Thank you for your interest in submitting an application to Peopleconnexion (Peopleconnexion Recruitment Pty Ltd and/or Peopleconnexion (PNG) Limited).

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using www.peopleconnexion.com (“the website”, the “Service”) operated by Peopleconnexion (“us”, “we”, or “our”) or submitting an application to Peopleconnexion.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing the Peopleconnexion website or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms you may not access the Service, and your application will not be processed by Peopleconnexion. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

We reserve the right to update and change these terms from time to time, so please ensure you check this page regularly to understand how the Terms of Use may have changed and whether these changes affect you.

Privacy

We are a registered member of the RCSA, the recruitment industry’s formal association in Australia. As a member of this association, we are committed to upholding the highest standards in the industry, especially in regards to privacy. Please ensure you read and understand our Privacy Policy and your rights to privacy. By agreeing to our Terms of Use, you acknowledge that you have read and understand our Privacy Policy.

Registration

By submitting an application through the website, you authorise the automatic creation of a Peopleconnexion website profile on your behalf. You will be sent an email following your application requesting you validate this account in order to complete registration. This online profile will allow you to update your details at any time, set up job alerts and send up-to-date information through to the Peopleconnexion team.

Should you not wish to access your online account, you are welcome to leave your account unvalidated. The account information will not be passed onto the Peopleconnexion team or our database, and will only exist in the server held by our website provider. If you wish to delete this information, please email admin@peopleconnexion with the subject line Please Delete My Peopleconnexion Account, including your full name and email address in the body of the email.

Please note: The information you submitted into the application form filled out by you, or information you consent to provide via an ‘Apply With LinkedIn’ application will still be passed onto the Peopleconnexion team for review, and will be stored confidentially in the Peopleconnexion database. If you wish to delete this information (and in doing so, formally withdraw your application/s), please follow the steps below under ‘Termination of registration by you’.

Termination of registration by Peopleconnexion

Peopleconnexion reserve the right to terminate your website account at any time, on reasonable grounds (for example, suspicion of fraudulent information or malicious intent). Where reasonable, Peopleconnexion will provide you with notice of your termination, including any relevant reasoning behind the termination decision.

Termination of registration by you

If you wish to delete your profile, you may do so by logging into your profile (https://www.peopleconnexion.com/member/login.aspx ) and then clicking the Close Account button on your dashboard.

To delete all of the information stored on the Peopleconnexion database (including any personal details you have provided, records of applications, any copies of your CV or cover letters), please email admin@peopleconnexion.com with the subject line Deletion Request: Please Delete My Data. In the body of the email, you should provide your full name and the email address you used to submit your application/s.

If you never validated your profile, but still wish to formally delete it, you may do so by following the steps in the paragraph above and emailing admin@peopleconnexion.com

Intellectual Property

All copyright, trademarks, design rights, patents, and other intellectual property (whether registered or unregistered) on the Peopleconnexion website and related documentation belong to Peopleconnexion, with all rights reserved.

Other than content you own, which you may have opted to include on this website, under these terms, Peopleconnexion and/or its licensors own all rights to the intellectual property and material contained in this website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these terms, for purposes of viewing the material contained on this website,

There is no clause in the Terms of Use that grants you a right of licence to use any trade mark, design right or copyright owned or controlled by Peopleconnexion or any other third party except as expressly provided in the Terms or with the written consent of a Peopleconnexion representative.

Please contact admin@peopleconnexion.com if you wish to obtain this written consent for republication of material.

Restrictions

You are expressly and emphatically restricted from all of the following without written permission from an authorised Peopleconnexion representative:

  • publishing any website material in any media;
  • selling, sublicensing and/or otherwise commercializing any website material;
  • publicly performing and/or showing any website material;
  • using this website in any way that is, or may be, damaging to this website;
  • using this website in any way that impacts user access to this website;
  • using this website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website, or while using this website;
  • using this website to engage in any advertising or marketing;

Certain areas of this website are restricted from access by you and Peopleconnexion may further restrict access by you to any areas of this website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this website are confidential and you must maintain confidentiality of such information.

