Casual employment agreement
This Casual Employment Agreement is made between MyGig Workforce Pty Ltd (ABN 20 692 462 856) (the Employer) and you (the Employee). By signing this agreement, you acknowledge and agree to the following terms and conditions:
- Application. This Agreement will apply to your employment with the Business, including all work performed by you on assignment with a client of the Business (Client).
- Commencement. Your employment will commence when you first begin work for the Business on assignment with a Client (Commencement Date). You will be deemed to have accepted the terms of this Agreement, regardless of whether you have signed it, if you accept or work on an assignment with a Client after receiving a copy of this Agreement.
- Engagement. You will be employed by the Business as a casual on-hired employee. Each engagement will be regarded as separate and distinct employment, and your employment will terminate at the end of each engagement.
- You are employed on an as-required basis according to the needs of the Business, with no firm advance commitment for ongoing or indefinite work.
- You have accepted the offer of employment and any assignment on this basis.
- The Business can choose whether to offer you work based on its needs.
- You can accept or reject any work offered.
- This contract does not imply an expectation or intention of an ongoing employment relationship.
- The Business may direct where and how you will perform work on any assignment. You are expected to perform the accepted work as described on the Business’s platform, unless directed otherwise. You must comply with the lawful directions of the Business and the Client when on assignment. Assignment lengths may vary based on Client needs, consistent with casual employment. The Business may change or terminate any assignment without notice or reason. Termination of an assignment by the Business does not constitute termination of employment with the Business. There is no obligation on the Business to offer you future assignments or to ensure the terms of new assignments match previous ones. The employment relationship exists solely between you and the Business, not between you and any Client of the Business.
- Ability To Undertake Work. You warrant that you are fit for work and do not have any physical or psychological conditions that may affect your ability to work. Notify the Business promptly of any change in your condition. You confirm that representations about your qualifications and experience are true and accurate. You warrant that you have the right to work in Australia, including notifying the Business of any restrictions (such as visa restrictions). If requested by the Business, you agree to undertake medical, police, or working with children checks, with ongoing employment conditional upon satisfactory results. You confirm you are free from prior restraints on your employment with the Business. To the extent permitted by law, you confirm that: (a) You have not been convicted of any offence impacting job performance. (b) You are not under investigation by any government or law enforcement agency. (c) There are no pending proceedings that may lead to conviction affecting job performance.
- Policies and Procedures. You agree to: (a) Familiarise and comply with the Business’s and Client’s policies. (b) Understand that the Business’s policies prevail in case of conflict with the Client’s policies. (c) Accept that policies may be updated or changed at the Business or Client’s discretion. (d) Understand that non-compliance may result in disciplinary action up to termination.
- Hours of Work. You will be advised of your hours for each assignment. Hours may change based on the Business’s or Client’s needs. Record time accurately and submit timesheets as directed to ensure timely payment. Falsification of timesheets may lead to disciplinary action. Overpayments due to timesheet errors must be repaid, including interest and administration costs.
- Location. You will be informed of your work location for each assignment, which may change based on needs.
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Remuneration. The Business will inform you of your hourly pay rate for each assignment. Your rate includes casual loading and satisfies statutory entitlements. Payment above statutory rates may offset future entitlements unless specified otherwise. If deemed as anything other than casual employment, the Business reserves the right to offset any overpaid casual loading against required statutory pay. The hourly rate of one assignment does not guarantee the same rate for future assignments. Provide correct bank details and promptly inform of any changes. Payment, net of taxes, will be made weekly into your bank account.
Deductions. The Business may deduct from your pay any overpaid amounts, loans, or other amounts owed by you to the Business, with written authorizations provided as needed. You will be informed in writing of any deductions made.
- Superannuation. The Business will contribute to your superannuation as required by law. Provide superannuation details before the Commencement Date, if applicable. If no fund is specified, contributions will be made to a default fund, as required by law.
- Public Holidays. The Business may request work on public holidays.
- Notification. Notify the Business promptly if you cannot attend work, expect to be late, or if there are any changes to your details. Report grievances to the Business, not the Client, unless authorized.
- Attire. Dress neatly and professionally in accordance with Business or Client requirements.
- Occupational Health and Safety. Follow applicable Occupational Health and Safety legislation, Business policies, and Client procedures. You may be stood down if considered unfit for work, including if affected by drugs or alcohol, and may be required to undergo testing.
- Other Employment. You must not undertake conflicting work without the Business’s consent. As a casual employee, additional work is permitted unless there are safety or conflict-of-interest concerns.
- Privacy. The Business may collect, use, and disclose your personal information as necessary for business and employment operations. By accepting this Agreement, you consent to necessary external transfers of your information.
- Confidential Information. Do not disclose or use the Business’s or Client’s Confidential Information except as required by law or with written consent. Confidential Information must be returned upon employment termination or at the Business’s request. These obligations continue after employment ends.
- Intellectual Property. Assign all intellectual property created during employment to the Business. Perform necessary actions to protect the Business’s rights in intellectual property created by you. Client intellectual property obligations mirror those owed to the Business.
- Termination. You may terminate your casual engagements at any time, and the Business may do so at its discretion.
- Obligations on Termination. Return all Client property upon assignment end, and all Business property upon employment termination, including Confidential Information.
- Previous Understandings and Agreements. This Agreement supersedes all previous employment agreements.
- No Waiver. The Business’s rights under this Agreement are not waived by any delay or failure to enforce them.
- Reference to Laws. Compliance with applicable law is required but not incorporated into this Agreement.
- Severability. If any provision is found unenforceable, it does not affect the enforceability of other provisions.
- Governing Law. This Agreement is governed by and construed in accordance with the laws of New South Wales.
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Definitions.
Confidential Information includes trade secrets, customer data, and other proprietary information of the Business or Client.
Intellectual Property Rights include all rights created or generated by you in the course of your employment.
If you have questions about the terms, please contact us.