All Business conducted by Sielicki Group Pty Ltd t/as BND Appointments (herein after referred to as BND Appointments ) is transacted subject to these terms.
These Terms of Business become effective when you, our client, engage one of our services, after having received a copy of this document.
1. PERMANENT RECRUITMENT ASSIGNMENTS
1.1 Permanent Recruitment Process
After verbal confirmation of the Permanent Recruitment Assignment, and after the client having received a copy of this document, the BND Appointments consultant will commence the following process:
1.1.1 Research the position and the client – the breadth, depth and reasons why good candidates will want to work there.
1.1.2 Advertise, depending on the nature of the assignment, on the BND Appointments website, Seek, MyCareer, NPA Exchange, Link Me and relevant print media (print media as first discussed and agreed with the client).
1.1.3 Search the BND Appointments candidate database and benchmark those candidates against those referred by colleagues, affiliates and advertising. Confidential approaches to candidates who would not otherwise be seeking alternative employment (“head-hunting”) may also commence at this point depending on the nature of the assignment and the recommendations of BND Appointments consultants.
1.1.5 Screen, interview and re-interview those candidates who appear to fit our client’s technical, motivational and cultural requirements.
1.1.6 Validate candidates’ technical competencies, qualifications, previous performance and psychological profiles, depending on the nature of the assignment
1.1.7 Recommend our preferred (shortlisted) candidates, cross-referencing the essential and desirable criteria, and work with the client to negotiate a final offer. Respectfully and professionally advise all unsuccessful candidates who were in contention for the position.
1.1.8 Follow-up, including regular communication with both the client and the successful candidate.
1.2 Replacement Guarantee
A guarantee period of 90 days from commencement of employment applies for all permanent placements (unless otherwise stated). The guarantee provides that if the cessation of employment is due to unsatisfactory performance they will be replaced at no additional fee. However the guarantee will be void if due to redundancy, company closure, change to working premises, or as a result of a significant change in the position description or terms of engagement. The guarantee is subject to invoice payment within 14 days from date of invoice and does not cover additional advertising that may be required (at BND’s Discretion), or provide for a refund. In the event that no suitable replacement can be found within four weeks, a credit for the full amount of the fee will be provided. The credit will be valid for six months.
1.3.1 BND Appointments will charge a Permanent Placement Fee to the client as indicated in the Permanent Recruitment Engagement Letter.
1.3.2 For all assignments the Placement Fee is based on the total annual remuneration package of the successful candidate, inclusive of superannuation and vehicle (where applicable). Where it is not detailed in a Letter of Appointment, vehicles are packaged at $13,000 for billing purposes.
1.3.3 For exclusive assignments not supported by a retainer that are cancelled by the client (which includes a change in the assignment brief or the filling of the position internally or from another source) we reserve the right to charge a Service Fee that is due and payable as follows:
- Prior to shortlist presentation: $516 + GST
- Post presentation of shortlist: One third of quoted Permanent Placement Fee
This Service Fee covers BND Recruitment’s basic administrative costs and the Service Fee is driven by the actions of the client.
1.3.4 A Placement Fee is payable for BND Appointments Temporary Employees who accept a permanent position with you. The standard Permanent Placement Fee will be charged as per the schedule in clause 2.3.7.
1.3.5 A Placement Fee applies where BND Appointments places a person to work directly for you, as your Employee, on a contract basis. The standard Permanent Placement Fee will be charged.
BND Appointments Permanent Placement Fee Structure
NB. Fees and expenses are subject to change without notice. Advertising expenses will be charged at the time of placement, as per negotiations.
Salary package is deemed to be inclusive of annual salary, superannuation payments and any car provisions as details in clause 1.3.2.
1.3.6 The client agrees to pay the amount invoiced by us in accordance with the terms set out in the invoice and our Terms of Business
1.3.7 If you fail to pay any company of The BND Group Pty Ltd any amount by the due date, you the client will be liable for all costs, fees, charges and disbursements, including collection agency commissions and solicitor/client costs incurred by us in recovering the amount due (“collection charges”) and agree to The BND Group Pty Ltd or any of its subsidiaries providing details of Payments which become overdue more than 60 days and for which debt collection action has started to any credit reporting agency.
1.3.8 Agreement that The BND Group Pty Ltd or any of its subsidiaries may seek consumer credit information (Section18K (1)(b), Privacy Act 1988)
If The BND Group Pty Ltd or any of its subsidiaries considers it relevant to assessing my/our application for
commercial credit, I/we agree to The BND Group Pty Ltd or any of its subsidiaries obtaining from a credit reporting agency a credit report containing personal credit information about me/us in relation to commercial credit provided by The BND Group Pty Ltd or any of its subsidiaries.
