Offer of casual employment with Unique Living Options Recruitment
As you know, Unique Living Options Recruitment Group Pty Ltd (Unique Living Options Recruitment) provides labour hire services to its clients. We would like to offer you casual employment to work with our clients on an as-needed basis.
The terms of our offer are set out below. Please read them and let me know if you have any questions. If you would like to accept this contract, please sign the agreement at the end and return it to me.
Contract of employment
How we will engage you
1. As a casual you will be employed on an hourly basis when required by us.
2. There will be no minimum number of hours of work per week, no right of continuing employment and no right of regular employment. This will be the case even if you work on a regular basis for a period of time.
3. We have not made and do not make any advance commitment to continuing or indefinite work according any agreed pattern of work.
4. We will inform you of the terms of each engagement and those terms will form part of this agreement. If you accept an engagement you will be taken to have accepted those terms.
5. We will be under no obligation to offer you engagements and you will be under no obligation to accept engagements. You are free to accept or decline each engagement that we offer you.
6. This agreement will apply to each engagement that you perform. Each assignment is a new period of engagement between you and us which is not continuous with any previous assignment you have performed for us. There will be no actual or implied contractual or employment relationship between us in between assignments, other than any specific ongoing obligations contained in this agreement.
7. The terms of each engagement are confidential between you and us and must not be disclosed to any other person, including the client and any other employees of Unique Living Options Recruitment.
8. You acknowledge that the length of each engagement is determined by the client and the client may vary the length of an engagement or terminate an engagement at their discretion. Therefore, notwithstanding anything set out above, if a client varies or terminates an engagement, Unique Living Options Recruitment has an absolute right to vary or terminate your engagement with Unique Living Options Recruitment in accordance with the requirements of the client without any requirement to give notice to you.
COVID-19 Vaccination requirements
9. Each engagement is conditional on you:
(a) meeting any client requirements in relation to COVID-19 vaccinations and providing us with satisfactory evidence that you meet those requirements; or
(b) you having a medical contraindication or medical condition that prevents you from meeting the client’s vaccination requirements.
10. Satisfactory evidence that you meet client vaccination requirements may include your immunisation history statement, a COVID-19 digital certificate, or any other evidence that we or the client require from time to time.
11. We may require you to provide satisfactory evidence that you meet client vaccination requirements at any time before or during an engagement and you agree to do so on request.
12. We may terminate your engagement without notice if at any time you:
(a) do not, or cease to, meet any client vaccination requirements;
(b) fail to provide us with satisfactory evidence that you meet client vaccination requirements on request by us.
13. You must advise us immediately if you do not, or cease to, meet any client vaccination requirements.
14. You consent to us providing the client with evidence of your vaccination status, which may include your immunisation history statement, COVID-19 digital certificate, or any other evidence that a client may require from time to time.
15. If you are not able to meet a client’s vaccination requirements because of a medical contraindication or medical condition:
(a) you must provide us with a medical certificate or acceptable medical contraindication form issued by a duly qualified medical practitioner that specifies the medical contraindication or medical condition that prevents you from becoming vaccinated; and
(b) you acknowledge and agree that the client’s vaccination requirements may be such that you are not able to commence or continue an engagement and that we may not place you in an engagement or terminate an engagement without notice if this occurs.
16. You will be paid the hourly rates of pay that are notified to you for each engagement. Your rates of pay may vary from engagement to engagement.
17. We will contribute the minimum compulsory superannuation amount into your nominated super fund.
18. Your wages will be paid electronically into your nominated bank account (after deduction of tax).
19. Your hourly rates of pay for each assignment includes a casual loading that is paid to compensate you for not having an entitlement to paid annual leave, paid personal/carer’s leave, paid compassionate leave, payment for absence on a public holiday, payment in lieu of notice of termination or redundancy pay. As a casual employee you will not be entitled to any of these benefits. The casual loading can be offset against any subsequent entitlement you may be found to have for any such benefits.
20. Your hourly rates of pay are inclusive of, and paid to you in satisfaction of, the following entitlements under the Nurses Award 2020 (Award):
(a) the minimum rates of pay in clause 15;
(b) the casual loading in clause 11.2.
(a) when you work an afternoon shift or night shift between Monday and Friday, your hourly rate of pay for those hours is inclusive of, and paid in satisfaction of, any applicable shiftwork loadings under clause 20.2 of the Award;
(b) when you work ordinary hours on weekends your hourly rate of pay for those hours is inclusive of, and paid in satisfaction of, any applicable penalty rates for Saturday and Sunday work under clause 21 of the Award;
(c) when you work on public holidays, your hourly rate of pay for those hours is inclusive of, and paid in satisfaction of, any applicable rates for working on public holidays in clause 28.2 of the Award.
