Employment Contract

This Agreement is made between:

First Class Crew Pty Ltd (ACN:122 416 120) of 2/18 Lalwa Street, Blackburn,in the State of Victoria ("Employer");

and

[ENTER YOUR FULL NAME IN THE FIELD BELOW]

2.               Appointment

2.1.           The Employer appoints you, and you agree to serve, as a casual on-hire employee.

2.2.           You acknowledge and agree that the work you will perform is for the Employers clients. This work will be referred to as the “Assignment.” A client of the Employer is anyone with whom the Employer has an agreement to provide on-hire work services. From here on in, the Employers clients will be referred to as the “Host Employer”.

2.3.           The terms and conditions of your employment shall be governed by this employment agreement (“Agreement”) and, where applicable, the industrial instrument specified in the applicable in the Summary of Assignment Conditions (“SAC”). If an Award applies, the Award will not form part of your contract of employment.

2.4.           This Agreement shall apply to all Assignments with Host Employer but there shall be no actual, implied or contractual relationship between you or the Host Employer. Your contractual relationship is solely with the Employer.

2.5.           Your casual employment under this Agreement will commence on the Commencement Date specified in Schedule 1 (or such other date as advised by the Employer in writing) and continue until terminated in accordance with this Agreement.

2.6.           You are employed as a casual on-hire employee. As a casual employee, you are not guaranteed any number or allocation of working hours. You may be requested to work on an occasional basis, based on the Employer's needs, which may change from time to time.

2.7.           You are not obliged to accept or agree to work on an Assignment which is offered to you. You are entitled to accept or reject the hours of work offered to you under an Assignment.

2.8.           The Employer may direct where and how you perform work on any Assignment.

2.9.           You have no right to ongoing employment, or the continued engagement upon a particular Assignment.

2.10.        The Employer retains ultimate control over your employment including all matters associated with your conduct and performance while working on an Assignment.

2.11.        You are required to comply with all reasonable instructions issued by the Host Employer so far as to facilitate the proper performance of the Assignment.

2.12.        The employment relationship is and remains between the Parties to this Agreement and no employment relationship exists or shall be created between you and the Host Employer.

2.13.        The location of your work will vary depending on the needs of the Host Employer. You may be required to undertake travel as part of your duties.

2.14.        You will report directly to the position outlined in Schedule 1, or another position nominated by the Employer from time to time.

2.15.        This Agreement will continue to operate in relation to your employment despite any temporary or permanent change in your location, duties, position or reporting line, until terminated in accordance with this Agreement or replaced by a new agreement made in writing between you and the Employer.

2.16.        This Agreement will continue to operate in relation to your employment with the Employer despite the termination of an Assignment with the Host Employer.

3.               Employee’s Warranties

3.1.           You warrant that:

(a)         you possess the skills, competence and qualifications required to carry out the duties required of your position, and any representation made by you as to your qualifications and experience are true and correct;

(b)         you have disclosed to the Employer the particulars of any restraint or restriction (howsoever arising) which may affect your performance of the terms and conditions of this Agreement;

(c)         in entering into this Agreement, you have not relied on any direct or indirect conduct or representation of the Employer or any of its directors, officers, employees or agents (or anyone authorised by any of them), or any matter other than the terms expressed in this Agreement;

(d)         you have not been charged with or found guilty of any offence which would be incompatible with your duties and responsibilities or the trust and confidence placed in you by the Employer to perform your position;

(e)         you have participated in, or will agree to participate in any background check and/or medical examination relevant to your position and/or your employment with the Employer to the standard required of your position and the Employer;

(f)           you are legally entitled to work in Australia, and agree to produce the appropriate documentation upon request from the Employer including, but not limited to an Australian birth certificate or certificate of Australian citizenship.

3.2.           During your employment you must maintain any licences or qualifications necessary to fulfil the inherent requirements of your role. You warrant that you will inform the Employer if your licence or qualification is cancelled, revoked, suspended or expires without being replaced. In the event you no longer hold the appropriate licences or qualification required to fulfil the requirements of your role, you acknowledge that this may be considered a repudiation of this Agreement and may result in the termination of your employment.

3.3.           You acknowledge that the Employer has offered to employ you and is willing to continue to employ you in reliance on the warranties and commitments you have made in this Agreement.

4.               Duties and Responsibilities

4.1.           You may be provided with an outline of your duties immediately prior to 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. The outline of your duties may be amended by the Employer from time to time.

