SSI Management Services - Employment Agreement
Days Available for Work
Position
Uniform Bond
You have paid a uniform bond of by on . The bond will be returned to you when you return the uniform clean, pressed and in good condition.
Admin Fee
$150 which will be deducted from your salary at the rate of $37.50 per week for 4 weeks.
If you cannot pay the Admin Fee upfront then the $150 Admin Fee will be deducted from your salary at the rate of $37.50 per week for 4 weeks
EXECUTED for and on behalf of SSI Management Services
(ABN 53 631 854 727) in accordance with
Section 127(1) of the Corporations Act 2001:
Signature of Director:
Signature of Secretary:
Date:
Terms
Introduction
A. The Company seeks to engage the Employee in the role specified in Item 1 of Schedule 1 for its operations.
B. The purpose of entering into this Agreement is to assist the Employee to complete the practical training component of their relevant course of study undertaken with a registered training organisation approved by the Company. The parties agree that the Agreement will end when the Employee ceases their course of study, unless otherwise agreed.
C. The parties have agreed to enter into this Agreement to record the terms and conditions on which the Employee will be engaged by the Company.
It is agreed
1. Interpretation
1.1 In this Agreement, unless otherwise indicated by the context:
(a) Act means the Fair Work Act 2009 (Cth);
(b) Affiliate means a related body corporate of the Company (within the meaning of the Corporations Act 2001 (Cth));
(c) Award means the award specified in Item 2 of Schedule 1;
(d) Business Day means a day that is not a Saturday, Sunday or public holiday in the State or Territory specified in Item 8 of Schedule 1;
(e) Commencement Date means the date specified in Item 3 of Schedule 1;
(f) Confidential Information means any information relating to the Company and its Affiliates, whether or not marked or designated as confidential, secret or otherwise, including but not limited to all trade secrets, business plans, financial information, accounting procedures, marketing procedures, current and prospective client information, staffing and technical information, plans, research, communications, records, ideas, concepts, know-how, products, intellectual property, information pertaining to business activities proposed or planned by the Company and its Affiliates and other information created by, provided or belonging to or developed by the Company and its Affiliates, or their directors, employees, officers, or clients, used or intended to be used in the Company’s or its Affiliates’ transactions or affairs, and includes any information provided by a Host;
(g) Employment means the employment of the Employee by the Company;
(h) Host means any organisation which the Company places the Employee in from time to time to perform the Role;
(i) Intellectual Property means:
(i) an invention, discovery, secret process, novel design, improvement or modification of any nature including any drawing, design, model, contrivance, structure, specification, improvement, discovery, creation, idea, concept, formula, process and other work or contribution however developed, created, made, discovered or conceived and whether or not:
(A) patented or patentable (whether by renewal or otherwise);
(B) registered or registrable as a design (whether by renewal or otherwise);
(C) protected by copyright;
(D) otherwise protected or capable of protection by law anywhere;
(ii) computer program material (including computer software, tables, charts, flow charts, algorithms, diagrams, plans, techniques, data, structures, logical ideas, concepts and processes);
(iii) copyright in any works (including literary works and art works); trademarks; and
(v) moral rights,made, written or developed by the Employee (alone or with others) in the course of their Employment (in or out of working hours), whether or not capable of statutory protection;
(j) Managers means the person or persons named in Item 4 of Schedule 1, or other individuals as named from time to time;
(k) Month means a calendar month;
(l) Role means the Employee’s Employment by the Company in the role specified in Item 1 of Schedule 1 and as set out in the position description in Schedule 2;
(m) Roster means the Employee’s schedule of work as described in its current form in Item 5 of Schedule 1 (which is subject to change at the discretion of the Company);
(n) Salary means all wages, penalty rates, allowances, and other benefits which the Employee is entitled to under the Award; and
(o) Visa means any visa issued by the Australian Government Department of Immigration and Border Patrol.
