Contract of Employment – Private & Confidential
Dear Applicant,
On behalf of the Buildgroup Services Australia Pty. Ltd. (BGSA), I have the pleasure in offering you conditional employment on the following terms and conditions.
The offer of employment is conditional and subject to your successful completion of any necessary inductions and your probationary period as outlined in Section 4.
The applicable National Award relating to your specific role and the National Employment Standards will apply to your employment. Buildgroup Services Australia Pty. Ltd. (BGSA) may choose to remunerate workers with above award pay conditions; this is subject to agreed arrangements with our clients.
1. CLASSIFICATION AND ENGAGEMENT
1.1 You are appointment by Buildgroup Services Australia Pty. Ltd. (BGSA) will be outlined within your Employee Letter of Appointment (ELA).
1.2 You will be employed as a casual employee.
1.3 You are employed as an On Hire worker. This means that the BGSA will exercise its best endeavours to obtain suitable work for you with its clients (the “host employer”) and you will work under the direction of the host employer.
1.4 If the host employer offers you a position and you accept that position, this contract of employment will terminate as at the date that you commence employment with the host employer. (conditions apply)
1.5 For each engagement with a host employer, you will receive written advice in the form of an ELA as to the location of the site, your supervisor, the applicable industrial instrument, classification, grade, pay conditions and the estimated hours of work. It is likely that conditions will vary with each appointment.
1.6 Your anticipated ordinary hours of work may be up to 38 hours per week, working 8 hours per day. You may also be required to work additional reasonable overtime including work on Saturdays and Sundays. Due to the nature of our business, it is not reasonable for our employees to accrue rostered days off. By accepting this offer of employment, you agree to forego rostered days off for an additional payment of 0.4 hours at time and a half for each 8 hours worked on weekdays if offered as part of each individual appointment.
1.7 You may be required to work shift work and to move between shift work and day work as directed; and to work overtime, weekends and public holidays so as to meet the operational requirements of the host employer.
2. PAY AND CONDITIONS
2.1 Where any payments are made to you above the applicable National Award relating to your specific role, they shall be received by you in satisfaction of any/or all entitlements and allowances which might otherwise apply to you.
3. SUPERANNUATION
3.1 BGSA will make employer superannuation contributions in accordance with the Superannuation Act 1976 into a complying superannuation fund of your choice.
4. PROBATIONARY PERIOD
4.1 This offer of employment is subject to the satisfactory completion of the probationary period of six months. At any time during the probationary period and for any reason, your employment may be terminated by BGSA in writing without a notice period.
5. COMMENCEMENT AND OTHER EMPLOYMENT
5.1 Your employment will commence from the date that this document is completed and signed unless otherwise agreed with you.
5.2 Before commencing your employment, you must upon request, produce to the AES appropriate evidence of your qualifications, licenses and/or tickets and Australian residency, or authorisation to work in Australia, as the case may be. It is your personal obligation to maintain all relevant licenses and/or tickets throughout the duration of your employment.
5.3 You agree that you are not under any obligation or restriction which would interfere or conflict with your employment in any role provided by BGSA or your obligations and duties under this agreement.
5.4 You must not engage in any other employment or provide any services to anyone other than the BGSA during your employment with BGSA without the prior written consent of BGSA.
6. SITE AND SAFETY INDUCTION
6.1 This offer of employment is subject to your successful completion of the BGSA General and Safety Induction Courses as provided from time to time, as well as any specific training required to be undertaken prior to your commencement with a host employer. Should you fail to successfully complete the BGSA and or Host Employer Site and Safety Induction Courses, your employment offer from BGSA may be withdrawn.
6.2 Where required, you are to wear appropriate and adequate clothing, footwear and other personal protective equipment to suit the nature of the work you perform as directed by BGSA and your Host Employer. It is your personal responsibility for the care and maintenance of such equipment.
6.3 You will be required to attend host employer specific inductions before commencing work with the host employer.
7. POLICIES AND PROCEDURES
7.1 You are bound by, must comply and remain familiar with, all applicable BGSA policies and procedures as amended. The current policies and procedures will be made available to you upon commencement of your employment.
7.2 Where you are working for a host employer, you are bound by, and must comply with the host employer, client, site/project specific and/or alliance partner’s policies and procedures which may apply. The host employer, client, joint venture or alliance partner may at its discretion, vary, change or terminate existing policies and procedures and may introduce new policies and procedures that you must comply with.
