The Staffing Agency Contract With Client is essential for businesses operating in Australia that engage staffing agencies to fulfill their workforce needs. This document is designed to comply with Australian federal and state employment laws, workplace safety regulations, and privacy requirements. It is used when a company needs to formalize its relationship with a staffing agency for temporary staffing, permanent placement services, or both. The contract covers crucial aspects including service scope, compliance requirements, fee structures, workplace safety obligations, insurance requirements, and risk allocation. It protects both the staffing agency and the client while ensuring clear understanding of responsibilities and expectations in the staffing relationship. The agreement is particularly important given Australia's complex regulatory environment around employment and labour hire arrangements.
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1. Parties: Identifies the staffing agency and the client, including their legal names, ABNs, and registered addresses
2. Background: Outlines the context of the agreement, including the agency's business nature and client's staffing needs
3. Definitions: Defines key terms used throughout the agreement, including 'Candidate', 'Placement', 'Temporary Staff', 'Permanent Placement', etc.
4. Services: Details the recruitment and staffing services to be provided, including temporary staffing, permanent placement, and other agreed services
5. Agency Obligations: Specifies the agency's responsibilities including screening, compliance checks, and ongoing management of temporary staff
6. Client Obligations: Outlines client responsibilities including workplace safety, supervision, and cooperation with the agency
7. Fees and Payment Terms: Details fee structures, payment terms, and conditions for both temporary and permanent placements
8. Workplace Health and Safety: Addresses WHS obligations, incident reporting, and risk management responsibilities
9. Confidentiality and Privacy: Covers handling of confidential information and personal data protection requirements
10. Insurance and Liability: Specifies insurance requirements and allocation of liability between parties
11. Termination: Details circumstances and processes for terminating the agreement or individual placements
12. General Provisions: Includes standard legal clauses such as governing law, dispute resolution, and entire agreement
1. Conversion Fee: Details fees payable if the client directly employs temporary staff - include when the agency wants to protect against direct hiring
2. Performance Guarantees: Specifies replacement provisions for unsatisfactory candidates - include for permanent placement services
3. International Placements: Addresses cross-border placement requirements - include if international staffing is offered
4. Intellectual Property: Covers IP rights and ownership - include when placements involve creation of intellectual property
5. Non-Solicitation: Prevents client from hiring agency staff - include when protecting against poaching of internal staff
6. Volume Discounts: Specifies discounted rates for high-volume placements - include for large-scale clients
7. KPIs and Service Levels: Defines performance metrics - include for major clients or managed service arrangements
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, margins, and payment structures
2. Schedule 2 - Service Specifications: Detailed description of services, including recruitment process and service delivery standards
3. Schedule 3 - Workplace Requirements: Client's specific workplace policies, procedures, and requirements
4. Schedule 4 - Insurance Requirements: Detailed insurance requirements and certificates of currency
5. Schedule 5 - Reports and Documentation: Templates and requirements for regular reporting and documentation
6. Appendix A - Client Sites: List of approved client locations where services will be provided
7. Appendix B - Agreed Personnel: List of key contact persons and authorized representatives from both parties
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