ONBOARDING FORM

On-Hire Casual Employment Agreement

1. 1.

   Background

1. 1.1
   In its labour hire businesses, Spectra employs casual employees for on-hire to Clients to fill such work Assignments as its Clients require from time to time according to their operational requirements.
2. 1.2
   Spectra and the Employee have agreed that on each and every occasion that a Client offers the Employee employment and the Employee accepts it, the terms and conditions in this Agreement shall apply to the employment.

1. 2.

   Definitions

1. 2.1
   In this Agreement the following definitions apply to defined terms unless otherwise stated:
   Act means the Fair Work Act 2009.
   Agreement means this contract of employment.
   Assignment means the project or the services to be performed for a Client as identified in an SAC.
   Client means a client of Spectra with whom Spectra has an agreement to provide on-hired employees and to whom the Employee may be assigned to work from time to time.
   Confidential Information means any information provided by a Party or any of its representatives to another Party or any of its representatives, or otherwise obtained by a Party, whether obtained before or after execution of this document, in connection with this document in any way, and includes any information relating to the business of any Client. It includes, but is not limited to, the following:

1. (a)
   all confidential business information, documents, records, financial information, reports, product specifications, processes, technical information, trade secrets, unpublished patent applications, and forecasts which relate to a Party or its related entities (including of the Client).
2. (b)
   all Intellectual Property Rights of a Party or its related entities (including of any Client).
3. (c)
   the terms and conditions of this Agreement.

1. Confidential Information does not include the following:

4. (d)
   Information which is in or becomes part of the public domain, other than through a breach of this Agreement or an obligation of confidence owed to a party or any representative of the Party.
5. (e)
   Information which a Party can prove by contemporaneous written documentation was independently acquired or developed without breaching any of that Party’s obligations set out in this document.

1. Employee means the employee of Spectra named in Schedule A.
   Intellectual Property Rights means copyrights (including all neighbouring rights), patents, designs, trade marks and similar industrial, commercial and intellectual property (anywhere in the world and including any relevant applications), the right to keep Confidential Information confidential and also includes the right to register any of the Intellectual Property Rights.
   New Intellectual Property means any works, subject matter other than works, inventions, designs, confidential information and trade secrets resulting from or arising out of an Assignment or otherwise as a result of the provision by Spectra of services to the Client.
   Spectra means Spectra Recruitment Pty Ltd ACN 645 093 410.
   NES means National Employment Standards.
   Workplace Instrument has the same meaning as given in the Act.
   Workplace Law has the same meaning as given in the Act.
   Parties means Spectra and the Employee, each a “Party”.
   Regulations means the Fair Work Regulations 2009 (Cth).
   SAC means a Summary of Assignment Conditions agreed between Spectra and a Client.

1. 3.

   Duration and scope of the agreement

1. 3.1
   This Agreement shall commence when the Employee commences work for Spectra on Assignment with a Client. The Employee will be deemed to have accepted the terms of this Agreement, regardless of whether the Employee has signed it, if the Employee accepts an Assignment with a Client after having received a copy of this Agreement.
2. 3.2
   This Agreement shall apply to all work performed by the Employee on Assignment with a Client.
3. 3.3
   This Agreement and any SAC issued to the Employee from time to time in relation to an Assignment with a Client shall form the terms and conditions of the Employee’s employment.
4. 3.4
   This Agreement shall be read in conjunction with any Workplace Law that applies to the employment of the Employee however such Workplace Law shall not form a part of or be read in to this Agreement in any way whatsoever. Where there is any inconsistency between this Agreement and any Workplace Law the Workplace Law shall apply to the extent of the inconsistency. For the avoidance of doubt, Workplace Instrument shall include any individual flexibility arrangement made in accordance with a modern award or enterprise agreement.
5. 3.5
   If the provisions of any Workplace Law apply to any employment entered into in accordance with this Agreement, then so far as is permissible at law, they are not to be implied or imported into this Agreement or any other contract of employment entered into in accordance with this Agreement, but apply to such employment separately and of their own force.
6. 3.6
   If the provisions of any Workplace Law or Workplace Instrument requires the payment or grant to the Employee of any amount by or of wages, penalties, allowances, benefits, contributions, or any other entitlement whatsoever, whether financial or non-financial in nature, the same will, to the maximum extent permitted by law, be absorbed in and set off against the remuneration in this Agreement and the rates, entitlements and benefits set out in the job description and SAC that applies under this Agreement.