1.2 In this Agreement, unless otherwise indicated by the context:
(a) words importing the singular include the plural and vice versa;
(b) headings are for convenience only and do not affect interpretation of this Agreement;
(c) a reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Agreement;
(d) where any word or phrase is given a definite meaning in this Agreement, any part of speech or other grammatical form of that word or phrase has a corresponding meaning;
(e) an expression importing a natural person includes a body corporate, partnership, joint venture, association or other legal entity;
(f) a reference to a statute, statutory provision or regulation includes all amendments, consolidations or replacements thereof;
(g)a reference to a party to a document includes that party’s legal personal representatives, successors and permitted assigns;
(h) a covenant or agreement on the part of or for the benefit of two or more persons binds or benefits them jointly and severally;
(i) a reference to a body, whether statutory or not:
(i) which ceases to exist; or
(ii) whose powers or functions are transferred to another body,is a reference to the body which replaces it or which substantially succeeds to its powers or functions; and
(j) including and similar expressions are not words of limitation.
2. Appointment
The Employee will commence Employment with the Company in the Role on the Commencement Date on the terms and conditions contained within this Agreement.
3. Role
3.1 The Employee will perform the duties of the Role as described in Schedule 2 to this Agreement and other duties as directed by the Company from time to time.
3.2 The Employee will faithfully and diligently perform the Role and exercise the powers consistent with the Role or as may reasonably be assigned to them by the Company from time to time:
(a) in a proper and reasonable manner;
(b) with the standard of diligence and care normally exercised by a person bearing comparable qualifications and experience in the performance of a comparable Role; and
(c) in accordance with generally accepted practices and standards appropriate to the Role and industry within which the Company and its Affiliates operate.
4. Probation
4.1 The Employee’s Employment with the Company will be subject to a 6 Month probationary period.
4.2 During the probationary period, either the Company or the Employee may terminate this Agreement by giving 1 weeks’ notice to the other party.
4.3 The Company may elect to pay the Employee in lieu of notice if the Company terminates this Agreement in accordance with this clause 4.
5. Directions
5.1 the Employee must comply with:
(a) all lawful directions of the Managers;
(b) any reasonable time limits set for the performance of duties; and
(c) applicable procedural manuals and policies of the Company, including but not limited to any anti-discrimination, sexual harassment and occupational health and safety policies of the Company.
5.2 For the avoidance of doubt, while the Employee is expected to comply with all applicable manuals and policies of the Company, these do not form part of this Agreement and will not constitute any enforceable rights of the Employee.
6. Hours of work
6.1 The Employee is employed on the basis specified at Item 6 of Schedule.
6.2 The Employee is required to be flexible with regards to the work hours and is expected to work such hours as are necessary to facilitate the proper discharge of the Employee’s duties. If the Employee is required to work overtime, as described in the Award, the Employee will be paid the applicable penalty rates.
6.3 The Employee will perform the Role according to the Roster at Item 5 of Schedule 1.
6.4 The Roster is subject to change on 2 weeks’ notice from either party (other than in unforeseen circumstances or cases of emergency).
6.5 The Employee must take an unpaid break of at least 30 minutes during any shift longer than 5 hours. The break must be taken no later than 5 hours after commencing a shift.
6.6 The Employee agrees to devote all their time, attention and skills during work hours and at other times as may be reasonably necessary, to perform the duties required of the Role, unless prevented by ill health or accident.
7. Place of work
7.1 The main place of work for the Employee will be at the Host’s premises specified at Item 7 of Schedule 1. However, the Company may change the Host, and the location after consultation with the Employee.
7.2 The Employee may be required to travel to other places within Australia to carry out the Role.
8. Visa warranties
8.1 If the Employee is not an Australian citizen or resident, the Employee warrants that:
(a) they have the necessary Visa with attached working rights to legally work in Australia; and
(b) the working rights under their Visa allow the Employee to legally work in the Role for the hours specified under clause 6 above during the whole period of Employment.
9. Conflict of interest
The Employee will not, without the Company’s prior written consent provide a service or services to a third party for payment or other financial reward which is similar to the Role.
