Subject to sub-clauses 1.2 and 1.3, the provisions of this document take effect and are enforceable as contractual terms upon your acceptance of them, which may be communicated by signing and delivering to us a copy; proceeding to use our services; checking the box at the end of this agreement; or by telling us that you accept them or by providing information on which to place you as a candidate.
Nothing contained in this document shall operate to create any enforceable obligation or estoppel at law or in equity, or to confer any benefit or advantage on us in relation to our carrying on of business as an Employment Agent or Private Employment Agent:
in the Australian Capital Territory or the State of Queensland;
in the State of South Australia by virtue only of the fact that:
except to the extent to which this document operates as a lawful consent or permission given by you in writing for the purposes of:
or otherwise as may be permitted by law.
Nothing contained in this document shall operate to create any relationship of:
To the extent to which this document operates as a lawful consent or permission for the purposes of any law relating to privacy protection or the protection of personal or confidential information, it is to be read together with:
This document is to be read together with and subject to any statutory or regulatory disclosure that we may be required to provide to you by any law that applies to our carrying on business as an employment service provider.
Example: Fair Trading Act 1987 (NSW) s.60R and Fair Trading Regulation 2007 (NSW reg. 101).
The provisions of this document supersede any prior agreements between the parties or representations made by either party with respect to its subject matter.
In this document:
“employer” includes a person who provides or who may wish to provide a position other than under a contract of service;
“our active register” means the register of people currently looking for work through us;
“our inactive register” means the register of people who have previously been on our active register and who have indicated that upon being removed from our active register we may place them on our inactive register of people who might be interested in receiving information from us in relation to positions that may become available;
“personal information” means any information, or an opinion (whether true or not), about you and may range from the sensitive (e.g. your medical history or condition) to the everyday (e.g. your address and telephone number). It would include the opinions of others about your work performance, or work experience and qualifications, aptitude test results, and any other relevant information obtained by us in connection with your possible work placement;
“preferred location” means the location you have indicated as being that within which you would prefer to work and includes a nearby area;
“preferred work” means work of the type you have indicated and includes work of a similar nature;
“the parties” means you and us;
“us”, “our”, “ourselves” or “we” refers to the employment service provider and any related entity named, on whose behalf we have authority to act;
“you” or “your” refers to the registrant named.
In this document:
After you have signed one of our registration forms and requested that we assist you to find work we will place you on our active register.
We will keep you on our active register unless:
in which case we may remove you from our active register.
Whilst you remain on our active register we will facilitate the relationship between potential employers and employees. We will not be responsible for connecting potential employers and employees, and all communication is to be initiated by you.
If we remove you from our active register, we may place you on our inactive register.
We may remove you from our inactive register when we no longer require your personal information for any purpose for which it may lawfully be used or disclosed.
Inclusion in or removal from our active register or inactive register does not affect any statutory obligation we may have to collect and maintain certain information on any statutory register that we may be obliged to keep.
Upon signing up, you will be added to our mailing list, and may receive notification of new advertisements relating to jobs and confirmation emails.
We make no representation that:
Our liability for any breach of a term implied into any contract for the supply of services by us to you by any Act of Parliament will be limited, at our option, to providing, or paying the costs of providing, the services again.
We may provide a service to our clients and potential clients in connection with our presentation of you to them and be paid a fee by them for doing so. The duties that we owe to our clients and potential clients may bear upon the manner in which we may present you to them, such that there may be occasions when we cannot present you as you would wish. On those occasions, we will explain the situation to you so far as we are reasonably able and will indicate to you what options we consider that you may have.
References that we obtain from third parties are sometimes given to us or may only be obtained on condition that we observe certain restrictions on their subsequent use or disclosure in order to preserve confidentiality. This may mean that we may not always be able to permit you access to comments made by your referees. On those occasions, we will explain the situation to you so far as we are reasonably able and will indicate to you what options we consider that you may have.
You represent that to the best of your knowledge, information and belief:
you possess the skills, experience and qualifications described in any resume provided to us, interview conducted with us, or forms which you complete, in connection with your registration;
you are lawfully entitled to work in Australia;
your level of health and fitness is suitable for the performance of the inherent requirements of your preferred work so far as we have made those requirements known to you or so far as they may be the subject of common knowledge;
You are required to disclose the following:
Whilst you remain on our active register you will:
ensure that any registration, license, practicing certificate or accreditation; insurance; security clearance, work permit, or vaccination that is necessary to enable you to perform your preferred work is current, is renewed regularly, and that evidence of currency is provided to us.
keep us advised of any changes to the details on the forms you complete in connection with your registration or contained in any resume you have provided to us.
be responsible for informing us in writing of any matters necessary to ensure that the information that we may use or disclose about you in connection with our attempts to assist you to find work is accurate, current, complete, relevant and not misleading, including changes in:
Any change will only be effective from the date of receipt of notice of them;
make every reasonable effort to ensure that you remain available to accept an offer of an interview or placement in that period;
You acknowledge that in order to connect you with potential employers, we will need to collect, use and disclose personal information about you to create your profile. The information provided by you is at your discretion, and your profile will be available to potential employers and advertisers.
You agree that you will not hold us, our directors, officers, employees, or consultants, or any third party (including a referee, former employer, client or potential client) liable for any detriment that you might suffer from the collection, use or disclosure of your personal information in connection with our attempts to assist you to find work.
Your acknowledgments and agreements about the collection, use or disclosure of personal information, however do not apply:
You authorise us to communicate the details of your acknowledgments and agreements about the collection, use or disclosure of your personal information to any third party to whom they may relate, acknowledging that we, our consultants, and such third parties might rely upon those acknowledgments and agreements (whether to their benefit or detriment) and are entitled to act upon them.
If any dispute between the parties arises about the terms of this agreement or its effect the parties will firstly try to resolve the dispute by negotiation, mediation or expert appraisal. If, after a reasonable time, the dispute has not been resolved, the parties will refer the dispute to a process of dispute resolution agreed between them and, failing agreement, to a process of commercial arbitration by a person nominated by the CEO for the time being of RCSA.
Nothing contained in clause 6 excludes the jurisdiction of any court or statutory tribunal with jurisdiction to mediate, conciliate, hear or determine any dispute; or replaces any right you may have to make a complaint to any government department (e.g. Office of Fair Trading or Consumer Affairs Department) regarding any service we supply to you.
If any of these terms is held to be invalid in any way, or unenforceable, it will be severed, and the remaining terms will not be affected or impaired; but will be construed so as to most nearly give effect to the intent of the parties at the time it was originally executed.
If we do not take action to enforce or require strict compliance with your obligations and responsibilities under these terms, or if we grant you any extension or indulgence in the performance of your obligations, we may still exercise all our rights as though they were fully available to us.
These terms of this document are governed by and will take effect in accordance with the laws in force in NSW, Australia