Offer of labour hire employment with Your Nurse Australia
Your Nurse Australia provides labour hire services to its clients. We would like to offer you labour hire 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
As a labour hire worker you will be employed on an hourly basis when required by us.
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.
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.
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.
This agreement will apply to each engagement that you perform.
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 Your Nurse Australia.
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, Your Nurse Australia has an absolute right to vary or terminate your engagement with Your Nurse Australia in accordance with the requirements of the client without any requirement to give notice to you.
Remuneration
You will be paid the rate specified for each engagement. Your rate of pay may vary from engagement to engagement.
We will honour any statutory superannuation payment requirements and entitlements. Please complete the superannuation standard choice form and return it to us.
Your wages will be paid electronically into your nominated bank account (after deduction of tax).
Your hourly rate for each assignment includes a casual loading that is intended to compensate you for benefits such as annual leave, personal/carer’s leave and redundancy pay that casual employees are not entitled to under the National Employment Standards. At no time will you be entitled to receive such benefits. The casual loading can be used to offset against any subsequent entitlement you may be found to have for any such benefits.
To the extent that your hourly rate exceeds the minimum hourly rate payable to you under any award, Your Nurse Australia may apply the excess to and set it off against any other entitlements that may be payable to the Employee under the award.
Timesheets
You must comply with any directions we give you in relation to completion of timesheets.
You must complete all timesheets fully and accurately.
Your obligations
act with integrity and be honest, faithful, dependable and ethical at all times;
perform all duties and responsibilities assigned to you competently, diligently and to the best of your ability;
devote the whole of your time and attention during ordinary business hours to carrying out your duties;
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;
be courteous, professional and reliable in all dealings with clients and suppliers, as well as our staff and management.
Work rights
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.
Background checks
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.
Workplace policies
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
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.
Medical examinations
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.
Suspension
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
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
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).
Personal Information
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).
Protecting our business
act in our best interests and the best interests of any client you are assigned to;
protect and promote our interests, reputation, brand and business and those of any client you are assigned to;
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
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:
in the proper performance of your duties and for our benefit or the benefit of any client you are assigned to;
as required by law; or
with our prior written consent.
“
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:
information that would be of commercial value to any competitor of ours or of any client you are assigned to;
information that, if disclosed, could cause harm to our business or the business of any client you are assigned to;
information about our plans, strategies, goals or business opportunities or those of any client you are assigned to;
financial information, performance or profitability reports, budgets, price lists, margins, costings and marketing strategies;
information about any of our current or future products or services or those of any client you are assigned to;
information about clients or suppliers, including client databases and lists of clients or suppliers and their contact details or requirements;
information about our directors, employees, contractors or agents or those of any client you are assigned to, including wages or salary information;
documents and other records, whether electronic or otherwise, incorporating any of the information set out above.
Protecting intellectual property
in the course of or in connection with your employment with us; or
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.
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.
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
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
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.
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
We can also terminate your employment at any time and for any reason, without any requirement to give notice.
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.
We may also cease providing you with casual engagements at any time and for any reason.
Notice periods
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.
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
you engage in serious misconduct;
you wilfully neglect to carry out your duties under this agreement;
you are grossly negligent or incompetent in the performance of your duties;
you commit any serious or persistent breach of this agreement or any workplace policy of ours or of a client you are assigned to;
you refuse or neglect to carry out a lawful direction given by us or a client you are assigned to;
you engage in conduct that poses a risk to health or safety;
you attend work under the influence of illicit drugs or alcohol;
you engage in physical or verbal aggression, bullying, victimisation, harassment or discrimination;
you are charged with a criminal offence or civil wrong that we consider adversely impacts your suitability for employment with us;
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;
any reason that would justify summary termination at common law.
Return of property and confidential information
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.
Client protection
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 Your Nurse Australia.
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 Your Nurse Australia.
Warranties
You warrant that:
all representations you have made to us in relation to your qualifications and experience are true and correct;
you are not subject to any legal obligation that would prevent you from performing work for us;
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.
Entire agreement
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
Applicable law
Fair Work Information Statement
Special conditions
I look forward to welcoming and working with you.
Yours sincerely,
Eddie Blackman
Managing Director
Your Nurse Australia
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:
you will take all steps necessary to prevent the spread of COVID-19 to yourself or others;
you will comply with all policies and procedures of the client in relation to COVID-19;
you will at all times wear all PPE provided by the client;
you will follow all hygiene procedures required by the client, including handwashing and use of sanitiser;
you will not attend work if you are unwell or have any symptoms of COVID-19;
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;
you will self-isolate as required by us, the client or government requirements (in which case we may vary or terminate your engagement);
you will inform Your Nurse Australia immediately if:
you or others are put in an unsafe situation;
any policies and procedures in relation to COVID-19 have not been followed;
you are not provided with sufficient PPE equipment;
you are not provided with sufficient facilities or material to maintain required hygiene procedures;
you are unwell or have any symptoms of COVID-19;
you or anyone you have been in contact with tests positive to COVID-19;
you are required to self-isolate by the client or government requirement.