BUSICOM SOLUTIONS PTY LTD - GENERAL TERMS AND CONDITIONS OF TRADING.
DEFINITIONS "Busicom Solutions" means Busicom Solutions Pty Ltd, ABN 56 109 564 230 and any subsidiaries or related entities, and where relevant, its employees, agents and contractors.“Client means any person or entity to which Busicom provides services and where the context permits, its servants, agents, employees, contractors and authorized persons and Client Related Entity."Agreement" means the terms and conditions of business set out herein and any variations made to these terms by Busicom Solutions."Candidate" is any person, who has sought or obtained placement with a Client of Busicom. “Claim” means a claim, demand, remedy, suit, injury, damage, loss, Cost, liability, action, proceeding or right of action.“Personal Information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. “The Privacy Laws” means Privacy Act (Cth) 1988 (and amendments including the Privacy Amendment (Private Sector) Act 2000 (Cth).
1. Temporary/ Casual Candidate.
1.1 Busicom Solutions will use all possible resources to provide an appropriate and compatible Candidate as requested by the Client. Testing and reference checking are carried out by Busicom Solutions as far as is practicable.
1.2 The Client must base any decisions to employ a Candidate wholly on its own enquiries and judgement.
1.3 Busicom Solutions does not accept any responsibility for a Claim arising from or related to, whether directly or indirectly, any misstatement as to a Candidate’s qualifications, lack of skill, negligence, dishonesty, or misconduct of the Candidate provided.
1.4 In the event that a selected Candidate leaves the employ of Busicom Solutions, Busicom Solutions will endeavour as far as is practicable to supply a replacement Candidate for the consideration of the Client.
1.5 Busicom Solutions will use all possible resources to attempt to provide a replacement Candidate to the Client in a timely manner. Busicom Solutions does not accept any responsibility for any claim arising from or related to any failure to provide a Candidate or the failure to provide a replacement Candidate for all or any part of the booking.
1.6 It is the responsibility of the Client to supply all necessary plant and/or office equipment (including safety equipment) for a Candidate.
1.7 Busicom Solutions shall be responsible for all wages, remuneration or payments made to or on behalf of a temporary/casual Candidate including superannuation, workers compensation and payroll tax.
2 Permanent Candidate.
2.1 Busicom Solutions will use all possible resources to provide appropriate and compatible Candidates as requested by the Client. Testing and reference checking are carried out by Busicom Solutions as far as is practicable.
2.2 The Client must base any decisions to employ a Candidate wholly on its own enquiries and judgement.
2.3 Busicom Solutions does not accept any responsibility for any Claim arising from or related to any misstatement as to a Candidate’s qualifications, lack of skill, negligence, dishonesty, or misconduct of the Candidate provided.
2.4 Permanent Candidate placements including temporary/casual to Permanent are calculated according to the Busicom’s standard fees (as at that time) as a percentage of a Candidate’s commencing annual remuneration package.
2.5 The annual remuneration package includes base salary, employer superannuation contributions (including compulsory contributions), allowances, inducement payments, anticipated commission and bonus earnings and non-salary benefits such as provision of a motor vehicle. Where a motor vehicle is included in the package it will be assessed at $20,000. The value of all other non-salary benefits will be taken into account and agreed between Busicom and the Client. Where a Candidate is placed in a Permanent role on a part-time basis the salary for calculating the placement fee will be on the basis of a full-time equivalent salary. 3.1 Once a Candidate is placed as an employee with a Client, the Client is that person(s) employer and has sole responsibility for the employee. Busicom has no liability or obligations in respect of the Client’s employee, including, without limitation, in respect of the termination of employment of the employee for any reason by the Client.
2.6 In the event that a selected Candidate leaves the employ of the Client within three months for reasons other than retrenchment, Busicom Solutions will endeavour as far as is practicable to supply a replacement Candidate for the consideration of the Client.
2.7 Busicom Solutions will use all possible resources to attempt to provide a replacementn Candidate to the Client. Busicom Solutions does not accept any responsibility for any claim arising from or related to any failure to provide a Candidate or the failure to provide a replacement Candidate for all or any part of the booking.
2.8 If the remuneration package of the replacement Candidate increases from the original Candidate, the invoiced amount will be adjusted appropriately.
2.9 The Client must not discuss the fees charged by Busicom Solutions to the Client for any placement of a Candidate, or any change to the fees, with any Candidate of Busicom Solutions or its nominated representative.
