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Placement Fee Agreement Template for Australia

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Key Requirements PROMPT example:

Placement Fee Agreement

"I need a Placement Fee Agreement for my Australian recruitment agency that specializes in international tech talent placement, with tiered fee structures ranging from 15-25% of annual salary and specific provisions for visa sponsorship support."

Document background
The Placement Fee Agreement is essential for Australian businesses engaging recruitment agencies to source and place candidates. This document establishes the commercial relationship between recruitment agencies and their clients, detailing service scope, fee structures, and mutual obligations. It is designed to comply with Australian employment law, privacy regulations, and consumer protection legislation. The agreement typically includes provisions for permanent placements, guarantee periods, replacement candidates, and payment terms. It's particularly important for protecting both parties' interests in the recruitment process and ensuring clarity around financial obligations and service expectations. The document should be reviewed by legal counsel to ensure compliance with current Australian legislation and state-specific requirements.
Suggested Sections

1. Parties: Identifies the recruitment agency and the client company, including their full legal names, ABN/ACN, and registered addresses

2. Background: Establishes the context of the agreement, stating that the agency provides recruitment services and the client wishes to engage these services

3. Definitions: Defines key terms used throughout the agreement, including 'Candidate', 'Placement', 'Placement Fee', 'Successful Placement', etc.

4. Services: Details the recruitment and placement services to be provided by the agency

5. Fee Structure: Outlines the basis for calculating placement fees, including percentage of annual salary or fixed fees

6. Payment Terms: Specifies payment timeframes, invoicing procedures, and late payment consequences

7. Guarantee Period: Defines the period during which replacement candidates will be provided if initial placement fails

8. Agency Obligations: Lists the agency's responsibilities in candidate screening, presentation, and placement process

9. Client Obligations: Specifies client's responsibilities including providing accurate job descriptions and timely feedback

10. Confidentiality: Addresses the handling of confidential information exchanged during the recruitment process

11. Term and Termination: Specifies the duration of the agreement and circumstances for termination

12. General Provisions: Includes standard legal clauses such as governing law, notices, and entire agreement

Optional Sections

1. Retained Search Services: Include when offering exclusive search services with upfront and milestone payments

2. Volume Discounts: Include when offering reduced fees for multiple placements

3. International Placements: Include when services cover international recruitment and associated requirements

4. Temporary to Permanent Conversion: Include when offering temporary staff conversion to permanent positions

5. Non-Solicitation: Include when restricting client from directly hiring agency staff

6. Psychological Assessment Services: Include when offering additional candidate assessment services

7. Reference Checking Services: Include when providing detailed reference checking as a separate service

8. Database Access: Include when providing client access to agency's candidate database

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, including placement percentages for different salary bands

2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards

3. Schedule 3 - Placement Process: Detailed steps of the recruitment and placement process

4. Schedule 4 - Replacement Policy: Detailed terms and conditions of the candidate replacement guarantee

5. Appendix A - Position Requirements Template: Standard template for clients to specify job requirements

6. Appendix B - Candidate Presentation Format: Standard format for presenting candidate profiles to client

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























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Relevant Industries

Professional Services

Technology

Healthcare

Financial Services

Manufacturing

Retail

Education

Mining

Construction

Telecommunications

Legal Services

Consulting

Government

Non-profit

Relevant Teams

Human Resources

Legal

Finance

Procurement

Operations

Executive Leadership

Talent Acquisition

Administration

Compliance

Business Development

Relevant Roles

HR Manager

Talent Acquisition Manager

Recruitment Manager

Legal Counsel

Business Development Manager

Operations Manager

Chief Human Resources Officer

Hiring Manager

Finance Manager

Contract Administrator

General Counsel

Managing Director

HR Business Partner

Procurement Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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