General Trading Terms and Conditions
1. Staff provided by Scorcher Services Pty Ltd are employees of Scorcher Services Pty Ltd and as such we cover all payroll related expenses including: Payroll Tax, Work Cover and Superannuation. Employees are engaged on a casual basis and the pay rates are above award wage. It is the responsibility of Scorcher Services Pty Ltd to issue and remit group certificates for all employees that are pay rolled by them.
2. Once the employee begins work they are under the supervision, control and management of the “client”. The client warrants that their workplace will comply with all workplace safety laws applicable to the State or Territory (“State”) in which the clients operate. The client also warrants that the workplace (including access to and egress from the workplace) is safe and without risks to health. The client will ensure that it undertakes all steps that are reasonably practical to ensure that they provide safe systems of work and provide and maintain plant and substances in a safe condition at the work place. The client also warrants that each employee is safely inducted into the workplace and that all potential hazards or risks are clearly identified, understood and control by the client and that the employee understands
all risks and hazard associated with their placement. The client will immediately advise Scorcher Services Pty Ltd in the event that it has failed or unable to comply with its obligations under workplace safety laws and agrees under no circumstances will an employee work in any situation that is unsafe or potential so. The client is also obliged to provide when requested by Scorcher Services Pty Ltd evidence that the client is complying with its obligations under workplace safety laws applicable to the state in which the client operates. The client immediately advise Scorcher Services Pty Ltd when a workplace incident occurs, causing injury or an incident that exposes the employee to an immediate risk to the employees health or safety (as prescribed in the relevant notification laws and regulations in the state that the client operates). In the event in that there is a work place incident, causing injury or exposing an employee to immediate risk to that employee’s health or safety, the client will allow a representative of Scorcher Services Pty Ltd the ability to enter the client’s workplace and conduct their own independent investigation into the workplace incident.
3. Scorcher Services Pty Ltd will invoice the client and pay its employee for the hours worked as indicated on the timesheet provided. It is the responsibility of the client to ensure that each time sheet is a true reflection of the hours worked by each employee and to ensure that each timesheet is signed and checked by an authorised person representing your company.
4. The client will elect which method of time sheet they prefer. Scorcher Services Pty Ltd temporary staff can provide their own individual timesheets or Scorcher Services Pty Ltd will email/ fax timesheets direct to the client. The latter will require the client to fax back completed timesheets within 24 hours of the conclusion of each event. In cases where the client does not provided authorised timesheets back to Scorcher Services Pty Ltd within 24 hours of the event, Scorcher Services Pty Ltd reserves the right to obtain hours worked from the temporary employee and charge the client accordingly.
5. The client undertakes that, within 12 months of the employee being signed to it by Scorcher Services Pty Ltd, it will not engage that employee for the purpose of providing, directly or indirectly, services in competition of Scorcher Services Pty Ltd, unless the client has obtained the prior written consent of Scorcher Services Pty Ltd. To “engage” includes to employee or enter into any other form of contract for services, whether with the worker directly with any company, entity or agency in which the agency is employed, engaged or interested. Scorcher Services Pty Ltd shall not unreasonably without its consent to the engagement of the employee by the client providing the client shall pay a transfer fee.
- The clients breach of any provision of this agreement; or
- The clients acts or omissions or that of the clients employees, agents,contractors or subcontractors including and without limitation to any act or omission that may contravene the provisions of any legislation.
6. Each employee other than a chef or a cook will be billed for a minimum of three (3) hours work, chefs/cooks will be billed for four (4) minimum. For bookings for up to 20 staff, cancelations must be made with at least four (4) hours notice prior to the beginning of a shift. If for whatever reason Scorcher Services Pty Ltd cannot contact the employees booked for a shift after it has been cancelled then it is the responsibility of the client to pay for the minimum hours that he/she would have worked.
- For bookings of between 20 – 150, the following cancelation arrangements will apply:
10% of the booking can be cancelled with 4 hours notice.
10% to 20% of the booking requires 12 hours notice.
50% of the booking being cancelled required 24 hours notice.
- For single booking of above a 150 staff confirm in writing or by email, 48 hours notice is required to alter the booking i.e. any alteration (such as uniform or time change) other than a reduction of number. In the event of cancelations of confirmed single bookings of 150 or more the following cancelation arrangements will apply:
100% cancellation of the booking require 7 days notice.
75% reduction in booking required 5 days notice.
50% reduction in booking numbers required 4 days notice.
