DEFINITIONS
- âusâ, âourâ, âourselvesâ or âweâ refers to Cornerstone OZ CARE LINK, and any related entity, on
whose behalf we have authority to act;
- âyouâ or âyourâ refers to you the candidate completing the registration;
- âthe partiesâ means you and us;
- âemployerâ or âclientâ includes a person who provides or who may wish to provide a position other than under a
contract of service;
- âemployment serviceâ means any category of service recognised by RCSA as a Corporate Membership Category of
Service;
- âplacementâ means the employment or engagement of you by our client or related third party, or us, on a
permanent or temporary basis;
- âour active registerâ means the register of people currently looking for work through us;
- âour inactive registerâ means the register of people who have previously been on our active register, and who have
indicated that upon being removed from our active register, we may place them on our inactive register of people
who might be interested in receiving information from us about available positions;
- âpersonal informationâ means any information, or an opinion (whether true or not), about you and may range from
the sensitive (e.g. your medical history or condition) to the everyday (e.g. your address and telephone number). It
would include the opinions of others about your work performance, or work experience and qualifications, aptitude
test results, and any other relevant information obtained by us in connection with your possible placement;
LEGAL IMPLICATIONS
2.1 Subject to sub-clauses 2.2 and 2.3, the terms outlined in this document become effective and legally binding upon your acceptance, which can be conveyed by signing and returning a copy to us, verbally confirming your acceptance, or registering with us.
2.2 The acknowledgement or statement by us of any statutory obligation or duty, or obligation or duty arising from the RCSA
Code for Professional Conduct, shall not operate or be enforceable by you against us as a contractual term; but such
obligations and duties shall operate of their own force and effect.
2.3 Nothing contained in this document shall operate to create any enforceable obligation or estoppel at law or in equity,
or to confer any benefit or advantage on us in relation to our carrying on of business as an Employment Agent or Private
Employment Agent:
ain the Australian Capital Territory or the State of Queensland;
bin the Australian Capital Territory or the State of Queensland;
- you are listed with us as a person who is seeking employment; or
- we are seeking employment for you Except to the extent to which this document operates as a lawful consent
or permission given by you in writing for the purposes of:
- the Agents Act 2003 (ACT) and Agents Regulation 2003 (SA)
- the Private Employment Agents Act 2005 (Qld) and Private Employment Agents (Code of Conduct) Regulation
2005 (Qld);
- the Employment Agents Registration Act 2003 (SA) and the Employment Agents Registration Regulations 1995
(SA);
- the Privacy Act 1988 (Câth);
- the Privacy Act 1993 (NZ)
- Or otherwise as may be permitted by law."
2.4 Nothing contained in this document shall operate to create any relationship between you and us of:
- principal and agent; or
- partnership or joint venture
2.5 To the extent that this document serves as lawful consent or authorization under any law concerning privacy protection or the safeguarding of personal or confidential information,
it should be read in conjunction with:
- any collection statement we may provide to you; and
- any privacy policy of ours that you may request.
2.6 This document should be read in conjunction with and is subject to any statutory or regulatory disclosures required by applicable laws governing our operations as an employment service provider.
2.7 The terms of this document take precedence over any previous agreements or representations made by either party regarding its subject matter.
2.8 This document constitutes the complete agreement between you and us, superseding any prior representations or agreements to the contrary.
2.9 We reserve the right to update these Terms and Conditions at any time, and to request that you agree to any new and
revised Terms and Conditions as a condition of your continued candidacy with us.
APPLICATION
The terms of this document will apply (subject to sub-clauses 2.2 and 2.3) once you accept them, which can be communicated by signing and returning a copy to us, verbally confirming your acceptance, or registering for work with us.
OUR ACKNOWLEGEMENTS & RESPONSIBILITIES
- We offer a recruitment service that connects candidates with our clients, identifying both suitable candidates and placement opportunities.
- For certain positions, you will be directly employed by our client, while for others, you will be employed by us. Your recruitment consultant will inform you of your employer when presenting an opportunity. The decision on whether you are employed directly by our client or by us is determined by the client.
- We do not cover costs related to any placement, including relocation expenses or medical registration fees
- We reserve the right to decline or discontinue representation at any time without notice or explanation.
- You agree that neither we, nor our directors, officers, or employees, will be held liable for any consequences if we decline or cease to represent you, refrain from referring you to assignments, fail to provide you with work, or if a client cancels or terminates your placement.
DISCLOSURE OF POSITION INFORMATION
We will not schedule any interviews with a client or prospective client without first providing you with the following information about the position,
to the extent that we know it and are permitted to disclose it.
- identity of the prospective employer;
- position title;
- inherent requirements of the position;
- employment status;
- remuneration;
- functions and duties;
- hours of work;
- leave entitlements;
- superannuation contributions;
- any other matter that we are required by or under any statute to advise to you.
REPRESENTATIONS & IMPLIED TERMS
3.1 Subject to clause 3.2 we make no representation that:
- the position will be suitable to your requirements or abilities;
- the position offers or may offer any remuneration, job security, career path or other benefit of whatsoever nature other
than is expressly disclosed to you in accordance with clause (DISCLOSURE OF POSITION INFORMATION));
- any services we provide to you will achieve a certain level of performance, achieve a certain outcome, solve a
particular problem, or attain a specific goal.