7.3 The host employer or any client, joint venture or alliance partner’s policies and procedures or codes of conduct do not form part of your contract of employment however they do constitute a lawful direction.
8. WORK AS DIRECTED
8.1 You must perform the duties reasonably associated with your assigned position and must carry out all lawful directions and discharge such duties and functions as may be delegated or assigned to you consistent with your skills, competence and training, including work for any related, associated or subsidiary companies of the host employer or for any joint venture partner or alliance companies. Further, you must:
8.1.1 devote all of your work time, attention and skill to the performance of your duties;
8.1.2 perform your duties faithfully and diligently;
8.1.3 carry out such duties (including duties of a lower or higher classification) that are within the limits of your skill, competence and training as determined by the BGSA and the host employer;
8.1.4 carry out work that you do not normally perform to satisfy the host if appropriately skilled;
8.1.5 adhere to employer’s requirements and/or to overcome other operational problems, provided that the BGSA and the host employer determines that you have the required skills to perform the relevant work;
8.1.6 not act in conflict with the interests of the BGSA or the host employer; and
8.1.7 not use your position for an improper purpose.
9. MEDICAL AND OTHER EXAMINATIONS
9.1 Consistent with the work health and safety obligations of BGSA prior and during the course of your employment you may be required to undergo one or more medical examinations at the expense of the BGSA. You agree to submit yourself to any medical examinations and/or tests that the BGSA determines may be necessary to assess your ability to perform the inherent requirements of your current or future positions.
9.2 You expressly authorise any medical practitioner who has undertaken an examination of you at the request of BGSA to release or otherwise provide to BGSA any opinion, report or the results of any tests conducted by or on behalf of the medical practitioner on you.
9.3 It is a condition of employment with BGSA that you remain medically fit to carry out the inherent requirements of the each assigned position at all times.
9.4 If you suffer an injury, or illness however slight, as the result of an accident at work or work related activities, you must as soon as practicable upon you becoming aware that you have suffered an injury, advise your host employer and BGSA. An injury includes a physical injury or disease and also any other conditions that affect your ability to function normally whether of sudden onset or gradual development.
9.5 You agree to submit to periodic and/or random blood, saliva and/or urine testing as required by the host employer and/or BGSA to test for the presence of illicit drugs or alcohol in your body. You expressly authorise the release to the host employer and to BGSA the results of such tests where they are conducted on behalf of the host employer. The taking of any prescription drug or illicit drug or the consumption of alcohol, whether or not consumed at the workplace or elsewhere, and which adversely affects your capacity to properly and safely undertake your duties, or the possession of alcohol and/or illicit drugs, will result in you being refused entry to or to be removed from the workplace immediately as the case requires. In such circumstances your removal from the workplace or a refusal to allow you to enter the workplace will be regarded as disciplinary action. Being under the influence and/or having alcohol or illicit drugs in your possession or control at the site will be regarded as serious and wilful misconduct and will result in disciplinary action, including summary termination of employment.
10. VERIFICATION OF COMPETENCY
10.1 You may be required to undertake and successfully complete a Verification of Competency (VOC) specific to your position. Should you fail to successfully complete any units of competency, your employment offer with BGSA may be withdrawn.
11. ATTENDANCE RECORDS & TIMESHEETS
11.1 It is a condition of employment that you agree and sign off your attendance and any other relevant conditions and keep an accurate record of the hours you work.
11.2 Timesheets are to be completed by you in the form provided by BGSA and they are to be signed by you and your host employer before submission. Timesheets that have not been signed by you and/or the host employer will be deemed as incomplete and will not be processed. Timesheets are due before 10am each Monday after hours working in the preceding week. Timesheets that are not submitted before 10am each Monday will be processed in the following week. It is your responsibility to ensure that your timesheets are completed and submitted on time.
12. RELEASE OF INFORMATION
12.1 Any personal information collected by BGSA in the process of your application for employment and during employment (“Personal Information”) is collected for the purposes of considering you as an applicant for current or future employment, and in connection with employment related matters.
12.2 By accepting this offer of employment, you agree that BGSA may collect, use and disclose your Personal Information, for the purposes outlined above, including the disclosure of your Personal Information, to BGSA related companies and other parties, including host employers, clients and clients’ agents, for the purposes of employment related matters.
