Cornerstone HR Pty Ltd
These Terms and Conditions of Business are between Cornerstone HR Pty Ltd (“Cornerstone HR ”or “the Company”) and the Client. These Terms of Business apply to the hire of labour by the Client from the Company and govern the Client’s relationship with Cornerstone HR.
Details and nature of assignment
- If the Client orders temporary staff for a particular task or service from Cornerstone HR, they are understood to have accepted these Terms and Conditions of Business.
- The Client will inform the Company of the number and type of temporary staff required and the term of each assignment prior to the commencement of each assignment. The Company will use all reasonable efforts to provide temporary staff with the appropriate skills to fulfill the labour requirements of the Client.
- The supply of temporary staff to the Client is dependent upon the successful completion of a risk assessment on all tasks to be undertaken by, and all plant/equipment to be used by, the Cornerstone HR temporary staff.
- Temporary staff remain the employees of the Company for the period of any assignment. At all times during the assignment, the temporary staff are under the direction, control and supervision of the Client. For the avoidance of doubt, Cornerstone HR is not responsible for the work performed by temporary staff assigned to the Client.
- Cornerstone HR may replace the assigned temporary staff from time to time with other staff that are suitably qualified. Cornerstone HR will endeavour to provide notice of such replacement where practicable.
- By placing an order, the Client accepts the Company’s current rate for the relevant service. The Client agrees to pay this fee for each hour or part thereof worked by each member of temporary staff supplied. An authorized Client representative will be required to validate Cornerstone HR temporary staff timesheets on a weekly basis. Validation indicates satisfaction with the work completed and accepts responsibility for payment under agreed terms.
- The minimum period of an assignment for every temporary staff member is four hours. If the Client should cancel an order with insufficient notice to prevent Cornerstone HR temporary staff from arriving on-site then the Client will be liable for a four hour service charge for each cancelled staff member.
- The Client must immediately notify the Company of any intention to change the duties or tasks to be carried out by Cornerstone HR temporary staff, prior to the staff commencing the changed duties, so that we can ensure that the selected Cornerstone HR temporary staff have the appropriate skills and training to perform those duties, and so that an appropriate risk assessment can be performed on the work site. The Company reserves the right to change the paid hourly rate of temporary staff to one appropriate to the nominated skill requirement and to adjust the charge rate proportionately.
- Unless otherwise agreed, Cornerstone HR will invoice the Client weekly after payment of the temporary staff wages. As invoices are for the payment of temporary staff wages, all invoices are payable within 7 days from date of invoice. In accordance with the relevant legislation, services provided shall carry a Goods and Services Tax (“GST”) at the prevailing rate.
- The hourly rates invoiced to the Client include temporary wages and all related on costs applicable under the relevant legislation (including, but not limited to sick pay, workers compensation, superannuation and training). All relevant award or agreement conditions will apply and any overtime or shift work will be invoiced by the Company under the relevant award or agreement.
- Cornerstone HR reserves the right to charge additional fees as detailed below:
- Late payment penalties may be applied on all overdue amounts at a rate of 15% per annum.
- A fee of $55.00 will be charged for any returned payments
- The Client should advise Cornerstone HR as soon as is practical if they are not satisfied with the work, performance of service, or behaviour of Cornerstone HR temporary staff.
- The Client should only communicate directly with Cornerstone HR temporary staff in relation to performance or behaviour issues if:
- it is life threatening or of another serious nature; and
- Cornerstone HR is notified immediately of the full details
- The Client agrees that only Cornerstone HR may direct Cornerstone HR temporary staff not to continue work, to be removed from the workplace or to have their employment terminated.
Industrial Relations / Wages
- Cornerstone HR will be responsible for paying the wages and other remuneration payable for all temporary staff including statutory employment costs such as payroll tax and superannuation.
- Cornerstone HR must comply with any legal requirements and the conditions of employment including Enterprise Agreements and AWAs.
- The Client must inform Cornerstone HR of any awards or agreements applicable to the site where temporary staff are to perform the assignment. Should there be any change in the nominated rates of pay applicable to Cornerstone HR temporary staff, the Client agrees to pay the amounts due to the Cornerstone HR temporary staff from the applicable date and the proportional change in margin due to the Company.
- The Client must not do anything that may cause the Company to be in breach of any employment conditions. Cornerstone HR will supply evidence of our statutory compliance (where it is available) within 7 days after receipt of a written request.
- The Company will not employ staff illegally and will pay according to industrial legislation and awards/agreements that apply to the services that Cornerstone HR supplies.
- The Company will not supply temporary staff to break picket lines.