1. 4.

   Employment status and engagement

1. 4.1
   The Employee is employed as a casual on-hired employee, which means that:

1. (a)
   the Employee is employed as a casual employee of Spectra;
2. (b)
   the Employee receives a casual loading as specified in the SAC, in lieu of paid leave and other entitlements associated with permanent employment;
3. (c)
   this Agreement governs the terms and conditions of employment for every Assignment performed by the Employee for Spectra;
4. (d)
   termination of an Assignment by Spectra does not of itself constitute termination of employment;
5. (e)
   Spectra may direct where and how the Employee shall perform work on any particular Assignment;
6. (f)
   Spectra may change or terminate Assignments of the Employee without reason and the Employee has no right to ongoing employment on any particular Assignment. Breaks in employment can and will occur.

1. 4.2
   There is no obligation upon Spectra to offer future or ongoing Assignments to the Employee. Employment may be irregular and not systematic.
2. 4.3
   There is no obligation upon Spectra to offer the same or similar terms and conditions of Assignment when commencing a new Assignment, or a new Assignment position within an existing Assignment.
3. 4.4
   An SAC may be provided to the Employee in writing or verbally.
4. 4.5
   Spectra retains ultimate control of the Employee in relation to the performance of work on Assignment or otherwise.
5. 4.6
   The Employee shall receive and comply with day-to-day instructions issued by Spectra and/or by authorised representatives of the Client so as to facilitate the performance of the contract for services between Spectra and any Client.
6. 4.7
   The employment relationship is and remains between the Parties to this Agreement and no employment relationship exists or shall be created between the Employee and any Client to whom the Employee may be assigned to perform work.
7. 4.8
   Any right, entitlement or benefit or privilege that accrues in respect of service will accrue in accordance with the relevant law that governs that service.
8. 4.9
   The Employee understands that the first (4) hours of any new Assignment is a trial period for the Client’s assessment and, should the Employee not meet the Client’s requirement within such period, the Assignment may be terminated with the payment of a minimum of 4 hours pay or actual hours worked.
9. 4.10
   Any SAC provided to the Employee shall stand alone and shall not be imported or read into this Agreement in any way whatsoever.

1. 5.

   Termination of employment

1. 5.1
   Each Assignment is at all times subject to Client requirments. Spectra may instruct the Employee to cease attending an Assignment at any time.
2. 5.2
   Either Party may terminate this Agreement at any time by providing 7 days written notice.
3. 5.3
   Nothing in this Agreement shall affect the right of Spectra to dismiss an Employee without notice where the Employee is guilty of serious misconduct. For the purposes of this clause, serious misconduct includes:

1. (a)
   willful or deliberate behaviour by an Employee that is inconsistent with the continuation of employment, including:

1. (i)
   theft;
2. (ii)
   fraud (including falsifying time records);
3. (iii)
   assault – whether physical or verbal;
4. (iv)
   attendance at any workplace under the effects of prohibited drugs or alcohol;
5. (v)
   the Employee refusing to carry out Spectra’s or the Client’s lawful and reasonable instruction;
6. (vi)
   the Employee not complying with the policies & procedures of Spectra or Client; or
7. (vii)
   inappropriate use of and/or downloading/distributing unlawful material from the internet while on Assignment;

1. (b)
   conduct that causes imminent and serious risk to:

1. (i)
   the health, or safety, of any person, including the Employee; or
2. (ii)
   the reputation, viability or profitability of Spectra’s business.
3. (iii)
   Providing information to Spectra that is not true and correct, including during the recruitment process

1. (c)
   Upon termination of employment, the Employee shall immediately return all the following which are in the Employee’s possession as a consequence of that employment: all documents, publications and manuals (whether in hard copy or soft copy, and whether originals or copies), and all corporate uniforms and other property.
2. (d)
   Spectra shall provide clear and precise Covid, Health and Safety, Cultural Diversity, Drug and Alcohol and Return to Work policies. Failure to follow these policies will result in a written warning and may also result in the termination of the Assignment. If a written warning is issued and not adhered to, immediate termination will follow.