Website Content

This website is provided “as is,” with all faults, and Peopleconnexion makes no express or implied representations or warranties, of any kind related to this website or the materials contained on this website. Additionally, nothing contained on this website shall be construed as providing consult or advice to you.

In no event shall Peopleconnexion, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Peopleconnexion, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

You hereby indemnify to the fullest extent Peopleconnexion from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability & Variation of Terms

If any provision of these terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Peopleconnexion is permitted to revise these terms at any time as it sees fit, and by using this website you are expected to review such terms on a regular basis to ensure you understand all terms and conditions governing use of this website.

Peopleconnexion shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these terms.

Entire Agreement

These terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between Peopleconnexion and you in relation to your use of this website, and supersede all prior agreements and understandings with respect to the same. These terms will be governed by and construed in accordance with the laws of the State of Queensland, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Queensland, Australia for the resolution of any disputes.

DEFINITIONS & INTERPRETATION SCHEDULE

Annualised Gross Remuneration (“AGR”) -means the annualised (or in the case of a seasonal worker, seasonalised) sum of all remuneration payable to a Candidate hired or engaged (and if part-time, calculated as though on a full-time basis), including any benefit that forms part of the consideration payable to the Candidate for the hiring or engagement including but not limited to all salary, payments and other taxable emoluments including pension/superannuation payments, company vehicle or vehicle allowance, accommodation and living allowances, and estimated bonuses or commissions.

our Candidate -means a person:

  1. who is seeking a Position through us; or
  2. whom we have identified as a person:
  1. who might consider seeking a Position through us; and
  2. about whom we can provide relevant information regarding that person’s availability or suitability for a Position;

and includes an On-Hire Candidate.

Contingent basis –refers to the supply of our Placement Services on the basis that we are only paid a fee if one of our Candidates obtains a Position with you (or with someone to whom you have passed on personal information about that Candidate without our consent).

Employ –includes engage as an independent contractor, working director or officer or in any remunerated or stipended Position and additionally includes engagement via a Freelancing or Gig Economy Platform, and engagement in a volunteer Position if you expressly request our Talent Management Services to assist you to fill a volunteer Position.

Employment Premium -

  1. means any fee or charge of a type that is prohibited by the applicable provisions of the:
    1. Agents Act 2000 (ACT) Div. 5.8  s. 96
    2. Employment Agents Act 1976 (WA) s. 34 and s. 36
    3. Employment Agents Registration Act 1993 (SA) s. 20
    4. Fair Trading Act 1987 (NSW) Part 4 Div. 3 see s. 49
    5. Industrial Relations Act 2016 (Qld)  s. 931
    6. Private Employment Agents Act 2005 & Private Employment Agents (Code of Conduct) Regulation 2015 (Qld )  Sched. 1 Div. 3;
    7. Wages Protection Act 1983 (NZ) s. 12A
    8. any amendments to or any replacement legislation to the above noted statutes; and
    9. and in any additional local or foreign laws that apply to the charging of fees and charges to workers; and
  2. includes Recruitment Fees and Related Costs, which are more specifically described below and which refer to any or all fees, charges, expenses or financial obligations incurred in the recruitment process in order for workers to secure employment, regardless of the manner, timing or location of their imposition or collection, and whether they are deducted from wages, paid back in wages or benefit concessions, remitted in connection with recruitment, or collected by an employer or a third party, including but not limited to agents, labour recruiters, staffing firms, subsidiaries/affiliates of the employer and any agent or employee of such entities; but
  3. does not include any fee lawfully charged by a registered migration agent.

Exclusive basis - refers to the supply of our Talent Management Services on the basis that we are the sole supplier you have authorised to supply On-Hire Services or Placement Services for a particular Position.