4.2.           During your employment you must:

(a)         report to the person(s) named in Schedule 1, or to such other person as the Employer may direct from time to time;

(b)         serve the Employer faithfully and diligently and in a conscientious and professional manner;

(c)         act in the Employer’s best interests at all times and not do anything which may directly or indirectly impair the good name and reputation of the Employer;

(d)         refrain from acting, or being seen to act, in conflict with the Employer’s best interests and disclose to the Employer any matter which you, acting reasonably, consider is or may potentially be in conflict with the commercial or strategic interests of the Employer;

(e)         comply with all lawful and reasonable directions given to you by the Employer;

(f)           exhibit a professional and courteous attitude when dealing with the Employer, its customers, employees, suppliers and other members of the public;

(g)         perform the duties and responsibilities assigned to you from time to time to the best of your abilities and knowledge including any incidental or peripheral tasks that you have the skills and qualifications to perform safely;

(h)         ensure you are performing solely work-related activities in work time, except where specifically agreed by the Employer; and

(i)           comply with the terms of this Agreement and all relevant and applicable legislation.

5.               Other Employment

5.1.           You must not undertake any activity (whether paid or unpaid) which may compromise or give rise to a conflict with either:

(a)         your duties and responsibilities under this Agreement; or

(b)         the business or commercial or strategic interests of the Employer,

unless you have obtained the prior consent of the Employer in writing.

5.2.           Without limiting the generality of the above, you must not be engaged, employed, concerned, involved or interested directly or indirectly in any business activity, other activity, trade, undertaking, company, proposal, project, assignment or development which is in or is related to the industry in which the Employer is concerned, unless you have obtained the prior written consent of the Employer.

5.3.           You must immediately and fully disclose in writing to the Employer any matter which you, acting reasonably, consider is, or may potentially be in conflict with the interests of the Employer of which you become aware.

6.               Employer Policies and Procedures

6.1.           You acknowledge and agree:

(a)         that you will comply with all Employer policies and procedures in place as amended from time to time;

(b)         the Employer may review, implement, vary and/or terminate the Employer’s policies and procedures at any time and at its sole discretion;

(c)         the Employer’s policies do not form part of this Agreement and are not enforceable as obligations on the Employer, nor is any right created for or vested in you; and

(d)         while the terms of the Employer’s policies and procedures do not form part of this Agreement, the failure to comply with the Employer’s policies and procedures may result in disciplinary action being taken against you, up to and including dismissal.

7.               Hours

7.1.           Your days and hours of work will be specified in the SAC. You acknowledge there is no guarantee under this Agreement that you will be offered any pattern or number of casual shifts, or that you will be offered any shifts at all. If you accept a shift you agree to perform it.

7.2.           Your hours may be described in a roster which you should not regard with any expectation of ongoing employment. This is for convenience and/or planning purposes only and those shift(s) may be removed or amended on the roster at any time.

7.3.           You may be assigned to work on any day of the week, Monday to Sunday.

8.               Remuneration

8.1.           Your remuneration will be specified in the SAC.

8.2.           The rate of pay specified in the SAC includes a casual loading. As a casual employee, you are not entitled to a number of entitlements such as paid personal leave or annual leave and the casual loading is paid in lieu of these entitlements.

8.3.           If an Award applies to your Assignment you will be entitled to any applicable penalty rates, overtime rates or allowances appropriate to your position as set out in the Award.

8.4.           Your wages will be paid for the pay period outlined in Schedule 1 (less applicable tax) via electronic funds transfer into an account with a financial institution nominated by you and acceptable to the Company.

8.5.           The Employer may change the pay period outlined in Schedule 1 by providing you at least 4 weeks’ notice of any change.

9.               Timesheets

9.1.           You must complete and submit timesheets as directed by the Employer.

9.2.           The submission of any false, misleading or incomplete timesheets is unacceptable and may result in disciplinary action up to and including termination of your employment.

10.            Incentive and Bonus Arrangements 

10.1.        In addition to your remuneration, from time to time, the Employer may provide you with the ability to participate in additional bonuses and benefit schemes. The terms of such additional bonuses and benefits do not form part of this Agreement and is at the Employer’s sole and absolute discretion. The Employer reserves the right to discontinue and/or amend the incentive/bonus arrangement at any time. The Employer will inform you of any variation to the bonus or incentive scheme.

10.2.        Should you be eligible to participate in any scheme, any bonus or incentive payment that you are entitled to will be paid to you as outlined in our incentive or bonus scheme, provided you are employed at the time the payment falls due.