1. 6.

   Assignments

1. 6.1
   Although the Employee has the right to accept or refuse an Assignment, once an Assignment is accepted the Employee agrees to complete the entire Assignment subject to the rights of Spectra and Employee to terminate any Assignment.
2. 6.2
   Except when the Employee is absent on authorised unpaid leave, the Employee will attend their designated place of work during the hours agreed in the SAC.
3. 6.3
   On each day or shift for when the Employee is employed on an Assignment they agree to:

1. (a)
   report to work punctually and, subject to agreed rest and meal breaks, remain at work until the end of the agreed hours or shift;
2. (b)
   perform such duties as are reasonably associated with the Employee’s position and other duties which the Employee is capable of performing, as required and authorised from time to time (subject always to clause 13.4;
3. (c)
   work to the best of the Employee’s ability and devote all necessary time, attention and skill to the performance of their duties;
4. (d)
   follow lawful and reasonable directions given by Spectra or an authorized representative of the Client;
5. (e)
   promote the interests of Spectra and at all times strive to be a good ambassador for Spectra;
6. (f)
   comply with all applicable laws and policies and procedures;
7. (g)
   attend for work suitably attired, and wear or use all personal, protective equipment as required; and
8. (h)
   attend and participate in all inductions, training, performance appraisals, meetings and the like as may be required.

1. 7.

   Hours of work

1. 7.1
   The Employee’s ordinary hours of work are defined under the relevant modern award that applies to the Assignment.
2. 7.2
   Spectra will advise the Employee of rostered hours of work for each Assignment in the SAC. The Employee acknowledges that such hours may change depending upon the Client’s operational requirements from time to time. The spread of any hours offered may be at any time and on any day of the week.
3. 7.3
   Additional hours of work are all hours worked outside the Employee’s ordinary hours in accordance with Clause 7.1. Spectra may require an Employee to work reasonable additional hours in accordance with Workplace Law.
4. 7.4
   All additional hours shall be paid at the Employee’s applicable ordinary hourly rate provided in clause 8 of this Agreement unless otherwise agreed in advance and in writing or as required by a Workplace Instrument applying to Spectra. Nothing in this Agreement imports the terms of a Workplace Instrument into this Agreement.
5. 7.5
   All overtime hours must be authorized by the Client before the commencement of overtime.
6. 7.6
   Hours of work clearly set out on the SAC given at the acceptance of the Assignment must be followed at all times.

1. 8.

   Remuneration

1. 8.1
   When performing work on Assignment for a Client, the Employee shall receive an agreed hourly rate of pay which will be at least the minimum hourly casual rate in the applicable modern award or enterprise agreement. Spectra will ensure that its payments to the Employee for time worked meet the minimum requirements of Workplace Law’s and Workplace Instrument’s, including any penalty rates, allowances and overtime rates.
2. 8.2
   The Employee shall be advised verbally and/or in writing of the applicable hourly rate of pay for the work being performed and this shall occur prior to the commencement of work on any particular Assignment.
3. 8.3
   The hourly rate of pay shall be inclusive of casual loading in accordance with the Workplace Law which covers: annual / holiday & personal / carer’s leave, bereavement leave and redundancy pay which is for lack of notice should employment cease. The Employee is also covered for worker’s compensation.
4. 8.4
   The payment of a rate of pay on any particular Assignment shall not provide the Employee with any right to continuing payment of such rate of pay on other or alternative Assignments.
5. 8.5
   Unless otherwise agreed in writing by Spectra, or required by a Workplace Law or Workplace Instrument, the rate of pay provided for in clause 8 of this Agreement shall be payable for all hours worked. Nothing in this agreement shall import the terms of any Workplace Law or Workplace Instrument in to this Agreement.
6. 8.6
   If the Employee’s employment is deemed or found to be other than on a casual basis, Spectra may set off against all amounts or entitlements owing to the Employee as a result of such deeming or finding, the difference between the amount(s) paid to the Employee based on the Employee’s hourly rate together with any casual loading and the amount(s) that would have been payable to the Employee had the Employee been paid at the minimum hourly rate required by law.