Exploitation, of one person (the victim) by another person, occurs if the other person's conduct causes the victim to enter into any of the following conditions:

  1. slavery, or a condition similar to slavery;
  2. servitude;
  3. forced labour;
  4. forced marriage;
  5. debt bondage;

and includes serious contravention of civil remedy provisions within the meaning of s. 557A of the Fair Work Act 2009 (C’th) and unconscionable conduct within the meaning of the common law or the Australian Consumer Law.

GST Definitions & Interpretation - means the following definitions and interpretations:

Consideration -means any consideration payable under this Contract in return for a taxable supply but does not include any amount on account of GST.

GST Act -  means the A New Tax System (Goods and Services Tax) Act 1999 (C’th) (as amended);

GST -has the same meaning given to that term in the GST Act;

Supply -has the same meaning given to that term in the GST Act;

Tax Invoice -has the same meaning given to that term in the GST Act;

Taxable Supply -has the same meaning given to that term in the GST Act;

Insolvency event – means any of the following events:

  1. a controller (as defined in the Corporations Act 2001) is appointed to the Party, or over any of the property of the party;
  2. the Party becomes bankrupt;
  3. a controlling trustee is appointed to the party, or over any of the property of the Party;
  4. the Party or the Party's property becomes subject to a personal insolvency arrangement under part X Bankruptcy Act 1966 (C’th) or a debt agreement under part IX Bankruptcy Act 1966 (C’th);
  5. the Party is unable to pay its debts when they become due and payable;
  6. the Party ceases to carry on business; or
  7. any event happens in Australia or any other country or territory in respect of a Party that is similar to any of the events or circumstances referred to in this definition.

Any event that takes place as part of a solvent reconstruction, amalgamation, merger, or consolidation, on terms approved in writing by the other party beforehand and in compliance with those terms is excluded from this definition.

Minimum Fee - means the amount specified in the Schedule being the minimum amount payable by you.

On-Hire Services means services where a Talent Management Services Provider makes a worker engaged by the provider available to perform work, whether under a contract of service or a contract for services, for a customer of the provider; and:

  1. the worker works (or is to work) under the customer’s direction, or under the direction of another person for the customer’s benefit; and
  2. the Talent Management Services Provider is responsible (through itself or through its appointees) for performing the obligations of the engagement owed by the provider to the worker, including paying the worker for the work.

ORC Form – means our On-Hire Request Card annexed to this contract.

Position –means a position that is available, or that we reasonably believe is likely to be imminently available.

Placement -means the filling of a Position with you, or with a person on whose behalf or for whose benefit you are acting, or to whom you have disclosed confidential information about our Candidate without our consent.

Placement Services –means services where a Talent Management Services provider presents or represents candidates to persons seeking a candidate to perform work.

RCSA -refers to Recruitment Consulting & Staffing Services Association Limited ACN 078 606 416.

Recruitment Brief – means a detailed written specification for our Talent Management Services including details about the work to be performed, any relevant person or position description, any extra or incidental services that we are to supply, any special or additional condition of the supply of our Talent Management Services and such further information that we may reasonably require in order to assess whether to accept the Services Request or in order to supply our Talent Management Services so as to meet the Services Request.

Recruitment Fees -

  1. include:
  1. payments for Talent Management Services offered by providers of Talent Management Services, whether public or private, in matching offers of and applications for employment, or in employing workers with a view to making them available to a third party which assigns their tasks and supervises the execution of these tasks;
  2. payments made in the case of direct hire by employers; and
  1. may be one-time or recurring and cover services for advertising and disseminating information, arranging interviews, submitting documents for government clearances, and organising travel and transportation, including in the case of migrant workers, placement into employment and return to the country of origin where applicable.