11.            Superannuation

11.1.        The Employer will make superannuation payments on your behalf in accordance with its minimum statutory obligations (as amended from time to time). Payments will be made into a complying superannuation fund of your choice. If you do not nominate a superannuation fund, the Employer will make payments into its default fund.

12.            Annual Leave

12.1.        As a casual employee you will not be entitled to paid annual leave.

13.            Personal/Carer’s Leave

13.1.        As a casual employee you will not be entitled to paid personal/carer’s leave.

13.2.        You may be entitled to a period of up to 2 days’ unpaid carer’s leave for each occasion when a member of your immediate family or household requires care or support because of a personal illness or injury or an unexpected emergency affecting that member.

13.3.        If you are unable to attend work due to personal injury or illness, or because you need to care for a family or household member, you are required to advise the Employer as soon as practicable before (or as soon as practicable after) your scheduled start time of your inability to attend, the nature of the illness, injury or emergency and the expected duration of the absence.

13.4.        To be entitled to a period of unpaid personal leave, the Company may require you to provide satisfactory documentary evidence in accordance with applicable legislation or the Award.

14.            Other Leave

Compassionate Leave

14.1.        You will be entitled to a period of up to 2 days’ unpaid compassionate leave for each occasion when a member of your immediate family or household contracts or develops a personal illness or sustains a personal injury that poses a serious threat to his or her life, or dies. To be entitled to a period of compassionate leave, the Employer may require you to provide satisfactory documentary evidence of the illness, injury or death.

Parental Leave

14.2.        Employees are eligible for parental leave in accordance with the Fair Work Act 2009 (Cth).

Long Service leave

14.3.        Employees are eligible for long service leave in accordance with the applicable State or Territory legislation.

15.            Public Holidays

15.1.        The following days are public holidays: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Christmas Day and Boxing Day, and any other gazetted public holidays in the relevant State or Territory in which you are employed.

15.2.        The Employer may request that you work on a particular public holiday.

16.            Reasonable Expenses

16.1.        The Employer will reimburse you for any authorised and reasonable business related expenses which you incur in the performance of your duties, subject to you providing tax receipts or other reasonable documentary evidence acceptable to the Employer.

17.            Employee Conduct

Dress Code

17.1.        Consistent with the culture of the Employer, you will be expected to present for work well-dressed and groomed so as to reflect the professional image of the Employer. The Employer may issue directions or policies about personal grooming from time to time.

17.2.        You are required to wear the Employer prescribed uniform or dress when at work as directed by the Employer.

Punctuality

17.3.        You are required to be present and ready to commence work at your rostered starting time. The Employer considers lack of punctuality a serious performance issue.

Personal Telephone Calls

17.4.        Except with permission or in cases of emergency, you should not make personal telephone calls during work time. The duration of any personal telephone calls must be kept to an absolute minimum.

Alcohol, Drugs and Smoking

17.5.        You must not attend work intoxicated or under the influence of non-prescribed (or illegal) drugs or alcohol or in the possession of any illegal substance.

17.6.        If you attend work under the influence of, or are affected by, alcohol and/or drugs, or otherwise engage in unlawful activity involving alcohol, drugs or both on the Employer’s premises, you may be subject to disciplinary action up to, and including, summary dismissal and may be reported to the relevant authorities.

17.7.        Alcohol must not be consumed or used on the premises without the express permission of the Employer.

17.8.        The Employer has a no-smoking policy. Smoking is not permitted on the Employer’s premises.

19.            Confidential Information

Prohibition on Use and Disclosure of Confidential Information

19.1.        During your employment or after your employment ends you must:

(a)     not directly or indirectly disclose, copy or use (or attempt to disclose, copy or use) any Confidential Information for your own benefit or the benefit of any other person or entity except in the proper performance of your duties or with the written consent of the Employer;

(b)     keep any Confidential Information secret and confidential, except to the extent you are required by law to disclose it; and

(c)     take all reasonable and necessary precautions to maintain the secrecy and prevent the disclosure of any Confidential Information.

Notification on Disclosure of Confidential Information

19.2.        You must immediately notify the Employer if:

(a)     you become aware of any breach of the obligations in clause 19.1 or

(b)     you are lawfully obliged to disclose any Confidential Information to a third party and in this case must comply with the Employer’s lawful directions in relation to the disclosure.

Obligations on Termination

19.3.        On termination of your employment or at any time requested by the Employer, you must:

(a)     return to the Employer all Confidential Information; and

(b)     provide to the Employer all copies, extracts, notes and/or recordings of the Confidential Information (or any part of the Confidential Information) in any format or media; and

(c)     certify to the Employer that you have complied with these obligations.

