Terms & Conditions of Service

1. Contract with First Class Crew Pty Ltd

All Services are provided by First Class Crew Pty Ltd (herein referred to as FCC) on the terms and conditions contained in this document.

2. Meaning of terms in this document

(a) “Customer” means a party engaging FCC;

(b) “Crew Member” means an employee or sub contractor of FCC;

(c) “Event of Default” means where the Customer:

  1. Is a company and an application is made to wind up the Customer or a Receiver and Manager, Official Manager, Agent for Mortgagee or an Administrator is appointed in respect of the Customer’s property, or an Inspector is appointed to investigate any of its affairs, or makes an arrangement of composition with its creditors or proposes to do so;
  2. Is unable to pay its debts as they fall due;
  3. Ceases or threatens to carry on its business;
  4. Has execution levied against any of its assets; or
  5. Has a mortgagee enter, or seek to enter into possession of any of its assets;

(d)  “FCC” means First Class Crew Pty Ltd (ACN 122 416 120);

(e) “Services” means the services performed by FCC including but not limited to the services performed by a Crew Member;

(f)  “Work” means work for which the Customer engages FCC; and

(g) “Worksite” means any location where the Services are performed in relation to the Work other than the premises of FCC;

3. How will the Customer be charged?

The Customer will be charged for the Services on the following basis:

(b) Hourly Rates

Crew Members will be charged out in accordance with the hourly rates and penalty rates set out in the Schedule.

(c) Time

Crew Members will be charged out for time spent on Work (excluding 30 minute lunch/dinner breaks) in half an hour increments. Should a shift end 10 minutes or more into the subsequent half an hour, the whole of that subsequent half an hour will be billed.

(d) Minimum Time

  1. Crew Members will be charged out for a minimum of 4 hours regardless of whether they are required by the Customer for the whole of that period.

(f) After Hours Bookings

In respect to bookings made after hours, FCC reserves the right to charge a $50 + GST after hours booking fee.

(f) Urgent Bookings

In respect to bookings that require immediate response and attendance, FCC reserves the right to charge the applicable crew type rate from the time when the booking was first received.

(g) Onsite training

Subject to clause 3(d), Crew Members will not be charged out for time spent undertaking onsite induction provided that the Customer informs FCC of the induction at the time of booking.

(h) Transport Charge

FCC may charge a travel fee per Crew Member on each occasion that a Crew Member is required to attend a site that is not within the CBD or its surrounding suburbs. A travel quote will be supplied in these instances.

FCC may charge a $25 fee per Crew Member on each occasion that a Crew Member is required to transport themselves from one Worksite to another Worksite whilst working on the same shift.

(i) Estimates and Quotes

All estimates or quotes provided by FCC are best estimates only and do not constitute a fixed price offer and are subject to alteration without notice to the Customer.

(j) Rates and Prices

Unless otherwise stated, all rates and prices are exclusive of GST, any other applicable taxes and any additional fees payable in accordance with this document.

The current rates can be viewed at: http://firstclasscrew.com.au/fcc/content/information-customers

(k) Shift Bookings that End Before their Booked Time

For long shift bookings (6 hours and greater) where the actual ends time is under three quarters of the booked time, the invoice amount to the customer will be three quarters of the booked time.

For example:

An 8 hour standard crew shift was booked from 10h00 to 18h00, but on the day the shift ended at 15h00 (which is only 5 hours) the invoice will be calculated at three quarters of the booked time.

The actual invoice for the above example would be:

8 hours x ¾ = 6 hours

6 hours x $47 + GST = $240 + GST

NOT:  5 hours x $47 + GST = $235 + GST

This method is employed as Crew Members are deemed unavailable for the entire duration of these long shifts. This means that the Crew Member has lost the opportunity to work on other shifts due to the shift duration being inaccurately estimated by the Customer. This method of billing partly compensates for the opportunity cost incurred. This method is also employed when working out shift charges when a cancellation occurs 12 hours or less before a shift was due to commence.

(l) Public Holiday Rates

Unless otherwise agreed upon by FCC, the following overtime charges apply for works undertaken on public holidays.

  • Christmas Eve, Christmas Day, New Year’s and New Year’s Day – double the normal charge per crew type ordered.
  • All other public holidays – 1.5 x the normal charge per crew type ordered

4. Payment Terms

(a) Payment of invoices

The Customer must pay a tax invoice issued to the Customer by FCC within fourteen (14) days of the invoice date unless otherwise agreed upon in writing by both the Customer and FCC.

(b) Outstanding amounts

FCC may charge interest at the penalty interest rate under the Interest Rates Act 1983 (Vic) on any outstanding amounts owed to it by the Customer.

(c) Accelerated payment

All money which the Customer owes FCC (including amounts which would not otherwise be payable until a later date) become immediately due and payable if an Event of Default occurs.

(d) Administration Charges for Overdue Invoices

FCC reserves the right to charge an additional Administration fee of $50 per month for invoices unpaid after 30+ days until the invoice is paid, unless otherwise agreed upon with FCC management.

5. Bookings and changes to work times

Bookings and changes to work times of Crew Members can only be made through the FCC office or an authorised FCC representative (and not via a Crew Member working onsite).

(a) Normal office hours

The FCC normal office hours are 8 am to 8 pm, Monday to Friday.

(b) Faxes and Emails

FCC will receive faxes and emails at any time but will not act on them outside of FCC normal office hours.

