Terms and Conditions
Domestic workers referred to in these Terms of Business include but are not limited to Nannies, Babysitters, Mothercraft/Tresillian Nurses, Temporary Day Nannies, Temporary Live-in (Proxy Parents) AuPairs, Live-in Nannies Housekeepers, Cleaners, Executive Housekeepers, Estate Managers, Chefs, Butlers, Drivers, Carers, Companions, Nurses and Party Helpers.
Nannies & Helpers Pty Ltd, Platinum Housekeeping, Platinum Party People, Carers & Companions herein after referred to as “the agency”.
We ask for a signed acceptance of our Terms of Business and Agency fees.
All agency fees are non-refundable.
2. AGENCY INTRODUCTION FEES
- An agency fee applies to the engagement by a client of any candidate introduced by Nannies & Helpers Pty Ltd hereafter termed “the Agency”.
- The agency fee becomes due and payable when the Candidate introduced by the Agency accepts an offer of employment from the client either verbally or in writing (not the date of commencement).
- A registration/search fee may be requested to list a position.
- The agency fee is payable in full at confirmation of successful placement.
- For all temporary and casual placements the agency fees will be charged at the end of the month or end of the job (or otherwise confirmed in writing).
- All agency fees are payable by credit card (unless prior arrangements are made). If an invoice is issued then payment must be received within 7 days from the date of invoice and prior to the commencement of candidate.
- Agency fees (unless otherwise agreed) will be debited to a nominated credit card.
- Fees may change at any time without prior notice.
3. CANCELLATION POLICY
- Should the candidate arrive to commence a shift, and no notification has been given to the agency of a cancellation, 3 hours (minimum booking time) of the babysitters rate and 4 hours (minimum booking) for temporary nannies, mothercraft nurses, cleaners & housekeepers) is required to be paid to the candidate, and full agency fee will be invoiced.
- When a temporary booking has been confirmed to the client by Nannies and Helpers and is subsequently cancelled by the client – the agency fee will be payable.
Public Holiday and Weekend Bookings
- 24 hours notice prior to close of business on Friday to the agency is required should a booking on a on a weekend or public holiday need to be cancelled. Cancellations made after that will incur the full agency fee.
4. CLIENT INTRODUCTIONS
Nannies & Helpers Pty Ltd acts as a referral agency on behalf of our clients. Candidates are not employees of Nannies & Helpers Pty Ltd.
All successful candidates who are engaged on a temporary, casual, part-time for full time basis are employees of the client and are deemed to be in an employer: employee relationship.
- Candidate introductions are strictly confidential
- If a client passes on the name of a candidate to a relative, friend or acquaintance which results in the candidate gaining work with a third party then the client is liable for the agency fee. No trial periods applicable.
- If an offer of employment is made by a client to a candidate (whether as a temporary, casual, part-time or full-time candidate referral) as a result of an introduction by Nannies & Helpers Pty Ltd within 12 months from the last introduction then the agency fee applies.
- If a candidate introduced by Nannies and Helpers to a Client approaches, applies for, or offers themselves for employment with the Client within a period of 12 months from the original introduction then an agency fee applies.
- All introductions whether verbal or written are confidential between the client and Nannies & Helpers.
- The agency will conduct screening and reference checking to confirm qualifications and employment experience. Details of screening and reference checking are confidential between the referee, candidate and Nannies & Helpers. We encourage all clients to complete their own reference checks to satisfy themselves as to the suitability of the candidate. Contact details for referees should be obtained directly from the Candidate.
5. REPLACEMENT POLICY – Full & Part-time Candidates
- An agreed replacement period applies to all part-time and full-time placements.
- The agency replacement policy applies to all part-time and full-time placements.
- If an agency fee has not been received then no trial period applies.
- If a placement fee has not been received and the position has been terminated by the client, a daily casual fee will apply for the period that candidate was retained by the client.
- Agency fees are non-refundable
- If an employee leaves the clients employment within the agreed trial period: the agency will provide one replacement candidate only (from a suitable selection) and at no additional cost. The Agency will make all reasonable attempts to replace the employee and the replacement will be of the same caliber to fit the original job description.