22. In addition, to the extent that the amount that is payable to you in any pay period exceeds the minimum amount that is payable to you under the Award for that pay period in relation to the above entitlements, the excess amount will be applied in satisfaction of, or set off against:
(a) any applicable overtime rates that are payable under clause 19.2 of the Award;
(b) any applicable allowances that are payable under clause 17 of the Award.
23. To the extent that the amount payable to you in any pay period exceeds the total minimum amount that is payable to you under the Award for that pay period, we may apply the excess in satisfaction of or set it off against any other entitlements that may be payable to you under the Award or any legislation during that pay period.
24. The Award applies as a matter of law and does not form part of your employment contract.
25. For the purpose of calculating your entitlements under the Award, the minimum rates of pay in the Award will be used rather than the rates of pay under your employment contract.
26. You must comply with any directions we give you in relation to completion of timesheets.
27. You must complete all timesheets fully and accurately.
28. While employed by us, you are required to:
(a) act with integrity and be honest, faithful, dependable and ethical at all times;
(b) perform all duties and responsibilities assigned to you competently, diligently and to the best of your ability;
(c) devote the whole of your time and attention during ordinary business hours to carrying out your duties;
(d) comply with all lawful directions given to you by us or the client you are assigned to and perform all duties that may be assigned to you from time to time;
(e) be courteous, professional and reliable in all dealings with clients and suppliers, as well as our staff and management.
29. Your employment by us and each assignment is conditional on you being an Australian citizen or holding a current visa that permits you to carry out the work required under the assignment. If at any time you cease to hold valid work rights for any reason, we may immediately terminate the assignment and your employment.
30. Some engagements may require us to conduct background checks, such as police checks or reference checking. You consent to us conducting any background checks required by the client and will provide specific written consent if requested by us. Each engagement and your employment with us will be conditional on satisfactory completion of all required background checks.
31. You will need to familiarise yourself with and comply with all workplace policies that we or the client you are assigned to have in place from time to time. All workplace policies are for our benefit, do not form part of your contract of employment and do not place any contractual obligations on us. We can change or revoke our workplace policies at any time.
Health and safety
32. You must comply with all occupational health and safety laws and must take all steps necessary to ensure that your workplace is healthy and safe. This includes telling us about any actual or potential risks to health and safety that you become aware of, as well as any work-related injury or illness. You must also comply with any direction that we give you about health and safety.
33. We may require you to be examined by a medical practitioner of our choice, either before you start an engagement or during an engagement, for the purpose of determining your fitness for work. You consent to the medical practitioner providing a report to us in relation to your fitness for work. You will provide specific written consent if requested by us.
34. If we believe that you may have been involved in any improper conduct, we can suspend you while we or the client investigate the situation or undergo a disciplinary process. During this time we or the client can direct you not to attend work, not to perform work and not to have contact with employees, contractors, customers or suppliers. We or the client can also require you to assist with any investigation that takes place and you must do so fully and promptly.
Login details and passwords
35. You must keep secure and confidential all login details and passwords that you use or become aware of during any engagement. When each engagement ends, or when requested by us or the client, you must provide us or the client with all login details and passwords that you are aware of. You must not use or disclose any login details or passwords after an engagement ends.
Monitoring use of IT systems
36. We are required by law to tell you about the possibility of monitoring of our computer systems or our clients’ computer systems. From the commencement of your employment, we will carry out ongoing, intermittent monitoring of the use you make of our computer systems or our clients’ computer systems. This includes monitoring emails, internet access and files stored on your work computer or other devices. Monitoring is carried out by all means available to us or the client. This may include accessing your emails, your files, your work computer or other devices and records of internet usage by you (including sites and pages visited, downloaded, video and audio files accessed and data input).
37. There will be times when we need to collect and use information about you for the purposes of your employment or for business reasons. We may also need to share your information with other organisations, such as clients, the Australian Tax Office, your superannuation fund, insurers, medical or occupational practitioners, financial and legal advisors and related bodies corporate. You consent to us collecting, using and disclosing personal information and sensitive information about you for reasons relating to your employment or for our business requirements. The terms “personal information” and “sensitive Information” have the same meaning set out in the Privacy Act 1988 (Cth).