1.3.9 Exchanging information with other credit providers (Section 18N (1) (b), Privacy Act 1988)
I/we agree to The BND Group Pty Ltd or any of its subsidiaries obtaining personal information about me/us from other credit providers, whose names I/we may have provided for The BND Group Pty Ltd or any of its subsidiaries or that may be named in a credit report, for the purpose of assessing my/our application for commercial credit made to The BND Group Pty Ltd or any of its subsidiaries.
1.3.10 Agreement to a credit provider being given a consumer credit report to collect overdue payments on commercial credit (Section 18K 1(h) Privacy Act 1988)
2. TEMPORARY RECRUITMENT ASSIGNMENTS
2.1 Placement Guarantee
If any BND Appointments temporary employee proves to be unsuitable you, our client, must notify BND Appointments within four hours of his/her commencement of work and BND Appointments will provide a replacement as soon as possible.
Failure to notify BND Appointments will be deemed to constitute acceptance of the suitability of the temporary employee supplied and of liability to make payment for his/her services. Where the assignment is cancelled for reasons other than the suitability of the temporary employee a minimum of four hours per assignment will be charged for each temporary employee.
2.2 Temporary Employee Charges
2.2.1 BND Appointments is responsible for the payment of all temporary employees and for all deductions and payments of statutory levies including income and payroll tax, annual leave, leave loading, public holidays, sick leave, any relevant PAYG, superannuation, workers compensation, professional indemnity and public liability insurance.
2.2.2 The hourly rates that BND Appointments will charge you are set out in the BND Appointments Temporary Assignment Confirmation. Note that hourly rates are payable in accordance with the relevant Award, NAPSA or Site/Enterprise Agreement.
2.2.3 BND Appointments rates are subject to change without prior notification, if such change is necessitated by such factors as Statutory increases, variation of position responsibilities or market increases. Any change would be submitted to you in an amended Assignment Confirmation.
2.2.4 BND Appointments reserves the right to negotiate pay rates for temporary employees.
2.2.5 BND Appointments endeavours to keep rates as low as possible and as we pay temporary employees on a weekly basis, payment of our invoices is required seven days from the date of issue. Amounts exceeding our 7-day terms will accrue a late payment fee of $29 (twenty five dollars) per day excluding GST per temporary employee.
2.2.6 The client’s authorisation of the timesheet is acceptance of the hours worked. BND Appointments will attach an authorised timesheet to each invoice to assist you with processing.
2.2.7 All invoices for services provided will indicate the hours worked, the charge rates applicable and the calculated final cost of the service.
2.2.8 The (temp/contract or perm) employment of any candidate that BND Appointments has introduced to the client Company, any affiliate, subsidiary company or company with common directors within a 12-month period from the date of introduction with the client company is subject to our standard fee detailed in our Schedule of Fees for a perm or contract placement. For temporary placements, fees will be charged inclusive of candidate hourly rate plus on costs and administrative fees of 15% of the hourly rate and oncost being offered to the candidate.
2.3.1 The client acknowledges that we are not performing the services set out in the assignment description; but are instead the supplier of our temporary employees, at your request, to perform the work that you have described in the assignment description.
2.3.2 Whilst on an assignment, our temporary employees will be under your day-to-day control and you will be responsible for their supervision in a manner consistent with our obligations to our employees under the relevant documentation supplied by BND Appointments labelled Terms of Engagement in the Temporary and contract registration form..
2.3.3 We reserve all other rights to control the employment relationship of our temporary employees who are our employees, including the right to terminate the employment relationship with the employee.
2.3.4 If the client wishes to transition one of our temporary employees from temporary to permanent employment the client will first speak to BND before doing so. This transition is subject to the transition schedule of fees listed in clause 2.3.7.
2.3.5 If the client is not satisfied with one of our temporary employees and wants a replacement, the client will first speak to us directly about replacement of our temporary employees.
2.3.6 If the client is not satisfied with one of our temporary employees, but does not want our temporary employee replaced, the client may speak to our temporary employee in order to give any reasonable instruction, provided that the client contact BND Appointments as soon as reasonably practicable to discuss the matter.
2.3.7 Temporary to Permanent Placements Schedule of Fees
Discounts to our permanent fees for temporary personnel who are offered a permanent position of employment with our clients are as follows:
Length of Temporary Assignment
Transition Fee to Be Paid
0 – 3 months
100% of Permanent Placement Fee
3 – 6 months
75% of Permanent Placement Fee
6 – 9 months
50% of Permanent Placement Fee
9 – 12 months
25% of Permanent Placement Fee
12 months +
0% of Permanent Placement Fee
The fees mentioned above will be charged based on the permanent schedule of fees listed in clause 1.3.5. Where the salary offered to the candidate is above $70,000 P/A inclusive of super and car provisions, the placement feel will be calculated at 13% of total package offered to the candidate.
2.4.1 The client is required to advise BND Appointments immediately when there is any change in job description, work required or safety consideration of the temporary employee.