Any reduction below 50% of the original booking requires 48 hours notice. For cancelations or alteration outside these parameters the client agrees to pay a additional fee being 15 minutes of the original hourly charge rate for each person within the booking effected.
7. Scorcher Services Pty Ltd will match skills to the brief provided by the client for each assignment. In case where the client is not satisfied with the temporary staff member’s skills then they must advise Scorcher Services Pty Ltd within 60 minutes of the shift start time, in the instance the staff can be withdrawn from the site at no charge to the client. Scorcher Services Pty Ltd reserves the right to dispute the clients claim if it can prove that the temporary staff provided does have skills matching the brief provided by the client.
8. The client undertakes that, within 12 months of the employee being signed to it by Scorcher Services Pty Ltd, it will not engage that employee for the purpose of providing, directly or indirectly, services in competition of Scorcher Services Pty Ltd, unless the client has obtained the prior written consent of Scorcher Services Pty Ltd. To “engage” includes to employee or enter into any other form of contract for services, whether with the worker directly with any company, entity or agency in which the agency is employed, engaged or interested. Scorcher Services Pty Ltd shall not unreasonably without its consent to the engagement of the employee by the client providing the client shall pay a transfer fee. The fee to be as follows:
- If the employee has worked less than 160 hours with the client within a 6 month period, the fee will be $3,300.00
- If the employee has worked between 160 and 320 hours with the client within a 6 month period, the fee will be $2,700.00
- If the employee has worked in excess of 320 hours with the client within a 6 month period, the fee will be $2,200.00
- These fees are inclusive of GST and no guarantee is applicable. In the event that the client requires a guarantee, the client agrees to the payment of a full placement fee being 11% of the annual salary package or a minimum of $2,200.00 (whichever is lesser).
- In the case where the client takes an employee introduced by Scorcher Services Pty Ltd without informing Scorcher Services Pty Ltd in writing, the client agrees to pay a minimum fee of $5,000.00
9. Payment is strictly fourteen (14) days from receipt of invoice.
- In the event that the client fails to pay the full amount within the agreed time, Scorcher Services Pty Ltd reserves the right and the client agrees to pay interest on the outstanding account at a rate of 10% per annum, calculated on the daily balances and compounded monthly for any amount that comes more than 45 days overdue from the date the invoice was issued. Interest will be payable after the initial seven (7) day period.
- Further if Scorcher Services Pty Ltd is required to take legal action to recover the money owning, the client agrees to pay any legal fees incurred by Scorcher Services Pty Ltd.
10. All hours worked by employees are Scorcher Services Pty Ltd will be billed in accordance with the provision of the relevant federal or state awards (including casual loading and all penalty rates) appropriate for the nature of the work being undertaken. It is the responsibility of Scorcher Services Pty Ltd to pay the correct pay rate and when pay rates within awards are increased, Scorcher Services Pty Ltd will provide advice in writing to the client of the new charge rate. In the event that the client has their own site specific enterprises agreement in place and employees paid under that agreement, the client agrees to advise Scorcher Services Pty Ltd in writing of any increase/ changes to pay rates, penalties or allowances. In the event that the client does not advised Scorcher Services Pty Ltd in writing, resulting in the necessity to back pay employees, the client agrees to pay the back dated charge rate resulting
from the pay increase.
11. All employees of Scorcher Services Pty Ltd must be given brakes in accordance with the award/ agreement. If the employee is required to work for five or six plus hours in a day, he/she must be given an unpaid meal break of no less than 30 minutes. The break must be given no earlier than one (1) hour after starting work and no later than six (6) hours after starting work. If the employee is not given a break in the correct time frames, the client will be charged and the employee paid the appropriate penalties in accordance with the relevant award/ agreements.
- The charge rates issued to clients are inclusive of the casual loading, additional penalty rates for Saturday, Sunday and Public Holidays may also apply. A loading with apply (whenever applicable) for work preformed between the hours of 7pm and midnight and/or work preformed between midnight and 7am.
12. Privacy. Scorcher Services Pty Ltd is bound by the national privacy principals of the Privacy Act 1988 and other applicable laws governing privacy. The client agrees that it will also abide by the national privacy principals in dealing with any person or information provided to it by Scorcher Services Pty Ltd and will abide by all other applicable laws governing privacy. The client will use any personal information provided to it by Scorcher Services Pty Ltd only for the purposes in which in the information was provided and on request immediately return or destroy that personal information.
