Casual (Award) Employment Contract — Home Care Level 2, Pay Point 1
MAYIM GROUP PTY LTD trading as MAYIM CARE
ABN 60 698 761 607
This is your Casual (Award) Employment Contract. Read it in full. You sign it at the end by entering your name, your details and your signature.
This Contract is made on the date you sign it, which is recorded in the Execution section at the end. Mayim Care countersigns as at that same date.
Questions before you sign: 0400 494 102 or admin@mayimcare.com.au. Ask before you sign, not after.
Between
See Item 1 of the Schedule (Employer)
and
See Item 2 of the Schedule (You)
A. The Employer has agreed to employ you and you have agreed to work for the Employer in the position described at Item 3 of the Schedule.
B. The Employer and you have agreed to enter into this Contract to record the terms and conditions of your employment.
C. The Employer acknowledges its obligation to apply the applicable employment protections to you and to abide by the provisions contained in any relevant legislation.
Associated Entities has the same meaning as in the Corporations Act 2001 (Cth).
Confidential Information means all the information including trade secrets, Intellectual Property, marketing and business plans, client and supplier lists, computer software applications and programs, business contacts, finance, remuneration details, data concerning the Employer or any of its associated entities or any client of the Employer’s, finances, operating margins, prospect’s lists, and transactions of the Employer, but does not include information in the public domain otherwise than through a breach of an obligation of confidentiality.
Contract means this employment contract.
Intellectual Property means all form of intellectual property rights throughout the world including but not limited to present and future copyright, registered and unregistered trademarks, patent, design, rights, trade mark, any other intellectual or industrial property rights, discovery, invention, secret process or improvement in procedure of any kind whether arising from statute, under common law or in equity and confidential information including know-how and trade-secrets.
Moral Rights has the meaning given to it in the Copyright Act 1968 (Cth) and includes rights of integrity of authorship, rights of attribution of authorship and similar rights that exist or may come to exist anywhere in the world.
The Act means the Fair Work Act 2009 (Cth).
Works means all inventions, policies, practices, designs, drawings, plans, software, hardware, reports, documents, systems, improvements and other materials.
3. COMMENCEMENT AND WARRANTIES
Your date of commencement of employment with the Employer is identified at Item 4 of the Schedule.
Your continued employment is contingent on having and maintaining an appropriate working visa. Where the visa expires, your employment will be terminated.
The terms and conditions of your employment will be in accordance with the Contract and, where applicable, the Industrial Instrument as named in Item 5 of the Schedule (the Industrial Instrument), as varied and amended from time to time.
You agree that:
(a) you hold the qualifications and have the skills as represented by you to the Employer
(b) you have disclosed to the Employer any restraint or restriction which may affect your performance of work
(c) you enter into this Contract without any form of coercion
(d) you are legally entitled to work in Australia, and agree to produce the appropriate documentation where requested by the Employer and
(e) you have and will maintain the licences and qualifications necessary to fulfil your role.
4.1 You are employed on a casual basis in the position described at Item 3 of the Schedule.
4.2 You may be required to perform other tasks from time to time, as reasonably requested by the Employer.
5.1 You may be provided with an outline of your duties before or on commencement of your employment. The outline is not intended to be an exhaustive list of the duties you may be required to perform, rather an indication of the kinds of duties that fall within the scope of the position.
5.2 You have general duties to:
(a) comply with reasonable directions given to you by the Employer
(b) at all times act faithfully, honestly and diligently
(c) ensure you are performing solely work related activities in work time
(d) exhibit a professional and courteous attitude when dealing with the Employer, its customers, employees, suppliers and other members of the public and
(e) act in the Employer’s best interests at all times.
6. EMPLOYER POLICIES AND PROCEDURES
You agree that:
(a) you will comply with all the Employer’s policies and procedures, as amended from time to time at the sole discretion of the Employer
(b) the specific detail of the Employer’s policies do not form a term of your contract and
(c) failure to comply with the Employer’s policies may result in disciplinary action, up to and including dismissal.
7. Licences, Clearances and Registrations
7.1 You are required to hold and maintain the following:
(a) Working with Children Check
(b) NDIS Worker Screening Check
(c) First Aid and CPR (where applicable)
(d) Driver Licence (where applicable)
(e) 100 points of ID
(f) Qualifications and registrations relevant to your duties
(g) Quality, health and safety modules
(h) Vaccinations as per directives.
