Terms & Conditions
The engagement of ONCALL Personnel & Management Services Pty Ltd ACN 144 585 116 (“ONCALL”) will be deemed to be acceptance of ONCALL’s Terms and Conditions of Labour Hire. All staff provided on Assignment to the Purchaser are under a Contract of Employment with ONCALL. Labour Fees charged by ONCALL to Purchaser include wages and all entitlements, taxes, Work Cover premiums and employment obligations applicable under the relevant Award. Rates also include Public Liability and Professional Indemnity Insurance.
The Purchaser must confirm with ONCALL, and not the assigned Employee, any requested changes, variations, alterations or repetitions to Services or Assignments. The Purchaser must sign the timesheet at the end of each day or shift, and in doing so acknowledges satisfactory performance of the Assignment as stated. Failing to sign does not prejudice ONCALL’s ability to charge for Services stated on the timesheet.
Whilst on Assignment the Employee will be under the Purchaser’s practical day to day control, supervision and direction. The Purchaser will provide and maintain a working environment that is safe and without risk to the health of the Employee, in accordance with all relevant occupational health and safety and environmental legislation, regulations, by-laws and standards.
The ONCALL Fee Schedule details applicable rates and minimum hours for Services and includes charge rates for labour and non-labour services. Cancellation of an Assignment will be subject to the following Fees:
- After 5 PM the day prior to shift commencement – Fee is 2 hours
- After Employee arrives or reports for duty at the site – Full Assignment booked
ONCALL will generate a GST compliant Invoice for Services which the Purchaser undertakes to pay within 14 days from the date of invoice. If the Purchaser defaults on payment of a Tax Invoice then ONCALL may, without prejudice to its rights:
- Charge the Purchaser interest on any sum overdue for payment, at the prevailing rate in the Penalty Interest Rates Act 1983 (Vic) plus 2%, until payment is received in full;
- Suspend or terminate the provision of Services to the Purchaser;
- Deem payable immediately, all Tax Invoices that were payable by the Purchaser at a future date;
- Charge the Purchaser for all costs and expenses including legal expensesincurred by ONCALL, recover payment for Services, or to enforce compliance with this Agreement;
The Purchaser recognises the significant costs ONCALL incurs to recruit and ensure ongoing professional development of ONCALL Employees. A placement fee of $5,000 will be charged if:
- The customer directly offers employment to an ONCALL Employee within 6 months of the most recent Assignment with the Purchaser
- The Purchaser refers information to another employer with a view for that employer offering employment to an ONCALL Employee, within 6 months of the most recent Assignment with the Purchaser
The Purchaser is responsible for and indemnifies ONCALL against and holds it harmless from any claims or liability arising in anyway whatsoever from any breach of an Assignment, the conduct of the Employee while providing Services, deliberate or negligent act or omission of the Purchaser, or breach of any statutory obligation by the Purchaser of the Employee. Neither ONCALL nor the Purchaser will be liable to each other for any indirect or consequential losses, loss of profit, revenue production or reputation or any special punitive or exemplary damages, except to the extent of any applicable legislation.