1. 9.

   Superannuation

1. 9.1
   Spectra will make superannuation payments on behalf of the Employee in accordance with the Superannuation Guarantee (Administration) Act 1992.
2. 9.2
   All contributions will be remitted to the complying fund nominated by the Employee, and of which the Employee advises Spectra, prior to signing the Agreement. If no such fund is nominated by the Employee, then such contributions will be remitted into a complying fund nominated by Spectra.
3. 9.3
   The amount of all such superannuation contributions will form part of your remuneration

1. 10.

   Leave

1. 10.1
   The Employee will only be entitled to unpaid carer’s leave, unpaid family and domestic violence leave, unpaid community service leave, unpaid parental leave in accordance with the NES.
2. 10.2
   The Employee shall be entitled to long service leave, where applicable, in accordance with the NES.

1. 11.

   Public holidays

1. 11.1
   The Employee is entitled to public holidays in accordance with the NES.
2. 11.2
   The Employee may be required to perform work on public holidays from time to time in accordance with the NES. An Employee is entitled to be absent from work on a public holiday provided the absence meets the requirements of section 114 of the Act.
3. 11.3
   The Employee is only entitled to payment for time actually worked on a public holiday.
4. 11.4
   All hours worked on a public holiday in clause 11 of this Agreement shall be paid at the Employee’s applicable ordinary hourly rate provided in clause 8 of this Agreement unless otherwise agreed in advance and in writing or as required by a Workplace Instrument. Nothing in this Agreement imports the terms of a Workplace Instrument in to this Agreement.

1. 12.

   Suitability for employment, references and privacy

1. 12.1
   The Employee warrants that all information provided to Spectra and any of its officers, employees or agents in the recruitment process is true and correct.
2. 12.2
   The Employee authorises Spectra to conduct such checks as it considered necessary or desirable regarding employment history, general character, qualifications and licences, and agrees to do all things necessary to facilitate any such check.
3. 12.3
   If it is a condition of a Client that the Employee obtain or provide any police or other clearance before or while working on an Assignment, the Employee will ensure that they do all things necessary to obtain and provide such clearance.
4. 12.4
   The Employee warrants they are an Australian resident and/or hold a visa permitting them to work in Australia and will provide Spectra with all necessary documentation required for verification including by appropriate government agencies.
5. 12.5
   Provided that it is directly or indirectly related to the Employee’s employment, or potential employment, the Employee consents to Spectra disclosing any personal information collected by Spectra relating to the Employee (including any test or assessment result) to its clients and other third parties provided that reasonable care is taken to ensure that such information is reliable and is transmitted accurately to the client or third parties.

1. 13.

   Workplace Health and Safety (WHS)

1. 13.1
   The Employee must advise the Client and Spectra immediately should any work-related incident/accident occur. The Employee must carefully read all WHS information supplied by Spectra.
2. 13.2
   The Employee must use their best endeavours to comply with the requirements of the relevant WHS legislation in the State or Territory in which the Employee is working. This includes obeying lawful instructions and complying with lawful rules, processes and procedures of Spectra and Client.
3. 13.3
   The Employee must advise Spectra of any change in their capacity, physical or psychological, to work safely and without risk to health, including but not limited to any injury, illness or medication (prescribed or otherwise) they are taking.
4. 13.4
   The Employee must notify Spectra if a Client requests or directs the Employee to perform duties that are outside of the SAC provided by Spectra. The Employee must not commence any such new duties prior to obtaining authority from a representative of Spectra.
5. 13.5
   Spectra may, at its discretion, direct the Employee to complete a medical assessment prior to the commencement of a new Assignment or in the course of an existing Assignment where it is reasonably required to determine the capacity of the Employee to perform work on Assignment safely and without risk to health.
6. 13.6
   Prior to the commencement of any Assignment, the Employee must complete the candidate registration form, Spectra’s Induction and all WHS forms provided on registration. No Assignments will be offered to the Employee until the afformentioned forms have been completed and signed and that you have read and understood this On-Hire Casual Employment Contract.

