the final recruitment decision and any offer of employment to the Candidate.
  1. The Client must notify MBANSW immediately upon the engagement or employment of a Candidate who has been introduced to the Client by MBANSW.
  1. Where the Client has requested Additional Services, such Additional Services will be provided by MBANSW after the Client enters into an employment agreement with the successful Candidate.

Fees

  1. The Client must pay the Fee to MBANSW if MBANSW introduces a Candidate to the Client and the Client enters into an employment agreement with the Candidate for a Permanent Position
  1. The Fee is set out in Schedule A – Client Agreement.
  1. Unless otherwise agreed in writing by the parties, the Fee is calculated by reference to the Schedule of Fees.
  1. If selected by the Client, the Client must also pay for Additional Services.
  1. Payment for additional services is also calculated by reference to the Schedule of Fees.
  1. The Client will pay the Fee and any fee(s) for Additional Services to MBANSW within seven (7) days of receipt of an invoice from MBANSW.
  1. If the Client fails to pay the Fee on the due date of the invoice, the Client shall be liable to pay the full Fee as stated on the invoice together with interest at the rate of 12% per annum on any overdue amount from the date which payment was due to the date of actual payment (whether before or after judgment) and all costs and expenses (including all legal costs, disbursements, and fees) incurred in the collection, or attempted collection of any sums due.
  1. If the Client does not make payment in accordance with clause 19, the Client will not be entitled to the benefit of any Guarantee pursuant to clause 30 of these Terms of Business.

Subsequent Employment

  1. The Client must pay the Fee if:
    1. A Candidate is introduced to the Client by MBANSW;
    2. The Candidate is rejected by the Client or the Candidate rejects an offer of employment from the Client; and
    3. The Candidate is subsequently employed by the Client within three (3) months of the first Meeting between the Client and the Candidate.
  1. If the Client employs the Candidate in the circumstances described in clause 26 above, the Client will not be entitled to the benefit of a Guarantee pursuant to clause 30 of these Terms of Business.
  1. The Client must pay the Fee if:
    1. A Candidate is introduced to the Client by MBANSW;
    2. The Candidate is introduced by the Client to a third party; and
    3. The introduction of the Candidate to that third party by the Client results in the third party entering into an employment agreement with the Candidate within three (3) months of the first Meeting.
  1. If the Client employs the Candidate in the circumstances described in clause 28 above, the Client will not be entitled to the benefit of a Guarantee pursuant to clause 30 of these Terms of Business.

Guarantee and Guarantee Period

  1. Where a Candidate employed by the Client leaves the Client’s employment for any reason, other than as set out in clause 32 below, within the Guarantee Period, MBANSW will use its reasonable efforts to locate and provide a replacement employee for the vacated position at no additional fee (Guarantee).
  1. The Guarantee referred to in clause 30 above is only valid and applicable in circumstances where the Client:
    1. Has paid or pays the Fee in full as required by the Contract;
    2. Informs MBANSW in writing within seven (7) days of the Candidate leaving the employment that it requires MBANSW to endeavour to find a replacement employee;
    3. Does not engage the Candidate within three (3) months of the date of the termination of employment (and nor does any subsidiary or associated company of the Client);
    4. Ensures that MBANSW is provided with the exclusive opportunity to replace the Candidate; and
  1. The Guarantee shall not apply if the Candidate’s employment is terminated by the Client owing to work shortage, redundancy, employer relocation or other business rationalisation.
  1. If MBANSW is unable to find a suitable replacement within a three (3) month period from the notification of termination provided pursuant to clause 31.2 above and the Client’s request for MBANSW to locate a replacement pursuant to the Guarantee, the Client will receive a credit in the amount of the Fee to be utilised for future recruitment assignments.
  2. The Guarantee shall not apply to a replacement employee located by MBANSW in accordance with clause 30 who is subsequently employed by the Client.
  1. If the Client informs MBANSW that it does not require a replacement Candidate pursuant to the Guarantee, MBANSW will not be required to refund or waive the Fee payable in respect of the original Candidate.

Confidentiality and Privacy

  1. All information in respect of the Candidate is confidential information provided to the Client for the sole purpose of enabling the Client to determine the suitability of a Candidate for employment.
  1. The Client will keep all information in respect of the Candidate confidential and will not use it for any other purpose.
  1. The Client will not contact any third party to discuss the Candidate or disclose the Candidate’s identity as an applicant for a position without prior authorisation from MBANSW or the Candidate.

Reference Checking and Suitability

  1. MBANSW will carry out Candidate reference checking as part of the Master Builders Recruitment Services. The Client is however responsible for satisfying itself as to the suitability of the Candidate for the Permanent Position prior to engaging the Candidate.
  1. The Client is responsible for satisfying itself that the Candidate meets medical and other requirements of the Permanent Position.
  1. MBANSW will endeavour to ensure that Candidates introduced to the Client are suitable, having regard to the Assignment Brief provided by the Client. However, MBANSW will not be liable for any untrue statements or misrepresentation made by the Candidate or for the accuracy or completeness of information provided by a Candidate or a third party.
  1. MBANSW will exercise all reasonable care in the recruitment of Candidates but will not be liable for any candidate’s negligence, dishonesty, or lack of skills.
  1. MBANSW gives no warranty (expressed or implied) in respect of the introduction of the Candidate to the Client and accepts no liability for any failure of a Candidate to perform or to comply with their terms of employment or any loss, expense, damage, or delay resulting from the introduction of the Candidate to the Client or from the employment engagement of the Candidate by the Client.

Work Health and Safety

  1. The Client agrees that they are responsible for ensuring that a successful Candidate is placed in safe workplace environment, including ensuring any plant or equipment used is safe.
  1. Without limiting the generality of the obligation pursuant to clause 44 above, the Client agrees that it will:
    1. Comply with all of its obligations under the WHS Act and all applicable regulations;
    2. Comply with all applicable safety standards;
    3. Do all things necessary to ensure that safe work procedures are established;
    4. Ensure that safe work procedures are clearly communicated to the Candidate; and
    5. Provide a harassment free workplace.

Prohibited Employer

  1. The Client acknowledges that apprentices and trainees cannot be employed by an employer that has been deemed as a Prohibited Employer.
By executing Schedule A – Client Agreement, the Client hereby confirms that they are not a Prohibited Employer.

Acknowledgement & Acceptance

Name

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