3. Temporary/Casual to Permanent Arrangements. 3.2 The Client agrees not to offer and/or not to employ directly, whether by the Client, its subsidiaries or related companies or entities, a Candidate provided to the Client by Busicom Solutions within 12 months from the date of the last day that the person was engaged by the company.3.3 If after the expiration of eight hundred (800) continuous hours of hire, the Client wishes to offer employment to or directly employ a Busicom Solutions Candidate, Busicom Solutions shall waive the restriction set out in clause 3.1 herein and shall not require the Client to pay a placement fee in relation to the direct employment of Candidate.
3.4 If the Client directly employs, whether by the Client, its subsidiaries or related companies or entities, a Candidate provided to the Client by Busicom Solutions (whether in the same role or some other role) or a Candidate who was introduced to the client (whether directly or indirectly) even if such Candidate was not placed with the Client, prior to the expiration of eight hundred (800) continuous hours of hire, or within the 12 month period referred to in clause 3.1 herein, the Client must pay to Busicom Solutions a placement fee calculated in accordance with Busicom’s standard fees for Permanent Placements.
3.5 The Client shall be liable to pay the placement fee referred to in clause 3.3 herein, even if the Client company, its subsidiaries or related companies or entities employ the Candidate prior to the proposed date for commencement of the assignment and/or placement by Busicom Solutions of the Candidate with the Client and even if the Candidate was only introduced to the Client but did not successfully obtain a placement or assignment.
3.6 The Client must pay to Busicom Solutions, as a liquidated debt payable on demand, the placement fee payable under Clause 3.3 and/or 3.4 herein.
3.7 Once a Candidate are placed as an employee with a Client, the Client is that person(s) employer and has sole responsibility for the employee. Busicom has no liability or obligations in respect of the Client’s employee, including, without limitation, in respect of the termination of employment of the employee for any reason by the Client.
4 Compliance with Legislation. 4.1 The Client agrees and acknowledges that it is required to provide a Candidate with a safe workplace which complies with all relevant Occupational Health and Safety legislation.4.2 The Client is responsible for ensuring the health and safety of the Candidate while the Candidate is providing services to the Client at the Client’s premises or such other place as required by the Client, and must satisfy all its obligations in relation to the Candidate under applicable occupational health and safety, discrimination and sexual harassment legislation. This includes, but is not limited to, the following: a) providing all necessary induction and other training and issuing all necessary policies, procedures and directions; (b) immediately notifying Busicom Solutions of any occupational health and safety risks or discrimination or harassment issues in connection with the provision of services by a Candidate.c) Requiring a Candidate to perform only those tasks that the Candidate is skilled and trained to perform; and d) immediately notifying Busicom Solutions if there are any changes in the tasks that the Candidate is assigned to perform for the Client; 4.3 Busicom Solutions reserves the right to visit the site and carry out a risk assessment accompanied by the Client at a time convenient to the Client.4.4 Busicom Solutions reserves the right to refuse to supply a Candidate to the Client or to remove a Candidate from the Client if the Client places a Candidate at unreasonable risk of injury or harm or if in the unfettered opinion of Busicom Solutions the Client places a Candidate in an environment which undermines their occupational health and safety.4.5 If Busicom Solutions exercises its rights under clause 4.4 herein, it shall not be liable for any claim by the Client brought as a result of Busicom Solutions’ actions and Busicom Solutions shall not be liable to redeploy a Candidate to the Client until such time as it is of the opinion that the Client has rectified or remedied the unsafe practices or environment.4.6 It is the responsibility of the Client to provide adequate training to all Candidates for use of specific machinery or equipment and Busicom Solutions does not warrant that any Candidate supplied to the Client is suitably qualified to operate any such machinery in a safe or competent manner.4.7 While Busicom Solutions will endeavour to provide Candidates that are suitable for specific training, it is the sole responsibility of the Client to provide Candidates with site/job induction relevant to the Client’s requirements and site/job induction in relation to occupational health and safety.4.8 The responsibility for protecting the Client’s confidential information and intellectual property lies solely with the Client. Busicom Solutions is not liable for any claim arising from the misuse by a Candidate of the Client’s confidential information and intellectual property; 4.9 The Client is responsible for ensuring that a Candidate is adequately covered by any insurance policy held by the Client in respect of the Client’s business.
5 Public Liability. The Client shall hold and maintain public liability insurance for a sum of no less than ten (10) million dollars and if directed to by Busicom Solutions give a current certificate of currency issued by the insurer to Busicom Solutions or if requested by Busicom Solutions, a copy of the current insurance policy issued by the insurer.
6 Supervision. Busicom Solutions supplies a Candidate to work under the care, control and supervision and direction of the Client and its supervisors.