7.2 The Employer may require you to provide evidence that you hold the above.
7.3 These are considered essential requirements of your role. The Employer reserves the right to terminate your employment without notice in the event that you fail to maintain these and you are unable to perform the requirements of your role.
7.4 You must notify the Employer immediately in the event that you no longer hold, or are no longer eligible to hold, any of the above.
8. Working with children check
8.1 You may be required to undergo a Working with Children check as an essential requirement of your position.
8.2 The Employer may require you to provide evidence that you hold the check at any time during your employment.
8.3 The Employer reserves the right to terminate your employment without notice in the event that you fail to maintain this clearance and are unable to perform the requirements of your role.
8.4 You must notify the Employer immediately in the event that you no longer hold, or are no longer eligible to hold, this clearance.
9. NDIS Worker Screening Check
9.1 You will be required to hold a NDIS Worker Screening Check as an essential requirement of your position.
9.2 You are required to carry this registration card at all times whilst working and provide this to the Employer upon request.
9.3 The Employer reserves the right to terminate your employment without notice in the event that you fail to maintain this registration and are unable to perform the requirements of your role.
9.4 You must notify the Employer immediately in the event that you no longer hold, or are no longer eligible to hold, this registration.
10. Pre-employment medical examination
10.1 You may be required to undergo a pre-employment medical examination. The purpose of this medical examination is to determine whether there are any pre-existing conditions which may prevent or impact upon the efficient performance of your duties.
10.2 Evidence that you have undertaken this medical examination must be provided upon request to the Employer prior to the commencement date, along with the required form confirming your fitness to perform your role.
10.3 In the event the medical examination indicates any pre-existing conditions which may prevent or impact upon the efficient performance of your duties, the Employer reserves the right to withdraw this offer of employment.
10.4 Upon commencement with the Employer, you will be reimbursed the reasonable cost of this medical assessment upon the provision of a receipt.
11.1 Your principal place of employment will be at the location described in Item 6 of the Schedule, or as otherwise reasonably directed by the Employer.
11.2 Due to the nature of the role and the business, you will be required to travel to, and work at, client and prospective client sites within a reasonable travelling distance, as directed by the Employer.
11.3 You may also be required to travel as reasonably necessary for the performance of your duties.
12.1 The business’ normal span of hours of operation are outlined at Item 7 of the Schedule.
12.2 You are employed as a casual employee and are required to perform the hours of work offered by the Employer according to the needs of the business from time to time and accepted by you.
12.3 The Employer will give you reasonable notice of when you are rostered to work in accordance with any requirements under the Industrial Instrument. The Employer does not guarantee to provide you with a minimum or maximum amount of work. You have the ability to accept or reject hours of work offered to you.
12.4 Your maximum ordinary hours per week as a casual employee will be in accordance with the applicable Industrial Instrument. You may also be offered reasonable additional hours.
13.1 You are required to complete regular time recordings as directed by management.
13.2 You are responsible for the completion of your own time record. Completing time records on behalf of another employee or permitting another employee to do so on your behalf, may result in disciplinary action, up to and including dismissal.
14.1 Your pay is set out at Item 8 of the Schedule.
14.2 The rate of pay is inclusive of the casual loading required by the Industrial Instrument. The casual loading is paid to you in satisfaction of entitlements not payable to casual employees under the National Employment Standards, including to the extent permissible paid personal/carer's leave, paid annual leave and public holidays.
14.3 You will be entitled to any applicable penalty rates, overtime rates, allowances or loadings appropriate to your position as set out in the Industrial Instrument.
14.4 Where your pay exceeds any legislative and Industrial Instrument minimum entitlements, any amount paid in excess of these minimum entitlements may be used to offset any entitlement that may otherwise have been applicable.
14.5 In the event that a finding or determination is made that you are not a casual employee by a court, tribunal or governmental authority, to the extent permissible by law, the Employer reserves the right to recover any casual loading paid to you.
14.6 The Employer will make Superannuation contributions on your behalf in accordance with legislation.
15.1 You are not entitled to annual leave due to your casual employment status.
16.1 Long service leave will accrue in accordance with the relevant legislation.
17. PERSONAL/CARER'S LEAVE
17.1 You are not entitled to paid personal/carer's leave due to your casual employment status.
18.1 All other leave, including compassionate leave, parental leave and community service leave, will be provided to you in accordance with the Employer’s policy and/or the Act, whichever is more generous.