10. Salary
10.1 The Employee will be paid the Salary, less applicable withholding tax, according to entitlements provided under the Award.
10.2 On commencement of the Employment, the Employee will be classified as an Introductory level employee in accordance with Schedule D of the Award. The current hourly rate for an Introductory level employee is $18.29 (gross) per hour. Once the Employee has been employed for a period of three (3) months and has passed the probation period the Company will increase the Employee’s rate under the Award to Grade 2.
10.3 The Salary will be paid in arrears with payments being made directly into the Employee’s bank account.
10.4 The Company will also pay superannuation on behalf of the Employee to a complying superannuation fund in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth).
11. Public Holidays
The Employee may be required to work on public holidays. If so, the Employee will be given notice of this and paid public holiday rates according to the Award.
12. Confidential Information
12.1 During and after the Employment, the Employee may use or disclose Confidential Information only:
(a) to perform the Employee’s Role;
(b) if the Company has consented in writing; or
(c) if required by law.
12.2 Where the Employee is required by law to disclose Confidential Information, the Employee will inform the Company of the requirement as soon as possible and, where practical, prior to the disclosure being made to provide the Company with an opportunity to oppose disclosure of the Confidential Information.
12.3 The Employee may copy Confidential Information only to perform the Role.
12.4 The Employee must keep Confidential Information in a secure manner.
12.5 On demand by the Company and on the termination of this Agreement, the Employee must:
(a) deliver to the Company all Confidential Information in the Employee’s possession, custody or control; and
(b) delete all Confidential Information held electronically in any medium in the Employee’s possession, custody or control (in the case of computer software or other computer data, by erasing it from the media on which it is stored so that it cannot be recovered or in any way reconstructed or reconstituted) and certify in writing to the Company that the Confidential Information has been destroyed by way of a Statutory Declaration.
12.6 The Confidential Information and Statutory Declaration must be provided to the Company prior to the Employee receiving their final termination payment.
13. Intellectual Property
13.1 The Company owns any Intellectual Property.
13.2 The Employee assigns to the Company any interest the Employee has in the Intellectual Property. The assignment takes effect as each part of the Intellectual Property comes into existence.
13.3 The Employee must immediately disclose any Intellectual Property to the Company.
13.4 During and after Employment, the Company may alter any Intellectual Property.
13.5 On demand by the Company and on the termination of this Agreement, the Employee must:
(a) deliver to the Company all Intellectual Property in the Employee’s possession, custody or control; and
(b) delete all Intellectual Property held electronically in any medium in the Employee’s possession, custody or control (in the case of computer software or other computer data, by erasing it from the magnetic media on which it is stored so that it cannot be recovered or in any way reconstructed or reconstituted) and certify in writing to theCompany that the Intellectual Property has been destroyed by way of a Statutory Declaration.
13.6 The Intellectual Property and Statutory Declaration must be provided to the Company prior to the Employee receiving their final termination payment.
14. Termination
14.1 Notice
(a) The Company may terminate this Agreement without reason by giving the Employee written notice in accordance with the Act.
(b) The notice periods under the Act are:
Years of Service
Notice
Less than 1 year of service
1 week
More than 1 year of service but less than 3 years
2 weeks
More than 3 years of service but less than 5 years
3 weeks
More than 5 years of service
4 weeks
(c) The Company may also terminate the Employment immediately, or by a period of notice shorter than the relevant notice period under the Act, by making a payment to the Employee of an amount equal to the amount the Employee would have received if the Employee worked out the relevant notice period.
(d) The Employee may terminate this Agreement without reason by giving the Company 4 weeks’ notice in writing. The Company may elect to have the Employee serve some or all of the notice period (and to pay the Employee in lieu of that proportion of the notice period for which it is agreed that the Employee is not required to attend work).