Use of listening and surveillance devices
38. We use listening and surveillance devices to record ingoing and outgoing telephone calls between us and our clients, prospective clients, candidates, employees, contractors, workers, suppliers and other parties. This includes calls that are made or received outside general business hours and that are attended by our representatives overseas. This surveillance is undertaken for training, performance and continuous improvement purposes. You acknowledge and consent to the use of these devices for this purpose. In accepting or making a telephone call to or from our agents or representatives, you impliedly consent to the use of such devices. If you do not consent to the recording of any conversation, you must inform our representative at the beginning of any telephone conversation.
39. You undertake to obtain the acknowledgements and consents set out in clause 38 from any person who may contact us on your behalf in advance.
Protecting our business
40. While you are employed by us you are required to:
(a) act in our best interests and the best interests of any client you are assigned to;
(b) protect and promote our interests, reputation, brand and business and those of any client you are assigned to;
(c) not do anything that may harm our interests, reputation, brand or business of the interests, reputation, brand or business of any client you are assigned to.
Protecting confidential information
41. Both during and after the term of this agreement, you must not directly or indirectly use, disclose, transmit, copy or remove any Confidential Information, except:
(a) in the proper performance of your duties and for our benefit or the benefit of any client you are assigned to;
(b) as required by law; or
(c) with our prior written consent.
42. “Confidential Information” means all information that you become aware of in the course of your employment that is not generally known in the public domain (unless it came into the public domain as a result of a breach of your obligations). This includes but is not limited to:
(a) information that would be of commercial value to any competitor of ours or of any client you are assigned to; (b) information that, if disclosed, could cause harm to our business or the business of any client you are assigned to; (c) information about our plans, strategies, goals or business opportunities or those of any client you are assigned to; (d) financial information, performance or profitability reports, budgets, price lists, margins, costings and marketing strategies; (e) information about any of our current or future products or services or those of any client you are assigned to; (f) information about clients or suppliers, including client databases and lists of clients or suppliers and their contact details or requirements; (g) information about our directors, employees, contractors or agents or those of any client you are assigned to, including wages or salary information; (h) documents and other records, whether electronic or otherwise, incorporating any of the information set out above.
Protecting intellectual property
43. You assign to us all existing and future Intellectual Property Rights in anything created or generated by you:
(a) in the course of or in connection with your employment with us; or
(b) using any of our property, computer systems, resources or Confidential Information or the property, computer systems, resources or Confidential Information of any client you are assigned to,
whether created or generated by you alone or with any other people and whether created or generated before or after this agreement was entered into (“Works”). “Works” includes any invention, discovery, idea, trade-secret, design, development, advertising slogan, concept, process, computer program, software, technique, improvement, method or related know-how.
44. In this agreement “Intellectual Property Rights” means all intellectual property rights around the world and includes all patents, design rights, trademarks, service marks and copyrights, and any application or right to apply for registration of an intellectual property right.
45. As far as you are lawfully able to, you waive all moral rights you have in respect of any Work. Moral rights include the right not to have a work subjected to derogatory treatment, the right of attribution of authorship of a work, the right not to have authorship of the work falsely attributed and any other similar right capable of protection. You consent to all acts or omissions by us, or persons authorised by us or our successors or assignees, which would otherwise infringe those moral rights.
Books and records
46. All documents, papers, books and records of any kind (whether in hard copy or electronic form) will remain our property or the property of any client you are assigned to (as applicable) and must be immediately returned if requested by us or the client.
Termination of assignments
47. If a notice period is specified in the terms of an engagement, either of us may terminate the engagement at any time by giving that period of notice. However, if the client asks us to cease providing your services to them for any reason, we may terminate the engagement in accordance with the request by the client without any requirement to provide you with notice.
Termination of your employment
48. We can also terminate your employment at any time and for any reason, without any requirement to give notice.
49. Notwithstanding the above, if legislation or an industrial instrument requires either of us to give a particular period of notice of termination, then that period of notice must be given.
50. We may also cease providing you with casual engagements at any time and for any reason.
51. If notice of termination of an assignment or your employment has been given by you or us, we can pay you in lieu of part or all of the notice period. The payment in lieu will be the amount of pay that you would have earned if your employment had continued during the period of notice for which a payment in lieu is made.
52. During any notice period we can stop providing you with work or require you to do different work to what you usually do. We can also require you not to attend work and not have contact with our employees or customers. We can also require you to assist with a proper hand over of your duties.