19.1 You are entitled to be absent from work on a day or part day that is a public holiday in accordance with the Act, unless reasonably required to work by the Employer.
19.2 As a casual employee, any such absence will be unpaid, unless reasonably required to work by the Employer.
20.1 You may be required to use your private motor vehicle for work purposes. Where required, you will be entitled to a vehicle allowance in accordance with the Industrial Instrument.
20.2 All rules regarding when the vehicle allowance is payable is in accordance with the Industrial Instrument. You will not be entitled to any further payments in respect of work-related use of your private vehicle.
20.3 You are required ensure that your vehicle is neat and clean at all times and maintained in a state of good mechanical order.
20.4 Additional rules regarding vehicles and driving are set out in the Handbook which you are expected to read and fully comply with. The Employer reserves the right to vary, alter or withdraw these arrangements and will provide reasonable notice of any such changes.
21.1 You may be provided with company property in order to complete your duties as directed by the Employer.
21.2 This property may only be used for business purposes. Reasonable personal use is only permitted where specifically authorised by the Employer.
21.3 The use of the company property is subject to the terms and conditions contained within the Handbook.
22. CONFIDENTIAL INFORMATION
22.1 You agree at all times during and after your employment with the Employer:
(a) to refrain from directly or indirectly disclosing to a third party Confidential Information except in the proper course of carrying out your duties
(b) not to use the Confidential Information for any purpose other than for the benefit of the Employer
(c) to keep confidential all Employer Confidential Information and
(d) to comply with the terms of this Contract unless otherwise required by applicable laws or regulations.
23. INTELLECTUAL PROPERTY
23.1 All Intellectual Property rights arising from any Works created or developed by you in the course of your employment (whether alone or with others) will belong to the Employer and you agree to immediately disclose to the Employer all such Works.
23.2 You agree that all existing Intellectual Property rights, title and interest in all Works created or developed by you in the course of your employment (whether alone or with others) are vested in the Employer and upon their creation, all such rights will vest in the Employer. You agree to execute all documents and do all acts required to secure any Intellectual Property rights for the Employer.
23.3 For the benefit of the Employer, you consent to any and all acts or omissions (whether occurring before or after this consent is given) in relation to all Works made or to be made by you in the course of your employment which might otherwise infringe your Moral Rights in those Works.
23.4 You warrant that you have consented without coercion or without relying on any representations other than those set out in this Contract.
You must not at any time, either during your employment, or at any time after termination, disparage or otherwise make any statement, or permit or authorise any statement to be made, which is calculated or reasonably likely to damage the reputation or cause other damage to the Employer or any Associated Entity, or any of their respective employees or officers.
25. Termination of Employment
25.1 At any time during the operation of the Contract, either party may terminate your employment by providing one hour’s verbal or written notice of termination or one hour’s pay in lieu of notice.
25.2 On termination of employment for any reason, you must immediately return to the Employer all property, documents and items relating to the business of the Employer which you have in your possession or control. This includes, but is not limited to, any car, equipment, papers, keys, reports, computers, information, programs, records and documents, intellectual property and other information, in whatever form, relating in any way to the Employer or its clients.
25.3 On termination of employment for any reason, you must also irretrievably delete any Confidential Information stored on any computer, magnetic or optical disk or memory, and all matter derived from those sources in your possession, custody, care or control outside the Employer’s premises.
26.1 If your position is made redundant, you shall not be entitled to any payment except as required under the Act.
27.1 You may not assign or transfer the rights and benefits under this Contract.
27.2 The Employer may assign its rights and obligations under the Contract to any person, business, company or entity.
28.1 The Contract shall be governed by the jurisdiction of the courts in the State or Territory as described at Item 9 of the Schedule.
29.1 The terms of the Contract may be varied from time to time by mutual agreement in writing between the parties.
30.1 If any of the terms and conditions of the Contract are void, or become voidable by reason of any statute or rule of law then that term or condition shall be severed from the Contract without affecting the enforceability of the remaining terms and conditions.
31.1 The contents of the Contract constitute the entire agreement between you and the Employer. Any previous agreements, understandings, and negotiations on this subject matter cease to have effect.
32. FAIR WORK INFORMATION STATEMENT
32.1 By signing the Contract you acknowledge that the Employer has provided you with a copy of the Fair Work Information Statement.
33. Casual Employment INFORMATION sTATEMENT
33.1 By signing the Contract you acknowledge that the Employer has provided you with a copy of the Casual Employment Information Statement.