14.2 Events giving rise to immediate termination
Notwithstanding clause 18.1 and for the avoidance of any doubt, the Company will be entitled to terminate the Employee’s Employment immediately without notice or payment in lieu of notice being required if any of the following events occur:
(a) if the Employee requires a Visa to legally work in Australia: expiration, cancellation, suspension, revocation, or any other event which nullifies the Employee’s right to work in Australia under their Visa, whether temporarily or permanently;
(b) serious misconduct;
(c) the Employee disobeys a lawful instruction of a Manager or other person authorised to provide such instruction clearly communicated to them;
(d) breaching any of clauses 5, 8, 14 and 15 of this Agreement;
(e) the Employee commits an act of dishonesty, fraud, assault or a material breach of confidentiality in the course of the Employee’s Employment or which, in the sole opinion of the Company, affects the Employee’s suitability for Employment with the Company;
(f) the Employee, in the sole opinion of the Company, seriously or persistently breaches this Agreement;
(g) the Employee becomes bankrupt;
(h) the Employee is charged with or convicted of a criminal offence punishable by imprisonment or a period of detention;
(i) the Employee is found to have consumed alcohol, an illegal substance or prescription medication to an extent that, in the sole opinion of the Company, impairs the ability of the Employee to perform the Role and their duties;
(j) where the Employee is considered, in the sole opinion of the Company, to be under the influence of alcohol, any illegal substance or prescription medications that were not prescribed to the Employee;
(k) where the Employee becomes incapacitated by illness or injury and is unable to perform the Employee’s Role for a period or periods in excess of 12 weeks in any 12 months during the term of this Agreement;
(l) where the Employee is of unsound mind or becomes liable to be dealt with under any law relating to mental health;
(m) where the Employee neglects their duties or demonstrates incompetence; or
(n) where the Employee breaches an obligation under this Agreement and fails to rectify that breach within 7 days after receiving written notice from the Company providing details of the breach.
14.3 Consequences of termination of Employment
(a) In addition to any other rights and obligations which may accrue to either the Company or the Employee upon termination of Employment for any reason, upon any notice of termination being given:
(i) the Company may require that the Employee not attend the workplace during part or all of the period of notice; and
(ii) if the Employee is required not to attend the workplace during part or all of any period of notice, the Employee must immediately return to the Company all property belonging to the Company or its Affiliates which is in the Employee’s possession, custody or control, including (without limitation) any Confidential Information and Intellectual Property belonging to the Company or any of its Affiliates in accordance with clauses 14 and 15.
(b) After the termination of the Employment, the Employee must not make any statements (whether orally or in writing) or do any acts which may cause any damage to the reputation of the Company or any officer of the Company or any Affiliates.
15. Legal advice
The Employee acknowledges that they have had the opportunity to seek legal advice regarding this Agreement, prior to executing this Agreement.
16. Amendment
This Agreement may only be amended in writing signed by the Company and the Employee.
17. Notices
17.1 A notice or other communication required or permitted to be given by one party to another must be in writing and:
(a) delivered personally;
(b) sent by pre-paid mail to the address of the addressee specified in this Agreement; or
(c) sent by e-mail to the e-mail address stipulated in this Agreement or such other e-mail address that is regularly used by the addressee to communicate by e-mail.
17.2 A notice or other communication is taken to have been given (unless otherwise proved) if mailed, on the second Business Day after posting; or if sent by e-mail before 5 pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt.
18. Whole agreement
In relation to the subject matter of this Agreement:
(a) this Agreement is the whole agreement between the parties; and
(b) this Agreement supersedes all oral and written communications by or on behalf of any of the parties.
19. No reliance on warranties and representations
19.1 In entering into this Agreement, the Employee:
(a) has not relied on any warranty or representation (whether oral or written) in relation to the subject matter of this Agreement made by any person; and
(b) has relied entirely on their own enquiries in relation to the subject matter of this Agreement.
19.2 This clause does not apply to warranties and representations that this Agreement expressly sets out.
20. Severance
If any part of this Agreement is invalid or unenforceable, this Agreement does not include it. The remainder of this Agreement continues in full force.
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