19.4.        You must ensure secure custody of Confidential Information in your possession or control, and use your best endeavours to prevent the use or disclosure of Confidential Information in a manner contrary to this Agreement.

19.5.        Your obligations under clause 19 continue to apply after the termination of your employment with the Employer.

19.6.        For the purposes of this Agreement, “Confidential Information” means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future business operations or affairs of the Employer, or any customer, client, licensee, contractor or supplier of the Employer, including without limitation:

(a)     trade secrets of the Employer;

(b)     information about the business and affairs of the Employer such as products of the Employer, services offered by the Employer, financial accounts and reports of the Employer and its customers, marketing and/or strategy plans, client proposals, sales plans, client prospects, information about fees, pricing information, supplier lists, research, financing, inventions, designs, techniques, plans, diagrams, graphs, procedures or processes, security information, sales and training materials, and operational information and methods;

(c)     details or contracts and arrangements with third parties including information about customers, suppliers and contact persons of the Employer, such as their specific requirements, arrangements and past dealings with the Employer;

(d)     customer names and addresses, customer lists, business cards and diaries, calendars or schedules;

(e)     all technical and non-technical data, formulae, patterns, programs, devices, methods and research activities, ideas and concepts;

(f)       all financial and accounting information, pricing lists, schedules and structures, product margins and financial plans;

(g)     remuneration details and investment outlays;

(h)     Intellectual Property rights;

(i)       all information contained in this Agreement;

(j)       manuals, computer databases and computer software; and

(k)     all other information obtained from the Employer or obtained in the course of your employment with the Employer, that is by its nature confidential,

but excludes information that has come into the public domain other than by a breach of this Agreement or other unauthorised use or disclosure.

20.            Intellectual Property and Moral Rights

20.1.        Subject to any express written agreement to the contrary, you agree that all Intellectual Property rights in the Materials automatically vest in the Employer.

20.2.        To the extent permitted by law, you unconditionally and irrevocably consent to the Employer (and persons claiming an interest in the Materials through the Employer) committing any act or omission that may constitute an infringement of your Moral Rights in respect of all Materials created prior to or after this consent is given, and you waive all Moral Rights that you may have worldwide for the benefit of the Employer, its licensees, successors in title and anyone authorised by any of them to do any act compromised in the Material.

20.3.        You must, when required, do all things and execute all documents necessary to give effect to clause 20.

20.4.        Your obligations under clause 20 continue to apply after the termination of your employment with the Employer.

20.5.        For the purposes of this Agreement:

(a)     “Intellectual Property” means present and future rights conferred by statute, common law or equity in or in relation to copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions or other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include:

                                       (i)        all rights in all applications to register these rights;

                                      (ii)        all renewals and extensions of these rights; and

                                    (iii)        all rights in the nature of these rights, such as Moral Rights.

(b)     “Moral Rights” means the rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed and rights of a similar nature, that exist, or may come to exist anywhere in the world in all Materials made or to be made by you in the course of your employment.

(c)     “Materials” means works, ideas, concepts, designs, inventions, designs, drawings, plans, software, hardware, reports, documents, systems, improvements and other material or information created, made or discovered by you (either alone or with others and whether before or after the date of this document) in the course of your employment or as a result of using the resources of the Employer.

21.            Termination of Employment

21.1.        As you are a casual employee, you are not entitled to be given, and are not required to give, notice of termination.

22.            Employee Obligations Upon Termination of Employment

Return of Employer Property

22.1.        Unless expressly agreed in writing (e.g. where an item is provided as a bonus or benefit), all items provided during your employment remain the property of the Employer (or such other person as may be its legal owner) (“Employer Property”).

22.2.        Upon the date of termination, or at any time upon request by the Employer, you are to immediately:

(a)     return to the Employer all Employer Property which is in your possession, custody or control that relates in any way to the business or affairs of the Employer or its customers (including but not limited to keys, documents, business cards, computers, mobile phones, tablets and all pass codes required to access any such devices); and

(b)     return or destroy (subject to the Employer’s direction) any records or items containing Confidential Information or any information relevant to the Employer (including but not limited to electronic records).

22.3.        If required by the Employer, you agree to provide an undertaking or execute a statutory declaration confirming your compliance with sub-clauses 22.2(a) and 22.2(b). Where it does so, it may withhold any payment due to you until you have complied with that request.

