We provide the following terms and conditions as the agreement between ‘’you’’ and ‘’us’’ SERVICES Labour Hire Is where ‘’you’’ the host employer (also known also as the client) engages our ‘’us’’ labour hire employee(s) on a casual basis. We pay all entitlements. Permanent Placements Permanent Placement is where ‘’you’’ the host employer (also known also as the client) engages our ‘’us’’ candidate(s) or employee(s) directly and pays us an agreed fee, as set out in our Labour Rates Schedule. You pay all entitlements.

TERMS AND CONDITIONS
Agreement
It is an agreement when you use our services and all terms are part of that agreement. The clauses set out in the “Terms and conditions,” constitute the basis of our relationship. All parties in agreement agree to uphold their obligations as stated in these Terms of Business and any Special Conditions within this agreement

Privacy
All business and personal information provided by APEX Labour is to be handled and stored in accordance with the provisions of the Privacy Act.

Entitlements
You are required to notify APEX Labour of any workplace agreement and or additional payments due to workers placed with you. APEX Labour will not be responsible for underpayments of workplace agreements and any charges, levies or costs will be at your expense when delivered to the client will take precedence over this agreement, all changes will be charged in line with your agreed fee structure, as set out in our Labour Rates Schedule.

PERMANENT PLACEMENTS
Pre-placement
You agree to complete the ‘’Assessment of host employer checklist’’ to ensure a detailed description of the job requirements and any required certificates, licenses and details of experience is provided to APEX Labour. APEX Labour will make every reasonable effort to verify that a worker holds the relevant competencies required by the client, but does not warrant their ability to carry out the specific tasks. It is your responsibility to ensure that the tasks are undertaken with due consideration and assessment of the skill level, competence and experience of our worker, supervising initially, or as required, until you have the confidence the worker is suitably qualified and experienced. Should the job requirements or tasks change at any time, the client must advise APEX Labour immediately. Apex Labour reserve the right to replace preplacement personnel that have not moved to permanent employment, from time to time at their sole discretion.

Permanent Placement
Once a worker is engaged in employment with you, the worker will then be a direct employee of you. APEX Labour will make every reasonable effort to ensure that the worker suit your requirements, but the final decision will remain with the client.

Replacement Guarantee
When you have engaged in a Permanent Placement with APEX Labour and you have paid the invoice within the payment terms, you will be provided with one replacement worker, at the earliest time possible, free of the permanent placement charge in the event of; A Permanent Placement being unsuitable for the job requirements within the 12-week guarantee period, provided that the Directors of APEX Labour share the same view or a permanent placement who does not stay the full 12-week guarantee period. This condition only subsists for 12 weeks from the date of the commencement of the permanent placement.

Permanent Placement fees
A Permanent Placement charge of 13% including GST will be invoiced to you for any Permanent Placement, based on the annual salary inclusive of superannuation contributions and any benefits for the worker permanently placed. In the event that the annual salary cannot be accurately established, the rate will be calculated at an average market annual salary.

LABOUR HIRE

Labour Hire Rates terms and conditions
Refer to “Rates terms and Conditions” referenced in Schedule 1: Schedule of Rates, for how Labour hire rates are calculated. 4-hour minimum assignment applies per day for each of our workers, unless a prior arrangement has been made, but must be no less than stated in the relevant Modern Award by Fair Work Australia. If an assignment is completed prior to the minimum hours being completed, the 4-hour pay, and charge will apply for all APEX Labour workers.

Unsuitability of worker
You must notify APEX Labour if a worker is deemed unsuitable for the assignment within the first 4 hours of the worker attending site for duties. Such notice must be by verbal communication to Apex Labour. In the event you cancel a labour hire booking within less than twenty-four (24) hours of the workers due commencement date then you will be responsible for the first four-hour minimum assignment fee. In the event you cancel a labour hire booking within more than twenty-four (24) hours bt less than forty-eight (48) hours of the workers due commencement date then you will be responsible for one-hour minimum booking fee.

LIABILITY & DAMAGES DISCLAIMER
You will be responsible for all acts, errors or omissions on behalf of any APEX Labour worker. APEX Labour will not be liable for any losses, damages, fires, thefts or any liabilities and expenses arising from an APEX Labour worker.

FEES AND CHARGES
You will provide time sheets on a weekly basis for all workers to APEX Labour. APEX Labour will issue Tax Invoice(s) containing clear details of the charges. If you do not provide time sheets for all workers within the required time period then we reserve the right to obtain this detail from, and rely upon the recollection of time spent provided by our workers for the purposes of issuing you invoices.

PAYMENT TERMS
Each invoice is payable in full without any deductions or retention of monies Invoices are delivered to you by your provided address you are responsible to ensure receipt at that address or email address. You have 14 days from the date of the invoice to challenge the charges upon any invoice after which time all invoices are final and payable. You are to make payment within 30 days from the date of the invoice. We reserve the right to suspend the provision of services and worker to you until you have paid the outstanding amount and interest. Any account that remains unpaid for more than 60 days will be charged 2% interest on the amount outstanding per month. You are responsible for all expenses (including debt collection commission) and legal costs (on a solicitor/client basis) incurred by us in the enforcement of your obligations and the recovery of monies due from you to us, under this agreement, by reason of claims or alleged claims against us.

WORK HEALTH AND SAFETY
It is your responsibility to ensure that you have a current public liability insurance in place at each site you place our workers at. You are required to provide a risk-free workplace in accordance with Work Health and Safety laws and legislation. You must provide a site-specific induction to all workers. You must ensure workers are inducted into the safe work method statement.

ou must ensure the Safework method statement is suitable for the work task. You are required to enforce the safe work method statement. You must provide all APEX Labour workers with all the PPE (Personal Protective Equipment) required for any work task. You ensure first aid and emergency preparedness of your workplace. You must notify APEX Labour of any accidents/incidents or any other matters relating to the wellbeing of any worker immediately and provide any reports or records to support the incident. It is your responsibility to contact SafeWork and report all notifiable incidents immediately. TRAVEL If an APEX Labour worker is required to travel the normal pay and charges will apply for the time of travel.

PERSONAL PROTECTION EQUIPMENT (PPE)
It is the client responsibility to ensure that all PPE (Personal Protective Equipment) is worn and replacements provided to APEX Labour workers.

ENTIRE AGREEMENT
From time to time, we may implement additional terms and conditions applicable to specific areas or services of APEX Labour or to particular content or transactions. These Terms and Conditions, the other documents referenced in these Terms and conditions, and such additional terms and conditions constitute the entire agreement between us and you regarding APEX Labour and its content and services. They supersede and replace all prior agreements between you and us regarding the same subject matter.

NOTICES
You consent to the use of electronic means to complete these Terms and Conditions and electronic records to store information related to these Terms of Use or your use of APEX Labour. Except as otherwise stated in these Terms and Conditions, any notices pursuant to these Terms and Conditions will be in writing and given by us via email (in each case to the address that you provide).

GENERAL
Our failure to enforce any right will not constitute a waiver of future enforcement of that right. The waiver of any such right will be effective only if in writing and signed by our duly authorized representative. Except as expressly stated in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise. If a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect. The parties have agreed that these Terms and Conditions and all documents relating thereto will be drawn up in English