1. 14.

   Policies, procedures & conduct expectations

1. 14.1
   The Employee shall observe all policies and procedures (as amended from time to time) of Spectra and Client where such policies and procedures have been brought to the attention of the Employee. The Employee acknowledges that the policies take effect as directions given by Spectra and not as mutually enforceable obligations.
2. 14.2
   Where there is any inconsistency between policies and procedures of Spectra and those of a Client, Spectra’s policies and procedures shall override those of the Client to the extent of the inconsistency, unless otherwise agreed or stated.
3. 14.3
   Where there is any inconsistency between policies and procedures of Spectra and those of Clients, the Employee must immediately notify Spectra of the inconsistency.
4. 14.4
   The Employee must not make or receive personal calls, faxes or SMS, and must not engage in personal internet use while on Assignment without the permission of an Authorised Client representative.
5. 14.5
   The Employee must demonstrate professionalism, honesty and courtesy at all times whilst on Assignment.

1. 15.

   Payment of wages

1. 15.1
   Spectra shall electronically deposit the Employee’s wages into a financial institution account nominated by the Employee in Schedule A or as updated in writing from time to time. Wages shall be paid in arrears.
2. 15.2
   Wages shall be deposited on a weekly basis, available in the Employee’s account on Friday unless the payment of such wages is delayed owing to circumstances beyond the control of Spectra. Circumstances beyond the control of Spectra may include but are not limited to the following:

1. (a)
   electronic malfunction on behalf of Spectra’s or the Employee’s nominated financial institution; or
2. (b)
   failure by the Employee to complete time sheets in accordance with instructions provided by Spectra or Client.

1. 16.

   Employee notification

1. 16.1
   The Employee will notify Spectra of any grievances in relation to an Assignment or employment. The Employee shall not raise such grievance with a Client unless authorized by Spectra, or where it relates to threats to health and safety of the Employee.
2. 16.2
   The Employee must notify Spectra as soon as reasonably possible of any offer of employment made to the Employee by the Client or any approach to the Employee by the Client to discuss potential employment with the Client during the duration of any Assignment and for a period of (3) months following termination or expiry.
3. 16.3
   The Employee agrees they must not directly approach any Company where they have been assigned by Spectra seeking employment in either a permanent, contract or permanent part-time capacity during the period duration of the Assignment or for a period of (3) months following termination or expiry.
4. 16.4
   The Employee must notify Spectra of any inability to attend work or commence work on time at least one hour prior to the commencement of any shift. A message left on a mobile telephone and/or notification to a fellow employee or the Client shall not constitute notification in accordance with this clause.
5. 16.5
   The Employee will immediately notify Spectra of any damage to property or injury caused to others by the Employee in the course of employment and/or an Assignment.
6. 16.6
   The Employee will notify Spectra, as soon as reasonably possible, of any change to personal details relevant to maintenance of employment and employment communications.
7. 16.7
   The Employee will notify Spectra of all and any hours worked on Assignment including hours worked over and above those outlined in the SAC.
8. 16.8
   The Employee will notify Spectra, as soon as reasonably possible, of any decision to commence work for an employer or principal where such new employer may reasonably be considered a competitor to Spectra or any Client. A competitor to Spectra or any Client shall be any organization or body which currently provides, or is proposing to provide, the same products or services as Spectra or Client.
9. 16.9
   The Employee will notify Spectra if a Client requests the Employee to use a company vehicle, handle cheques, cash, valuables, documentation or equipment whether on or off the premises of the Client to allow Spectra to verify that the appropriate insurance arrangements have been made. If the Employee fails to advise Spectra, the Employee may be personally responsible for any damage or loss incurred or suffered.

1. 17.

   Timesheets

1. 17.1
   Timesheets must be completed in the form approved by Spectra.
2. 17.2
   By 12:00pm on Tuesdays of each week that an Employee attends an Assignment, the Employee must complete and sign a timesheet and provide the completed timesheet to an authorised representative of the Client.
3. 17.3
   The Client is responsible for signing the timesheet and sending the completed document to Spectra.
4. 17.4
   If the Employee fails to provide the Client with a completed timesheet by 12:00pm on Tuesdays of each week that the Employee is on Assignment, Spectra is not obliged to make any payment to the Employee in that weeks pay run. The Employee will be paid in the following pay run provided the timesheet is submitted before 12:00pm on Tuesdays of the following week.