22.4.        Your obligations under clause 22 continue to apply after the termination of your employment.

Deduction from Remuneration

22.5.        You agree to repay the Employer any overpayment of wages as soon as possible but within 2 months of its identification. If at the time your employment is terminated you owe any amounts to the Employer, the Employer may set off this amount against any amounts owed to you by the Employer at the date of termination, except for amounts the Employer is not entitled by law to set off.

22.6.        By signing this Agreement you acknowledge and accept that any such deductions are both reasonable and principally for your benefit, taking into account that the deduction facility:

(a)     forms part of a broader set of remuneration and benefit terms afforded by this Agreement;

(b)     allows the Employer to have the confidence to make any advance or ‘up front’ payments to you, or for your benefit, without being put to unnecessary expense to recover any repayable amounts; and/or

(c)     simplifies the repayment process for you.

22.7.        You may also authorise other deductions from time to time, by completing a written request that complies with the Employer’s requirements.

No further claims and post-employment obligations

22.8.        If your employment is terminated for any reason, you acknowledge:

(a)     your on-going duties with respect to the post-employment obligations contained in this Agreement survive the termination of this Agreement and that all amounts paid under this Agreement constitute adequate consideration for those obligations; and

(b)     you will not make or cause to be made, any statement or comment which disparages the Employer or any of its officers, employees or agents.

23.            Surveillance in the Workplace

Workplace and Video Surveillance

23.1.        You acknowledge and agree that your activities at work from the commencement of your employment may be subject to surveillance through cameras or tracking devices on an ongoing or intermittent basis. Surveillance which may occur includes, but is not limited to fixed cameras that monitor or record visual images of activities at the Employer’s premises as the Employer is permitted by law. Details may be provided in the Employer’s Workplace Surveillance Policy.

Monitoring of Communication and Information Technology Systems

23.2.        You acknowledge and agree that intermittent or ongoing monitoring, recording and/or surveillance of all communications is a condition of access to and use of the Employer’s communications and information technology systems in the course of your employment including when using the Employer’s resources in the workplace and outside of work.

23.3.        Surveillance may be carried out by, but is not limited to, software or other equipment that monitors or records the information input or output or other use of a computer, tablet, mobile telephone or any other information storage device (including the sending and receipt of emails and the accessing of internet websites).

23.4.        You must comply with all applicable laws and the Employer’s policies relating to the use of all communications, information technology and electronic resources as amended from time to time.

23.5.        You acknowledge that you have been provided with, read and understood the Employer’s Workplace Surveillance Policy and this clause constitutes notice of computer monitoring activities for the purpose of the relevant legislation.

24.            Privacy

24.1.        You consent to the Employer disclosing personal information about you to other persons for reasons relating to your employment or for the business requirements of the Employer. These persons include (without limitation) the Australian Taxation Office, superannuation fund trustees and administrators, insurers, medical or occupational practitioners, financial and legal advisers, potential purchasers on sale of business and law enforcement bodies.

25.            Set Off

25.1.        You acknowledge that the remuneration and benefits provided under this Agreement are the full benefits payable to you in respect of the employment and are paid in full satisfaction of any obligations to make payments for overtime, penalty rates, allowances, loadings or other monetary benefits to you under any legislation, award or agreement, including any statutory minimum hourly rate. You agree that the Company may set off any amount paid to you under this Agreement against any entitlement you may otherwise have had to receive any such benefits, whether of a different character or not.

26.            Severability and Entire Agreement

26.1.        This Agreement constitutes the entire agreement between the parties and supersedes all prior understanding or agreements whether oral or in writing. Any amendment to the Agreement must be agreed to in writing by the parties.

26.2.        Should part of this Agreement be deemed illegal or unenforceable it will be severed from the Agreement and will not affect the enforceability of the remaining parts of the Agreement.

27.            Governing Law

27.1.        This Agreement will be governed by and construed in accordance with the laws of Victoria and the laws of the Commonwealth. The parties agree to the exclusive jurisdiction of that State or Territory and the Commonwealth.

28.            Acknowledgement

28.1.        You acknowledge that the terms of this Agreement are fair and reasonable and you have had an opportunity to obtain independent legal advice about this Agreement.

29.            Terms not to be disclosed

29.1.        You agree not to disclose the terms of this Agreement except:

(a)     where the law says it must be disclosed;

(b)     with the prior written consent of the Employer; or

(c)     to obtain legal or financial advice.

EXECUTED as an Agreement:

Günther Schroeder (Operations Manager of FIRST CLASS CREW PTY LTD)

You[ENTER NAME IN FIELD BELOW]