- Should the original job specification or client requirements change, a further fee will be charged
- The replacement will be offered provided the employee has not left due to unreasonable conditions or due to significant changes to original job description, change to salary or days/hours of employment.
Replacement is subject to the following:
- The agency must be notified in writing of an unsatisfactory candidate within the trial period. This notification must be received by the agency a minimum of 7 days prior to completion of trial period.
- Agency fees must be paid in full.
Specific advertising will be placed only with client written approval and the client will be invoiced for this cost.
7. CLIENT OBLIGATIONS
- Whilst the Agency takes every care to personally interview suitable Candidates and obtain references, it is the Client’s responsibility to satisfy themselves as the qualifications, references and suitability of the Candidate for employment. The Agency accepts no responsibility and excludes liability for any loss, damage, expense of delay resulting from the Agency’s introduction or provision of services or from the acts, omissions or conduct of staff introduced by the Agency.
- Salary should be agreed between the employer and the employee and confirmed in writing. The Employee should have a job description and contract of employment. The Agency is happy to assist with this.
The Employer is responsible for deducting taxation, remitting to ATO and providing a PAYG Payment Summary.
- Fair Work Australia
Whilst there is no Award for Domestic Employees, all workers in Australia are covered by a safety net of minimum terms and conditions of the National Employment Standards under Fair Work Australia.
Domestic workers who work more than 30 hours per week are entitled to superannuation at the current specified rate Certificate and remitting superannuation to the employees nominated superannuation fund as applicable.
- Occupational Health & Safety
As an employer, you have an obligation under Occupational Health & Safety legislation to provide a safe working environment within the workplace (your home). This includes inducting your domestic employees to your home environment and consulting with your domestic employees to identify and rectify any hazards to ensure a safe working environment.
- Domestic Workers Compensation
From June 30, 2008 you will now need to take separate insurance policy to cover Domestic Employers who earn more than $7,500 per annum. Nannies and Helpers strongly recommend that you take out separate insurance to cover your domestic staff. If you neglect to take out Domestic Workers Compensation you will be leaving yourself exposed to Medical Expenses etc and penalties and fines imposed by Workcover.
Domestic Staff who earn less than $7,500 per annum will be deemed to be covered by the Workcover. In the event of a claim, you will be required to pay an administration fee for the claim. Please contact your insurance company for more information.
8. PROBATION PERIOD
Under Fair Work Australia there is a statutory 3 month probation period from commencement of employment.
9. EMPLOYMENT TERMINOLOGY
- Temporary: engaged on a short-term, once off basis. The Employee is paid by the hour and paid at the end of the shift. Rate includes loading for annual & personal leave. Superannuation as applicable.
- Casual: engaged and paid on an hourly basis. Hourly rate includes loading for annual & personal leave. There is no expectation on the part of the employer or employee that the work will continue. The Employee is paid only for hours worked. The Employee is entitled to superannuation.
- Part-time: (Usually 1-4 days per week) Employee is engaged on a continuing basis and can expect the employment to continue for a reasonable time. The Employee is engaged for the same period of time on regular days. The Employee is paid at the end of the week (or as agreed with the employer). The Employee is entitled to pro rata annual leave and sick leave. Superannuation is applicable if working more than 30 hours per week.
- Full Time (usually 5 days per week): Employee is engaged on a continuing basis and can expect the employment to continue for a reasonable time. The Employee is engaged for the same period of time on regular days. The Employee is paid at the end of the week (or as agreed with the employer). The Employee is entitled to superannuation if working more than 30 hours per week and entitled annual leave and sick leave.
The Agency shall not be responsible or liable for any breach by the candidate of the terms of engagement or for any other act or omission whether willful, negligent or otherwise.
All information is presented in good faith and on the basis that neither Nannies & Helpers nor their agents or employees, are liable, for any error, omission, negligence, lack of care or otherwise, to any person for any damage or loss whatsoever which has occurred or may occur in relation to that person taking or not taking, as the case may be, action in respect of any statement, information or advice given in our material.