3.2 Our liability for any breach of a term implied into any contract for the supply of services by us to you by any Act of
Parliament will be limited, at our option, to providing, or paying the costs of providing, the services again.
RELATIONSHIP MANAGEMENT
- Upon your registration we will appoint one of our consultants as your primary contact. We may change your primary
contact from time to time as we think fit.
- We may provide a service to our clients and potential clients in connection with our presentation of you to them and be
paid a fee by them for doing so. The duties that we owe to our clients and potential clients may bear upon the manner
in which we may present you to them, such that there may be occasions when we cannot present you as you would
wish. On those occasions, we will explain the situation to you so far as we are reasonably able and will indicate to you
what options we consider that you may have.
- References that we obtain from third parties are sometimes given to us or may only be obtained on condition that we
observe certain restrictions on their subsequent use or disclosure in order to preserve confidentiality. This may mean
that we may not always be able to permit you access to comments made by your referees. On those occasions, we will
explain the situation to you so far as we are reasonably able and will indicate to you what options we consider that you
may have.
ACTIVE REGISTER
After you have signed one of our registration forms or requested that we assist you to find work we will place you on
our active register.
We will keep you on our active register unless any of the following eventuate, in which case we may remove you from
our active register if:
- we do not hear from you for 3 months;
- you advise us you are no longer interested in seeking work through us;
- your registration with any relevant registration or licensing authority has expired or a current copy is not on our
file;
- we receive substantiated report(s) of unsatisfactory work performance or conduct;
- we reasonably consider that you have failed to comply with your acknowledgments and responsibilities as set out
in this document
Whilst you remain on our active register when one of our clients, or a potential client, indicates that they may have a
position available that is suitable to your skills and preferences, we will:
- consider whether you might be suitable to fill the position;
- raise with you relevant aspects of your personal information and registration that we have not been able to satisfy
ourselves are substantially accurate, complete, up to date, and not misleading;
- if we consider that you might be suitable to fill the position, subject to the terms of any current consent you have
provided to us, present you to our client, or potential client, by forwarding to any person who is recruiting for that
position such details of your work history, aptitude, skills, experience and work availability together with such
cautionary notes with respect to any matter raised with you under sub-paragraph (b) above, as we think fit. Unless
you have told us that you require us to forward your personal informationon an anonymous or pseudonymous
basis, we may also forward details of your name any other necessary identifying personal information.
Whilst you remain on our active register you will:
ensure that any registration, licence, practicing certificate or accreditation; insurance; security clearance, work permit,
or vaccination that is necessary to enable you to perform your preferred work is current, is renewed regularly, and that
evidence of currency is provided to us;
- keep us advised of any changes to the details on the forms you complete in connection with your registration or
contained in any resume you have provided to us. This includes but is not limited to malpractice issues, registration
restrictions, suspensions or an illness/disability that impacts your ability to perform your duties;
- be responsible for informing us in writing of any matters necessary to ensure that the information that we may use
or disclose about you in connection with our attempts to assist you to find work is accurate, current, complete,
relevant and not misleading, including changes in:
- circumstances that may affect your employment status or classification;
- the extent of our authority to release information to third parties;
- personal information.
- Any change will only be effective from the date of receipt of notice of them;
- make every reasonable effort to ensure that you remain available to accept an offer of an interview or placement in
that period;
- notify us immediately of:
- the outcome of any interview between you and our client or potential client;
- any offer (or acceptance of any offer) of work you have received. Your notification must include details of the
remuneration or benefits offered;
- the commencement of your employment in any position that you have obtained directly or indirectly through
assistance provided by us;
- if you accept a position from another employment agency while we are seeking opportunities for you.
If we remove you from our active register we may place you on our inactive register.
We may remove you from our inactive register when we no longer require your personal information for any purpose
for which it may lawfully be used or disclosed.
Inclusion in or removal from our active register or inactive register does not affect any statutory obligation we may
have to collect and maintain certain information on any statutory register that we may be obliged to keep.
FEES & CANCELLATIONS
Our clients pay a fee for our services. We will not charge you for placing you into employment with a client.
The fee paid by our clients is confidential, and they are contractually obligated not to disclose any information about the fees to you.
Our clients are obligated to pay a fee if you secure a temporary or permanent position as a result of our initial referral, or if you are offered a permanent position following a temporary placement. Both you and the client are required to notify us if either of these situations arises.
We are not liable for any decision of a client to cancel or terminate a placement.
While this is rare, we will promptly notify you of any changes, cancellations, or terminations of a placement. We are not liable for any costs resulting from these changes, cancellations, or terminations, and depending on your contract terms, such costs may be your responsibility or that of the client.
You agree to inform us immediately if you wish to change, cancel or terminate any agreed placement.
Cancellation of a confirmed placement within 72 hours of the start date may incur a penalty from the respective health
service based on the health service policy.
If you do not fulfill the contract, any previously agreed reimbursements may no longer be owed.
SEVERANCE
If any of these terms is held to be invalid in any way, or unenforceable, it will be severed, and the remaining terms will
not be affected or impaired; but will be construed so as to most nearly give effect to the intent of the parties at the
time it was originally executed.
I have read and agree to the following Terms and Conditions:
- To comply with these Terms and Conditions throughout my candidacy with Cornerstone Recruitment and for the duration of any placement obtained through Cornerstone Recruitment.
- To the collection, use, and disclosure of my personal information for the purpose of securing employment.