- The Client will ensure that Cornerstone HR temporary staff are treated fairly, regardless of union affiliation.
- In the event of industrial action or a dispute that involves or affects Cornerstone HR temporary staff, the Client agrees to assist the Company and do all things reasonably required to resolve the industrial action or dispute. This includes allowing Cornerstone HR representatives’ access to our staff at the Client site and to Client staff where they may be relevant to the resolution of a dispute or a complaint.
- The Client must provide a working environment free from unlawful discrimination, harassment and bullying and consistent with equal employment opportunity principles.
Occupational Health and Safety
- The Client is responsible for providing a safe and healthy workplace and safe systems of work for all Cornerstone HR staff.
- The Client must comply with all applicable occupational, health, safety, environmental and associated legislation, regulations and Codes of Practice.
- Prior to any Cornerstone HR staff commencing work for the Client, the full history of all health and safety incidents and accidents and any other relevant OH&S material in relation to the Client business must be disclosed to Cornerstone HR . The Company will rely on that information in conducting a risk assessment of the workplace.
- The Client must provide a structured site and job safety induction for each Cornerstone HR staff member and must provide adequate instruction and training to each Cornerstone HR staff member.
- It is the responsibility of the Client to adequately supervise the Cornerstone HR staff at all times.
- The Client will notify Cornerstone HR immediately of any work related incidents, injuries or non conformance issues affecting Cornerstone HR staff and, where required by State or Territory Legislation, the relevant Authorities.
- The Client will assist in the rehabilitation of any Cornerstone HR staff member injured at the Client site(s) by the provision of suitable alternative duties.
- The Client agrees that Cornerstone HR may visit the Client workplace from time to time to review safety arrangements for our staff, or to investigate incidents and injuries, or to carry out Toolbox Meetings. The Client agrees to make any appropriate changes to help reduce the risk of accident in the workplace.
- The Client acknowledges that Cornerstone HR does not have control of the workplace and that the Company will rely on the Client to inform us of potential risks to the safety and welfare of our staff. The Client undertakes and agrees to notify the Company of potential risks affecting our staff, including any intended change of duties.
- Cornerstone HR will maintain the following insurance policies in relation to Cornerstone HR and its staff:
- Workers Compensation Insurance as required by law
- Public Liability Insurance for least $10 million
- The policies are subject to exclusions and deductibles and may not cover or be available to the Client in part or at all. The Client must not cause Cornerstone HR to be in breach of the conditions of any insurance through act or omission of the Client.
- The Client will hold and maintain public liability insurance for a sum of not less than $10 million. Any vehicle operated by Cornerstone HR temporary staff must include third party and comprehensive vehicle insurance.
Liabilities and Indemnities
- The Client is responsible for the care and supervision of all Cornerstone HR staff whilst on hire to the Client. Cornerstone HR is not liable for any loss or damage to any property (whether of the Client or another person) or for death or personal injury (to the Client’s personnel or another person) caused or contributed to by a Cornerstone HR staff member (whether by negligence or otherwise) whilst on hire to the Client. The Client releases Cornerstone HR from, and will indemnify Cornerstone HR against liability for, any such claims made against Cornerstone HR or its staff whether made by the Client or another person.
- Whilst Cornerstone HR will use all reasonable endeavours to meet the Client’s requirements and ensure the quality of its temporary staff, the Company is not liable for any loss or damage (including consequential loss or damage) if Cornerstone HR is unable to supply personnel required by the client at any time; or arising from any negligence, dishonesty, carelessness or lack of skill of any Cornerstone HR staff member.
- To the extent permitted by law, Cornerstone HR’s liability to the Client for damages in contract, tort, or under any Statute or Regulation for breach of contract, negligence, or breach of Statute or Regulation in the performance of, or incidental to, the supply of recruitment services shall be limited to the cost of the resupply of the services and shall not extend to consequential loss or damage or punitive or exemplary damages.
Employment of Cornerstone HR temporary staff
- Should the Client wish to employ a Cornerstone HR temporary staff member on a permanent basis, a placement fee must be determined with the Company prior to the offer of employment being made. A placement fee is payable in relation to all Cornerstone HR temporary staff currently working at the Client site, as well as those who have worked at the Client site in the preceding 6 months.
- The Client must not, without providing prior written notice to the Company, offer to retain any Cornerstone HR staff member, whether directly or indirectly, while that staff member is on hire to the Client.
- The placement fee will be dependent upon the period of labour hire of the Cornerstone HR staff member by the Client.
Upon the engagement of Cornerstone HR’s services, you are in acceptance of these terms and conditions.