Related Costs -

  1. means expenses integral to the recruitment process within or across national borders; and
  2. depending on the recruitment process and the context, these costs could include but are not limited to:
  1. Costs for medical tests: these refer to payments for the obligatory medical examinations and specialised tests that are necessary to complete any stage of the recruitment process.
  2. Costs for skills and qualification tests and training: these include the costs incurred for verification tests on workers’ level of skills and qualifications. This may also comprise examinations for language proficiency, particularly in the context of cross-border recruitment. Moreover, these costs include the expenses incurred when employers and their representatives require additional training courses/measures to upgrade workers’ skills as a condition of their recruitment.
  3. Costs for internal travel: these refer to expenses incurred for travel within national borders in a specific recruitment process. These costs can also include the relocation of workers, when required for a specific recruitment situation, from the place of usual residence to the new residence and place of work and back to the place of usual residence upon termination of contract.
  4. Costs for introduction and orientation programmes: these include expenses for the basic preliminary installation and orientation of newly recruited workers, including on-site job orientation and training, for example on occupational safety and health. There may also be further obligatory medical screening and tests.
  5. Other administrative costs: these include fees for notary and other legal, language, drafting and translation services aimed at preparing, obtaining or legalising workers’ identity documents, education and training credentials and employment contracts; and the cost of obtaining government clearances, including obligatory police and security clearances.

In addition to the costs listed under points (i) to (v) above, the following specific costs are attributed to international recruitment.

  1. Costs for international travel and transportation and accommodation: these refer to expenses incurred for international travel in a specific cross-border recruitment process.
  1. These may include expenses for: the relocation of workers from the place of usual residence to the new residence and place of work;
  2. health and accident insurance costs covering the transportation period;
  3. lodging and subsistence during transit;
  4. workers’ requirements to obtain a passport or visa and costs for other clearance documents specifically required for international travel
  1. Costs attributed to return: these include transportation, lodging, health care and subsistence to ensure the foreign workers’ return home upon contract completion or in certain situations requiring an early end to the employment contract for various reasons.
  2. Costs for clearances and permits payable in the country of origin, transit and destination: these refer specifically to the expenses incurred to meet the requirements imposed by the:
  1. country of origin for verification and vetting of employment contracts and enrolment into migrant welfare funds; and
  2. prospective employer or country of destination for entry and residence approvals, the cost of the visa, its application and grant, work and residence permits (including renewals).
  3. This may also include costs for the authentication of documents to ensure compliance with the requirements of the country of origin, transit and/or destination.
  1. Costs for pre-departure orientation: these refer to payments for migrant workers’ attendance in seminars prior to foreign employment, organised to better prepare selected workers for the living and working conditions at destination.
  2. Costs for post-arrival information and orientation: these include expenses incurred for programmes designed for newly recruited foreign workers on arrival in a destination country, for example, obligatory post-arrival information and orientation programmes.

Related Entity - has the same meaning as in the Corporations Act 2001 and applies, with the necessary changes being made, if you are not a body corporate under that Act.

Reporting Requirements – means any statutory or other obligation (including an obligation imposed as a condition of our holding any licence or certification) that we have to make reports, or submit to audit, about the provision of our Talent Management Services or supply chains.

Retained Basis - refers to the supply of our Placement Services on the basis that we are paid for our services regardless of whether the Position is filled or not. To avoid doubt, the engagement of our services on a contingent basis in circumstances where a cancellation or withdrawal of instructions fee is payable to us does not amount to engagement on a retained basis.

Schedule - means the schedules to this Contract, which may be substituted as provided from time to time.

Service Level Agreement -means a written agreement that may be entered into between the Parties complementary to this Contract and which sets out additional matters that relate to the supply and acquisition of our Talent Management Services, including:

  1. any value proposition to which we commit or service commitment that we make;
  2. additional details of services to be provided;
  3. the Parties’ agreements regarding the specification and use of any service delivery system;
  4. desired performance levels, including agreed levels of reliability and responsiveness;
  5. monitoring processes and service level reporting arrangements;
  6. steps for reporting issues arising with the service or the Parties’ relationship;
  7. response and issue resolution time-frame;
  8. repercussions for a party not meeting its commitments under the Service Level Agreement; and
  9. any other matter that the Parties may agree is relevant to the way they deal with each other for the supply and acquisition of our Talent Management Services.