13. OVERPAYMENT REIMBURSEMENT TO COMPANY FROM EMPLOYEE
13.1 Upon BGSA providing written notification of an overpayment to you, you authorise BGSA to deduct from any wages or any other entitlements payable, or owing to you, any overpayments made in error to you by BGSA. A repayment schedule will be created and any overpayment will be deducted over a maximum of up to 6 weeks.
14. SUSPENSION FROM DUTIES
14.1 BGSA may suspend your employment to allow for an investigation of relevant facts and circumstances if a BGSA representative or host employer believes on reasonable grounds that:
14.1.1 you have, or may have, committed a serious breach of this agreement, or any other requirement of your employment or have engaged in misconduct; and
14.1.2 your suspension is in the best interests of BGSA.
14.2 During the investigation suspension period you will not be paid unless it is found that the suspension is unwarranted.
15. LEAVE
15.1 As a casual employee you are not entitled to paid annual or personal leave benefits under the National Employment Standards (NES).
15.2 You may be entitled to certain leave entitlements under the NES and will be afforded these entitlements as required by law.
15.3 BGSA may, at its discretion, require you to produce evidence supporting your need for NES leave entitlements.
15.4 At any time that you are unable to attend work or you need to leave work for any reason, you must notify BGSA with a minimum of 2 hours notice. Failure to provide sufficient notice under this clause will be as a breach of the contract of employment and will result in disciplinary action.
16. TERMINATION OF EMPLOYMENT
16.1 Your employment may be terminated by BGSA or by you on one day’s notice or payment in lieu of notice.
16.2 Without limiting any rights BGSA may have at common law, BGSA may terminate your employment for serious misconduct without notice or pay in lieu of notice. Serious misconduct shall include but is not limited to, any serious or persistent breach of the contract of employment; the applicable industrial instrument or BGSA or the host employer’s policies; dishonesty, fraud, theft, breach of safety provisions, wilful damage to property, harming or threatening co-workers, gross negligence, unauthorised or prolonged absenteeism, or breach of the confidentiality requirements or other employee obligations of this letter of offer.
17. BAG AND OTHER SECURITY SEARCHES
17.1 To ensure the security of the host employer’s site, you hereby authorise the host employer to conduct searches from time to time of any bag or other item belonging to you and/or your motor vehicle when entering or leaving the work site, and of your locker. Unauthorised possession of host employer property may lead to summary dismissal.
18. CONFIDENTIALITY AND PUBLIC COMMENT
18.1 You must not during your employment or at any time thereafter, without the prior written consent of BGSA, or as otherwise required by law disclose directly or indirectly to any person for any reason, any information about BGSA or its clients or any host employer which is not already public knowledge and any confidential or commercially sensitive information about BGSA or the host employer.
18.2 You are not to comment publicly in any news, social or any other media about BGSA, the host employer or their respective employees. You may be subject to disciplinary action, including termination of employment, if you comment to any medium on any aspect of BGSA business, whether or not it involves confidential or commercially sensitive information about the business.
19. CHANGE OF DETAILS
19.1 You are required to advise BGSA of any change of your name, home address, contact number or email address within seven (7) days of such change.
20. GOVERNING LAW
20.1 This agreement is governed by legislation in force in NSW.
21. ENFORCEABILITY
20.1 If any provision of this agreement is invalid under the law of any jurisdiction, the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
22. ENTIRE AGREEMENT
22.1 This agreement constitutes the entire agreement between the parties in connection with its subject matter. No other terms are to be implied into the agreement which would have the effect of adding to, diminishing, deleting or varying the terms and conditions set out in this letter. However, if any term of this agreement is inconsistent with the applicable instrument applying to your employment, the applicable instrument will prevail to the extent of the inconsistency.
23. ACCEPTANCE
23.1 By signing where provided, you indicate that you understand, accept and will comply with the conditions of employment contained in this offer.
23.2 You acknowledge that you have had the opportunity to obtain independent legal advice before accepting this offer, and accept that its terms are fair and reasonable.
24. ATTACHMENTS
24.1 The following attachments will be sent to your email after completing you BGSA registration:
24.1.1 Duplicate Offer of Employment;
24.1.2 On Boarding Documents & attachments provided;
24.1.3 BGSA Employee Handbook
24.1.4 Fair Work Information Statement
Buildgroup Services Australia Pty. Ltd. (BGSA) would like to welcome you to the BGSA team and trust you find the position both interesting and rewarding.