1. 18.

   Confidentiality and ownership

1. 18.1
   The Employee acknowledges that:

1. (a)
   the Client is the sole owner of the Intellectual Property Rights in the New Intellectual Property and, to the extent that such Intellectual Property Rights are not otherwise vested in the Client, the Employee hereby assigns (including where appropriate by present assignment of future copyright as provided under section 197(1) Copyright Act 1968 (Cth)) all such Intellectual Property Rights to the Client;
2. (b)
   the Client is the sole owner of all rights of property in the New Intellectual Property and all media in which it is embodied; and
3. (c)
   they will execute all documents and do all things as if required to perfect the Client’s title in the New Intellectual Property.

1. 18.2
   The Employee warrants that:

1. (a)
   they shall not infringe the Intellectual Property Rights in the New Intellectual Property;
2. (b)
   the use of the New Intellectual Property by the Client will not infringe the rights of any third party in Australia or elsewhere;
3. (c)
   they have taken (and if necessary, will take) all necessary steps to ensure that the Intellectual Property Rights in the New Intellectual Property shall vest in the Client.

1. 18.3
   The parties acknowledge that, in the course of dealings between them, each party may acquire Confidential Information. Such information will at all times be treated by the recipient of the Confidential Information as confidential.
2. 18.4
   Each party warrants that it has the right to disclose its Confidential Information. Each party will use the Confidential Information for the activities contemplated under this Agreement, and not for any other purpose. Each party agrees to return to the other party, or to destroy (and to certify the destruction in writing to the other party), all materials containing any Confidential Information of the other party within ten (10) days after demand for its return. The provisions of this clause shall not apply to any Confidential Information that forms part of the New Intellectual Property.
3. 18.5
   The obligations under this clause shall survive the expiration of this Agreement.

1. 19.

   Declaration of receipt

1. 19.1
   The employee acknowledges receipt of the following which they have read and will retain for future reference.

1. (a)
   On-Hire Casual Employment Contract.
2. (b)
   Fair Work Information Statement.
3. (c)
   Spectra induction.
4. (d)
   WH&S documents.
5. (e)
   Candidate registration form.
6. (f)
   Superannuation standard choice form

1. 20.

   General

1. 20.1
   This Agreement may only be varied in writing by the Parties.
2. 20.2
   This Agreement shall be governed by the laws of the State of Queensland and the Parties submit to the non-exclusive jurisdiction of the Courts of the State of Queensland.
3. 20.3
   If a clause of this Agreement is invalid or illegal or unenforceable the Parties agree to sever that clause from the Agreement, however, the remainder of the Agreement remains legal and enforceable.
4. 20.4
   Each Party will at all times ensure that persons under its control will comply with the applicable laws protecting privacy including the Privacy Act 1988 (Cth) and all other legislation protecting the privacy of personal information.
5. 20.5
   The Employee may not assign their rights and obligations.
6. 20.6
   Any failure by a Party to enforce any clause of this Agreement, or any forbearance, delay or indulgence granted by one Party to the other, will not be construed as a waiver of the first mentioned Party's rights under this Agreement.
7. 20.7
   The clauses in this Agreement that are capable of having effect after the expiration of this Agreement including but not limited to clauses 3,16, 17,19, 20 shall remain in full force and effect following the expiration of this Agreement.
8. 20.8
   This Agreement constitutes the entire agreement between the Parties in respect of the subject matter. Any prior arrangements, agreements, representations or undertakings are superseded.
9. 20.9
   In this Agreement the following rules of interpretation apply unless the contrary intention appears:

1. (a)
   headings are for convenience only and do not affect the interpretation of this Agreement;
2. (b)
   the singular includes the plural and vice versa;
3. (c)
   words that are gender neutral or gender specific include each gender;
4. (d)
   where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
5. (e)
   this agreement includes all schedules and attachments to it; and
6. (f)
   no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this agreement or any part of it.

Schedule A

Schedule A – Employee information