Termination without notice
53. We can terminate your employment without notice for any of the following reasons:
(a) you engage in serious misconduct;
(b) you wilfully neglect to carry out your duties under this agreement;
(c) you are grossly negligent or incompetent in the performance of your duties;
(d) you commit any serious or persistent breach of this agreement or any workplace policy of ours or of a client you are assigned to;
(e) you refuse or neglect to carry out a lawful direction given by us or a client you are assigned to;
(f) you engage in conduct that poses a risk to health or safety;
(g) you attend work under the influence of illicit drugs or alcohol;
(h) you engage in physical or verbal aggression, bullying, victimisation, harassment or discrimination;
(i) you are charged with a criminal offence or civil wrong that we consider adversely impacts your suitability for employment with us;
(j) at any time you do not hold any visa, work permit, license, registration or membership that is necessary for you to lawfully and properly perform your duties;
(k) any reason that would justify summary termination at common law.
Return of property and confidential information
54. When an assignment ends you must immediately return all documents, property, Works and Confidential Information of ours or the client you are assigned to that are in your possession or control. You must also irretrievably delete all electronic copies of documents or Confidential Information in your possession or control.
55. During an assignment with a client and for a period of 12 months from the date that the assignment ends for any reason, you must not become employed or engaged by the client and must not directly or indirectly provide services to the client other than through an engagement with Unique Living Options Recruitment.
56. You must immediately inform us if at any time a client that you are assigned to or were assigned to offers to employ or engage you in any way other than through Unique Living Options Recruitment.
Disputes about casual conversion
57. If there is a dispute about offers or requests for casual conversion under Division 4A of the Fair Work Act 2009 (Cth), the following dispute resolution procedure will apply:
(a) the employee must notify their supervisor in writing of the dispute, setting out details of the dispute and the outcome they are seeking;
(b) the employee and their supervisor will then discuss the matter to try to resolve the dispute;
(c) if the dispute is not resolved, the parties must then try to resolve the dispute through discussion between the employee and more senior levels of management, as appropriate.
58. You warrant that:
(a) all representations you have made to us in relation to your qualifications and experience are true and correct;
(b) you are not subject to any legal obligation that would prevent you from performing work for us;
(c) you have notified us of any illness, injury or medical condition that may be relevant to the performance of any engagement or which may put you or others at risk.
59. This agreement is the entire agreement between us in relation to your employment (together with the terms of each engagement). It supersedes any prior understanding or agreement between us, as well as any representation or warranty made or given, in relation to your employment. You warrant that you have not relied on any representations in entering into this contract other than what is set out in this agreement.
Changes to this agreement
60. This agreement can only be changed if we and you agree to change it in writing.
61. This agreement is governed by the laws of the State or territory that you are engaged to perform work in. We and you submit to the jurisdiction of the courts of that State or territory.
62. Please visit this site to view the Fair Work Information Statement:
Please visit this site to view the Casual Employee Information Statement:
64. You are required to comply with any additional provisions set out in the Schedule.
I look forward to welcoming and working with you.
Special conditions for COVID-19
You acknowledge that you will be required to work in an environment that carries a risk of transmission of COVID-19. This may include working in facilities with patients who have contracted COVID-19. Given this, you agree to comply strictly with the following requirements:
(a) you will take all steps necessary to prevent the spread of COVID-19 to yourself or others;
(b) you will comply with all policies and procedures of the client in relation to COVID-19;
(c) you will at all times wear all PPE provided by the client;
(d) you will follow all hygiene procedures required by the client, including handwashing and use of sanitiser;
(e) you will not attend work if you are unwell or have any symptoms of COVID-19;
(f) you will undergo COVID-19 testing and temperature testing as required by us or the client and consent to the results of all such testing being provided to us or the client;
(g) you will self-isolate as required by us, the client or government requirements (in which case we may vary or terminate your engagement);
(h) you will inform Unique Living Options Recruitment immediately if:
(i) you or others are put in an unsafe situation;
(ii) any policies and procedures in relation to COVID-19 have not been followed;
(iii) you are not provided with sufficient PPE equipment;
(iv) you are not provided with sufficient facilities or material to maintain required hygiene procedures;
(v) you are unwell or have any symptoms of COVID-19;
(vi) you or anyone you have been in contact with tests positive to COVID-19;
(vii) you are required to self-isolate by the client or government requirement.
P.O Box 62 CraigieburnVIC 3064
Email: email@example.comTel:+61414 309 995