(c) Emergency Contact

FCC may be contacted at any time for the following purposes:

  1. Amending work times;
  2. Locating Crew Members; and
  3. Informing FCC of accident or injury to FCC Crew Members.

(d) Administration fees

FCC reserves the right to charge an administration fee of $50.00 + GST in each of the following circumstances:

  1. Booking made outside FCC normal office hours; and
  2. Bookings made within 12 hours before the commencement of the Work.
  3. Bookings cancelled within 12 hours before the commencement of the Work.

6. Obligations of the Customer

The Customer hereby accepts the following obligations:

(a) Worksite

  1. Ensuring that Worksite is clean and safe for the Work to be performed;
  2. Ensuring that the Worksite complies with Occupational Health and Safety standards and has necessary Occupational Health and Safety documentation and up to date log books;
  3. Ensuring that no unauthorised persons are permitted to enter the Worksite;

(b) Equipment and use of equipment

  1.  Ensuring that all equipment to be used by Crew Members has regularly serviced and has necessary Occupational Health and Safety documentation and up to date log books;
  2.  Ensuring that a Crew Member is shown the correct procedures for lifting or handling equipment with specific lifting or handling requirements;
  3.  Ensuring that a Crew Member does not operate equipment that they are not ticketed for;

(c) Vehicles

  1. Ensuring that a Crew Member does not drive a vehicle that they are not licensed to drive;
  2. Ensuring that a truck to be driven by a Crew Member is not loaded beyond its maximum load;
  3. Ensuring that necessary parking for a vehicle to be driven by a Crew Member is arranged and paid for (the Customer will be liable for any parking infringement received by FCC or a Crew Member in relation to a vehicle driven by a Crew Member).

(d) Occupational Health and Safety

Ensuring that a Crew Member does not perform any task that is not in compliance with the relevant Occupational Health and Safety legislation (A Crew Member has the right to refuse a task that he or she believes is unsafe).

(e) Hire of Crew Chiefs

Ensuring that for every eight Crew Members hired through FCC, an additional Crew Member is hired through FCC to act as a Crew Chief (also known as a Crew Supervisor).

(f) Breaks

Ensuring that a Crew Member is provided with a half hour unpaid break for every five (5) hours worked except where the Crew Member is due to finish work on the sixth hour.

(g) Poaching

  1. The Customer will not, except via prior negotiations with FCC, employ or hire (in any capacity whatsoever) a Crew Member who has been introduced to the Customer by FCC.
  2. If the Customer wishes to employ or hire a FCC Crew Member other than through FCC, they must notify FCC immediately (the Crew Member’s ability to work for Customers is subject to written consent by FCC as per their terms of employment. FCC reserves the right to charge the Customer a finder’s fee. This finder’s fee amount is to be decided on a case by case basis by FCC).

7. Unforeseen Events or Circumstances

(a) In the event that one or more of the Unforeseen Events or Circumstances occurs, FCC may either:

  1. Terminate these terms and conditions immediately;
  2. Cease to continue to perform its duties under these terms and conditions as well as render an invoice to the Customer for work done and fees already incurred; or
  3. Continue to perform its duties under these terms and conditions and revise and increase any quote taking into account the effects of the Unforeseen Event or Circumstance.

(b) Unforeseen Event or Circumstance includes:

  1. Unclean or unsafe Worksite;
  2. Any obstructions including (but not limited to) concrete, bricks, steel, pipes, drains, tap roots and trunk roots;
  3. Collapsing, insecure or unstable floors, walls, ceiling, beams, support structures or pipes;
  4. The uncovering or emission of or exposure of Crew Members to a hazardous or toxic substance;
  5. Extreme weather that inhibits FCC’s ability to use equipment including but not limited to flooding or extreme heat; or
  6. Any delays caused by union stoppages, safety drills, breakdown of equipment, clean-up of Worksite, restricted access or third party activities or FCC failing to hold necessary permits or licences to perform the Work.

9. Limitation of warranties by FCC

Except to the extent that the exclusion, restriction or modification of certain conditions, warranties and rights is prohibited in the context of these terms and conditions by the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation or the Vienna Sales Convention as may apply to the supply of services hereunder, Customer hereby waives and FCC disclaims, all other warranties, whether written or oral, express or implied.

10. Limitation of FCC liability

(a) FCC’s liability is limited to:

  1. The supplying of the Services again; or
  2. The payment of the costs of having the services supplied again.

(b) In no event will FCC be liable for any of the following:

  1. Damage or loss resulting from a breach of these terms and conditions by the Customer;
  2. Damage or loss relating to a task that has been approved by the Customer;
  3. Damage or loss resulting in relation to the Customer’s procurement of substitute services;
  4. Damage or loss resulting from an Unforeseen Event or Circumstance (as defined in clause 7(b))
  5. Damage or loss result from any interference with the Services by a person other than a Crew Member; or
  6. Damage or loss relating incidental, special, economic or consequential damages.

10. Termination

(a) Termination by FCC

(i) FCC has the right to terminate any agreement between FCC and the Customer if an Event of Default occurs.

(ii) Termination by FCC does not limit any other rights FCC may have including the right to be paid for outstanding invoices.

(b) Purported termination by Customer

If the Customer purports to terminate any agreement between FCC and the Customer or fails to abide by these terms and conditions, FCC shall be entitled to 100% of the invoice price or if an invoice has not been rendered the quoted price.

11. Severance

If any provision in this document is held to be invalid or in any way unenforceable, it shall be severed and the remaining provisions shall not in any way be affected.

12. Assignment

These terms and conditions shall be binding upon and endure for the benefit of the successors in title of the parties but shall not be assignable by the Customer without the prior written consent of FCC.

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