2.4.2 The client is responsible for the provision of safe working conditions in accordance with the provisions of the OHS Act 2000 and the OHS Regulation 2001. Any equipment that is used by a temporary employee must also comply with current safety standards and the client agrees to indemnify BND Appointments against any claim in the event of negligence by the client being proven in the event of any injury or accident. Under the OHS Regulation 2001 Part 4.2 Work Premises: Division 1: Sections 34-38 the client agrees to provide adequate training and supervision to temporary employees and provide BND Appointments with all information pertaining to the position description and relevant hazard/risk management strategies in place to control risk of injury.
2.4.3 The client is responsible for the maintenance of reasonable insurance cover in respect to any claim which the temporary employee may have against the client arising from the client's occupation of premises, any act or omission of the client in relation to machinery, equipment or vehicles used by the temporary employee.
2.4.4 The temporary/contract employee shall not be entrusted with or be placed in a position where they will have access to the handling of money, securities, valuables, negotiable documents, confidential information or any other knowledge/duties of a sensitive and protected nature of the client, except at the sole risk of the client. The client indemnifies The BND Group and all subsidiary companies, directors and staff from any loss or damage incurred to the client in relation to the abovementioned criteria provided by the client or any agent of the client to the employee. This includes but is not limited to any form of gross misconduct or fraudulent acts performed by the placed candidate who will remain personally liable.
2.5 General matters and other responsibilities
2.5.1 The client agrees not to on-hire or re-supply our temporary employees to any other person or organisation.
2.5.2 The client agrees not to allocate tasks or responsibilities to our temporary employees or require our workers to perform or participate in work, other than in accordance with the relevant assignment description.
2.5.3 The client agrees not to request our temporary employees to perform or participate in any work or use any equipment with which our temporary employees, or their employees or agents, are unfamiliar or which they are unqualified or have not received adequate recognised training.
2.5.4 The client agrees to comply with all relevant legislation, including legislation relating to workplace or occupational health and safety, discrimination and harassment.
2.5.5 The client agrees to inform our temporary employees and us promptly of any unusual workplace risk or practice or of any change in site or safety conditions that may present a hazard to our temporary employees.
2.5.6 If a BND Appointments temporary employee suffers an injury on the client site that is compensable under any law relating to workers compensation or occupational health and safety, then the client agrees to assist with the rehabilitation of that temporary employee by providing suitable work (including light duties). BND Appointments is to be notified by the client within 24 hours of any working related incident involving a temporary employee provided by BND Appointments .
3. EXCLUSIONS AND INDEMNITY
3.1 We make no representation or guarantee that any of our temporary employees or recommended candidates will achieve a certain level of performance, achieve a certain outcome, solve a particular problem or attain a specific goal.
3.2 BND Appointments temporary employees may be replaced if their ability to function effectively and safely is limited, in which case we may replace them with another temporary employee.
3.3 BND Appointments temporary employees may refuse work if it reasonably appears that the working environment is or has become unsafe for any reason, including but not limited to the client:
- having not established safe work procedures;
- not complying with safety standards;
- not maintaining plant and equipment; or
- not complying with any relevant health or safety legislation or regulations.
3.4 BND Appointments will not be liable to the client in respect of any damage, loss or injury of whatsoever nature or kind, however caused, whether by our negligence or by the negligence of one of our temporary employees or recommended candidates, their servants or agents or otherwise, which may be suffered or incurred, whether directly or indirectly, in respect of the services provided under the conditions as set out in this document.
3.5 The client will indemnify BND Appointments to the full extent of BND Appointments liability for all damages, compensation (including damages and compensation for personal injury to or the death of one of our temporary employees or to any other person whatsoever), expenses, interest, and costs that we may have to pay to any person, as a result of any damage, loss or injury that has been caused by or contributed to, in any material degree, whether directly or indirectly, by:
- a breach by the client of any obligations as set out in this document.
- any act, error or omission of the client or the client’s employees, agents or servants
- or your clients including, without limitation, any act, error or omission that may contravene the provisions of any legislation.
4. CANDIDATE CONFIDENTIALITY
All candidate information is confidential information provided to the client for the sole purpose of enabling the client to determine the suitability of a candidate for employment. The client agrees to keep such information confidential and will not use it for any other purpose other than the purpose for which it was sent. As per the conditions of the Privacy Act, under no circumstances should the client contact referees, present or past employers of the candidate without the express permission of the candidate or BND Appointments . Such actions could expose BND Appointments and the client to litigation, which the client agrees to indemnify and make restitution for said acts to and for The BND Group and all subsidiary companies, directors and staff in such a case arising.
5. OUR COMMITMENT TO YOU
- We will not compromise on the quality of people that we recommend to you, our client.
- We will notify you promptly if we are unable to fulfil the requirements of an assignment.
- We will conduct ourselves professionally, with the utmost honesty and integrity at all times.