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CONDITIONS OF CONTRACT
1. I anckowledge and agree that there is no relationship of employer/employee with CENTRE LABOUR FORCE and that CENTRE LABOUR FORCE does not guarantee me any work. I am self-employed and, as such, I am not bound to accept any work through CENTRE LABOUR FORCE.
2. I hereby agree to work for an agreed amount per hour for actula on-site hours, or job price to be agreed.
3. I instruct CENTRE LABOUR FORCE to make deductions under the PAYG System of Taxation.
4. I hereby agree that I have no claims to CENTRE LABOUR FORCE in Respect of Holiday Pay, Long Service Leave, Sick Pay, or any similar payment.
5. I hereby agree that CENTRE LABOUR FORCE has no responsibility or liability to me, except that i am guaranteed to be paid for actual on-site hours worked or agreed job price for work done.
6. it is agreed that I must carry out all work that I agree to do through the agency of CENTRE LABOUR FORCE in a proper manner and CENTRE LABOUR FORCE is herby guaranteed against faulty work. All work must be made good. Further, I agree to cover the work (where necessary) for Public Liability, Accident insurance, Long Service and Holiday Pay, and have no Claimson CENTRE LABOUR FORCWE in respect of above.
7. I hereby agree to supply my own equipment, where necessary to perform the work , and that i have no claim on CENTRE LABOUR FORCE in respect of above.
Centre Labour Force may provide you with company property during the course of your ODCO contract such as computer and clothing. The provision of any suich company property is contingent on your role and will be provided at the absolute discretion of Centre Labour Force. You will not have a contractual Entitlment to such company property, and it may be withdrawn by centre Labour Force at any time.
You must ensure that all company property in you possesion or control is properly cared for and maintained.
Any company property must be used in accordance with any applicable workplace policy (or as the otherwise expressly allowed for by Centre Labour Force).
8. Workplace Policies
Centre Labour Force may from time to time have written workplace poplicies in place which deal with variety of matters concerning how the workplace operates, procedures to be followed and exceptions in relations to particular aspects of the business. The purpose of the policies is to make clear what Centre Labour Force expects from you in a relation to the aspect of th business dealt with by the policy.
You are required to be familiar with the content of all such Policies, and to comply with theire terms at all times. Any Failure to do so may reslt in deisciplinary action upt to and including termination of employment. if you are uncertain of where these policies are located or what obligations they impose, you have an expres obligation to raise this with your manager. your manager will then provide you with , or direct you to, the required information.
to the extent that the policies descrbe benefits and entitlements for the Employee or Impose any obiligations on Centre Labour Force , these are discretionary in nature and are not intended to be contractual. the terms and conditions of your employment that are intended to be contractual are set out in this contract.
Centre Labour Force may unilaterly introduce, vary, remove or replace policies at any time duriong the course of your employment.
9. Intellactual Property
You anckowledge and agree that it is a condition of ODCO Contract that Centre Labour Force shall be the owner of all Intellectual Property Rights in everything created, generated or contributed to by you in the course of your employment;
a) whether alone or in conjuction with others;
b)whether during office hours or otherwise;
c)irrespective of where the creation , generation or contribution took place;
d)which:
i. relates to the business or perspective business of Centre Labour Force; or
ii. was created , generated or contributed to using any equipment or facilities of Centre Labour Force
You must do all things neccessary to enable centre Labour Force to confirm or perfect the Intellectual Property Rights Assigned under this Clause.
You consent to any act or omission by or on behalf of or authorised by Centre Labour Force, or Centre Labour Force's assignees, licensees or successors in title and any person authorised by Centre Labour Force, or its assignees, licensees or successors in title which would otherwise infringe any part of your moral rights that subsist in any copyright works created by you.
"INTELLECTUAL PROPERTY RIGHTS" means all intellectual property rights as defined by law including without limitation:
a). know how, trademarks, business names, the right to have confidential information kept confidential, copyright, inventions, improvements, designs, patents, discoveries, concept, circuits or other eligible layouts, numeric data, data or formulae, software, coding, models, drawings, plans, trade secrets, secret processes, reports, proposals, concepts or ideas;
b). any rights in respect of (a); and
c). any application or right to apply for registration of any of (a).
This clause will survive the termination of your ODCO Contract, irrespective of the basis of the termination, and shall remain in full force and effect indefinitely.