Service Network - means the set of contracts, arrangements or understandings for the performance of any two or more Service Network roles.

Service Network Participants - means the any Third Party (including their appointed officers, agents and employees) with whom either Party has a contract, arrangement or understanding for the performance of any of the Service Network Roles affecting our Candidates.

Service Network Roles means any of the following roles in relation to our Candidates:

  1. sourcing/selection
  2. engagement
  3. mobilisation (including induction and work health & safety training)
  4. performance of work (by workseekers)
  5. management & supervision
  6. accommodation
  7. payment
  8. demobilisation.
  9. any other matter that the Parties may agree is relevant to the way they deal with each other for the supply and acquisition of our Talent Management Services.

Synopsis - means our summary guide to this Contract.

Third Party - means a person that is not a party to this Contract.

Timely manner (or promptly) – in relation to the giving of any information in relation to anything includes the provision of information reasonably in advance wherever it is practicable to do so; or forthwith upon occurrence of any event or circumstance that makes giving the information necessary or desirable; and, unless otherwise agreed, in any case no later than 48 hours after upon occurrence of the event or circumstance that makes giving the information necessary or desirable.

Us, our or we – means Peopleconnexion Recruitment Pty Ltd ACN 137 353 738 and includes our successors and permitted assigns.

Work Entitlements – includes any salary, wages, allowances, leave (including annual, long service or personal/carer's, domestic violence leave or payments in respect of any of them), notice of termination or payment in respect of notice of termination, redundancy pay, commissions, bonuses, performance related pay, reimbursement of expenses, superannuation and any entitlement which may be owed or payable pursuant to any award, agreement or other industrial instrument, statute or employment contract to which a worker may be entitled in respect of their employment or the termination of that employment.

Work Equipment - includes any plant, equipment, tools, stationery and other property or items (including personal protective equipment) required to enable our Candidates to perform their work safely and efficiently.

Worker - Is a person who works in any capacity e.g. as an employee, independent contractor, freelancer, flex worker, partner in a partnership, director or officer, volunteer, or intern and includes a person who is seeking work in any capacity.

Workforce Contracting Services - means services where a Talent Management Services Provider uses a relevant worker as part of a workforce engaged or deployed by the Talent ManagementServices Provider to perform work in meeting the requirements of a workforce contract which the Talent ManagementServices Provider has with a customer.

For the purposes of this definition:

  1. a person is a relevant worker if:
  1. the person does not genuinely operate their own business and perform the work in and as part of that business, or is not otherwise deemed to be an independent contractor; AND
  2. an industrial instrument covers the person or would cover the person as an employee if employed to do the work;
  1. a Talent Management Services Provider uses a relevant worker if the Talent Management Services Provider:
  1. makes arrangements with the worker that require the worker to follow its instructions or work under its general guidance; or
  2. determines where, when, or how the worker carries out their work; or
  3. requires the worker to sell or supply their work product to it (or its nominee) as the first link in a buying or supply chain in relation to that work product;
  1. sub-paragraph (b) applies regardless of whether the Talent Management Services Provider makes the arrangements directly with the worker or indirectly through another person;
  2. a workforce is a group of two or more workers who are working, or are available to work, to meet the requirements of a workforce contract;
  3. a workforce contract means a contract which is wholly or principally for the supply of labour. For the purposes of this definition, a contract is principally for the supply of labour if more than half of the direct costs properly attributable to deliverables to be supplied under the contract is for labour.

our Talent Management Services -

means any of the following services:

  1. On-Hire Services;
  2. Placement Services.

Talent Management Services Provider

means a person who, in trade or commerce, provides Contract Management Services, On-Hire Services, Placement Services, or Workforce Contracting Services.

Writing - means any form of electronic communication that meets the requirements of the electronic transactions legislation governing the communication.

You or your -

refers to the client named in item 2 of the Business Schedule and includes any of your Related Entities or a Third Party for whom you have authority (whether actual, implied or ostensible) to enter into this Contract, and also includes your and their successors and permitted assigns.

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