7 Invoicing and Payment.
7.1 Busicom Solutions operates under a weekly payroll and invoicing system from Monday to Sunday. Individual hours worked by a Candidate up to midnight Sunday must be confirmed by 9am Monday.
7.2 The Client undertakes to have each timesheet authorised by an appropriate person.
7.3 Payment terms are strictly seven days from date of invoice.
7.4 Busicom Solutions reserves the right to charge interest at an annual rate of ten (10) percent for all invoices outstanding for more than fourteen (14) days. Interest shall be calculated daily and shall be charged to the Client’s account on a monthly basis.7.5 Busicom may vary the fee at any time without notice in light of the following: a) changes to CPI or market rates: b) variations to any award or agreement or rate of pay set by the Australian Fair Pay Commission applicable to Candidatec) any statutory charges, levies, taxes or other payments Busicom is lawfully required to make or for which Busicom
may become liable in respect of providing a Candidate under these Terms of Business. 7.6 The Client agrees and undertakes to pay to Busicom on demand all liabilities, losses, penalties, costs, charges and expenses including legal costs and disbursements (on a solicitor and own client basis), that Busicom incurs in enforcing or exercising rights after a breach of the this Agreement occurs including but not limited to a failure by the Client to pay any monies payable to Busicom.
8 Minimum Period of Hire.
There is a minimum hire period of four hours per person per day, however some Awards and work environments will dictate a longer period. The Client is required to confirm the minimum hire period at the time labour is ordered.
9 Indemnity
9.1 Busicom makes every effort to maintain a high standard of Candidates and to provide proper details of their qualifications and experience. However, as these details are based on information provided to Busicom by the Candidate, their referees, and other third party organizations as relevant. Busicom is not liable for any errors, omissions, inaccuracies or incorrect conclusions. Clients are responsible for the final recruitment decision and must satisfy themselves as to the suitability of the Candidate.
9.2 Busicom is not liable for any loss, damage, costs or Claim (whether direct or indirect) which may be suffered by the Client, or for which the Client may become liable, arising from:
a) the introduction by Busicom of Candidates (or delay in any such introduction); or
b) the failure of a Candidate to accept an offer of employment or Contract Assignment.
9.3 The Client indemnifies Busicom Solutions (and keeps Busicom Solutions indemnified) on a full indemnity basis in respect of all losses, liabilities, costs or claims arising from or related to:
a) the actions or omissions of a Candidate, performing an assignment for the Client, whether wilful or negligent and whether or not occurring at the Client’s premises or the place where the assignment is performed;
b) any failure or alleged failure of a Candidate, to duly perform his or her obligations;
c) personal injury or death of a Candidate, or any other person howsoever arising from, or related to the performance by a Candidate of his or her obligations; and
d) damage to any property arising from, or related to the performance by a Candidate, of his or her obligations. 9.4 The Client further indemnifies Busicom Solutions (and keeps Busicom Solutions indemnified) on a full indemnity basis in respect of any Claim related to the Candidates assignment with the Client, including but not limited to termination of the assignment by the Client.
10 Instruction by Client
10.1 The Client must clearly instruct Busicom Solutions in relation to the requirements of the assignment and duties for the Candidate to be provided.
10.2 It is the responsibility of the Client to advise of union membership requirements at the time labour is ordered for hire.
10.3 It is the responsibility of the Client to provide Busicom Solutions with relevant information on Award pay rates, over Award payments, site agreement rates and allowances such as dirt, meal, site etc.
10.4 The Client agrees to immediately notify Busicom Solutions in writing should there be any change to the duties or systems of work to be performed by Candidate or to any other matter which may be relevant, whether directly or indirectly, to the wages and conditions payable by Busicom Solutions to Candidate.
10.5 The Client agrees that if it fails to advise Busicom Solutions of any relevant matter referred to in clause 10.3 and/or 10.4 herein, whether prior or during the course of the assignment, the Client shall be liable for all loss, damage, expense, cost or claim incurred by Busicom Solutions.
11 Amenities. The Client is responsible for providing sufficient site accommodation, tool lock-ups and all other amenities required by the relevant Award, AWA or industrial agreement.
12. Introduction
12.1 If a Candidate or his or her details are introduced to or passed on to the Client (including the transfer of a candidate's details to the Client's database), and that introduction or transfer results in the Permanent employment or engagement on a temporary or casual basis of the Candidate, the Client must pay Busicom the appropriate fee in accordance with these Terms of Business and Busicom's standard fee structure.
12.2 If the details of a Candidate, who has been introduced by Busicom to a Client, are passed onto a third party who subsequently employs the Candidate, the Client will be liable for the appropriate placement fee in accordance with these Terms of Business and Busicom’s standard fee structure. 