10. Conflicts of interest
You are required to immediately disclose any potential, perceived or actual conflict of interest (whether direct or indirect) that may give rise to a conflict with the performance of your ODCO Contract obligations to Centre Labour Force, or Centre Labour Force's business or reputational interests. Centre Labour Force may require you to take action to eliminate or reduce any such conflict. In the event that in the opinion of Centre Labour Force you fail or refuse to declare any such conflict, or to resolve it in a manner satisfactory to Centre Labour Force in accordance with its directions, then notwithstanding any other provision of this contract, Centre Labour Force may terminate your employment on an immediate basis.
l l . Privacy
You consent to Centre Labour Force collecting and using personal information and sensitive personal information as defined in the Privacy Act 1988 (Cth) for any purpose relating to your ODCO Contract with Centre Labour Force. The personal information will be held in a secure location.
You also consent to Centre Labour Force disclosing personal information and sensitive personal information about you to other persons for reasons relating to your ODCO Contract or for Centre Labour Force 's business requirements. These persons include the
Australian Tax Office, superannuation fund trustees and administrators, insurers, medical or occupational practitioners, financial and legal advisers, potential purchasers on sale of business and law enforcement bodies.
You also consent to Centre Labour Force disclosing your personnel information and image or likeness for marketing purposes including on Centre Labour Force's Website.
This clause will survive the termination the termination of your employment irrespective of the basis of th termination, and shall remain in full force and effect indefinitly.
12. Restraint of Trade
As consideration for your remuneration and you acquiring knowledge of the confidential information and intellectual property of Centre Labour Force and its affiliated entities in Australia, you agree that, whilst ODCO Contract by us and for the applicable Restraint Period, you must not directly or indirectly undertake any of the following activities without obtaining our prior written consent
a). canvass or solicit, or attempt to canvass solicit, the business of any client ( in relation to the provision of the type of services you provided at Centre Labour Force) with whom you have had direct dealings in the 12 month period prior to your ODCO Contract ending; and
induce or attempt to induce or solicit proffesional staff, including but not limited to directors, employees and ODCO Contactors of Centre Labour Force with whom you otherwise have had direct dealings inn the 12 month prior to your ODCO Contract ending to leave their employment with Centre Labour Force.
For the purposes of this clause:
(a) "Restaint Period" means the following periods after your employment ends(for any reason)
(b) 12 Months, or if that is unforceable;
(c) 6 Months, or if that is unforceable
(d) 3 Months
Restraint Area" mean:
(a) Australia, or if that is Unforceable;
(b) The State, Territory or Juridiction in which you predominantly worked during thge 12 month period prior to your employment ending.
You acknoeledge and agree that:
i) the restraints set out in this cause are resonable and necessary in the circumstance to protect oour legitimate business Interests, Including our confidential information and goodwill.
ii) the resdtraints set out in this clause do not unreasonably restrict your right to practice in your profession.
iii) the restraints set out in this clause are intended to operate to the maximum extrent.
iv) damages may be inadequate to protect the centre Labour Force Gfroup's Interests and we are entitled to seek and obtain injuctive relief , or any other remedy, in any court.
v) each restraint contained in this clause (resulting from any combination of the wording in clause 1 and the definition of Restraint Period and Restraint Area ) constitutes a separate and indepedent provision, severable from the other restraints. if any such restraints are determined to be unenforceable in whole nor in part, the enforceability of the remainder of that restraint and any other restraint will not be affected.
vi) your obligations under this clause survive the terminations/ending of your ODCO Contract.
if there is any inconsistency or contradiction between the restrains which are not invalid or unenforceable, the resatraint with the longest Restraint Period and the widfest Restraint area, to the exclusion of any other prohibition or restraint, constitutes the agreed restraint.
13. Workplace Policies
Centre Labour Force may from time to time have written workplace policies in place which deal with a variety of matters cocerning howe the wrokplace operates, procedures to be followed and expectations in relation to the particular aspects of the buiseness. the purpose of these policies is to make clear what Central labour force expects from you in relation to the aspects of the business deals with by the policy.
you are required to be fam,iliar with the content of all such policies, and to comply with their terms at all times. Any failure to do so may result in disciplinary action upto and including termination of employment. If you are uncertain of where these policies are located or what obligations they impose, you have an express obligation to raise this with your manager. Your manager will then provide you with, or direct you to , the required information.
To the extent that th policies describe benefits and entitlements for the ODCO contract or impose any obligations on Centre Labour Force, these are discretionary in nature and are not intended to be conractual are set out in this contract.
Centre Labour Force may unilaterally introduce, vary, remove or replace policies at any time during the course of your ODCO Contract.
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