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Terms & Conditions

These terms and conditions shall apply to all agreements between ABX Recruitment Pty Ltd ACN 136117 596 as trustee for the ABX Recruitment Trust (“ABX Recruitment”) and employers (“Employer”) engaging ABX Recruitment’s assistance by accepting referrals of temporary, part-time and full-time employees (“Candidates”).

Acceptance of Terms and Conditions

Any Employer that employs any Candidate, will be deemed to have accepted these Terms and Conditions provided that ABX Recruitment has provided the Employer with a copy of these Terms and Conditions prior to the Employer offering the Candidate employment.

Authority to Contract

Any employee, contractor, or agent of the Employer, engaging the services of ABX Recruitment on behalf of the Employer warrants that he/she is duly authorised to act on behalf of, and bind the Employer and warrants that they are under no legal disability to contract.

Candidate Screening

All ABX Recruitment Candidates are screened, interviewed, shortlisted and reference checked prior to being referred to the Employer. ABX Recruitment may use behavioural and competency-based interviewing techniques when screening Candidates.

Suitability of Candidates

ABX Recruitment will take all reasonable steps to find a suitable Candidate to match the Employer’s available position, however will not be liable for any damage, costs or losses that the Employer may incur as a direct or indirect result of the Candidate which the Employer employs and does not accept liability for any medical or other disabilities of any Candidate not disclosed by the Candidate to ABX Recruitment and/or the Employer prior to being offered a position by the Employer.

ABX Recruitment will provide the Employer with a list of Candidates for the Employer to interview, however it is the responsibility of the Employer to determine which of those Candidates (if any) are suitable for the available position.

It is the Employer’s responsibility to manage, supervise and direct the Candidate.

ABX Recruitment accepts no liability whatsoever for any loss, damage or expense arising howsoever as a consequence of any act or omission by a Candidate whilst under the employ of the Employer and it is expressly agreed and understood between the Employer and ABX Recruitment that only the Employer is in a position to assess or insure against the risk in respect of, or during, or arising out of, the period for which any Candidate is under the employ of the Employer. 

Exclusive / Non Exclusive Assignments

If the Employer elects to use ABX Recruitment exclusively, then the Employer will receive a cheaper rate on the fees payable, however the Employer must not engage the services of any other recruitment agencies or source candidates themselves. If the Employer engages ABX Recruitment exclusively and the Employer does not employ a Candidate within thirty (30) days of engaging the services of ABX Recruitment then the Employer will be entitled to use other recruitment agencies while retaining the same rate from ABX Recruitment. 

 

ABX RECRUITMENT	PREMIER PACKAGE	VALUE PACKAGE	SIMPLY CVs
	10% Exclusive + GST 15% Non-Exclusive + GST	8% Exclusive + GST 12% Non-Exclusive + GST	$1500 + GST FLAT FEE
Job Briefing
Database Search
Internet Advertising
Shortlisting
Interview and/or Tele-screen
Client / Candidate Liaison
Administration
Reference Checks	2-3	1-2
Behavioural Profiling
Placement guarantee	6 months	3 months

Fees

ABX Recruitment offers a choice of three (3) recruitment packages. The Employer acknowledges that the packages contain the following inclusions and the Employer must pay the price correlating to the package that they choose (“the Placement Fee”):

The Employer acknowledges that all of the above Placement Fees are exclusive of GST and do not include newspaper or media advertising, travel and other related costs.

Should any other costs be incurred, ABX Recruitment will obtain the Employer’s consent prior to incurring those costs and the Employer must pay these additional costs prior to ABX Recruitment incurring such additional costs on behalf of the Employer.

Payment of Fees / Placement Guarantee

The Placement Fees for Premier and Value Packages are payable:

• 50% prior to commencement of assignment (when Exclusive - Client is then entitled to discounted rate)

• 50% on day candidate commences placement (when Exclusive - Client is then entitled to discounted rate)

Fees for the Simply CV's package are payable in full prior to the commencement of the assignment.

 

• Non Exclusive assignments attract a higher rate, payable on candidate placement

 

Offers of Employment

The Employer must notify ABX Recruitment immediately if any Candidate accepts an offer of employment from the Employer.

Neither the Employer, nor any of the Employer’s associates or agents, shall offer employment to any Candidate within twelve (12) months after any initial interview with a Candidate so referred, except in accordance with these Terms and Conditions.

The Employer acknowledges that if the Employer does offer employment to any Candidate within twelve (12) months and the Employer does not do so in accordance with these Terms and Conditions, then ABX Recruitment will have a full right to claim all costs payable under these Terms and Conditions from the Employer, including any legal costs incurred in doing so on an indemnity basis, regardless of the period of time for which the Employer has employed the Candidate.

The Employer further acknowledges that such claim is fair and reasonable, as a result of the said breach.

Guarantees and Refunds

If the Employer is not satisfied with the Candidate that the Employer hires within the guarantee period and the Employer has purchased a package that includes a placement guarantee, then ABX Recruitment will provide the Employer with a replacement Candidate provided that:

1. the Employer has paid all payments required under these Terms and Conditions to ABX Recruitment; and

2. the Employer notifies ABX Recruitment of the dissatisfaction prior to the expiry of the placement guarantee period included in the package purchased by the Employer; and

3. the Employer has not made the Candidate redundant or transferred the Candidate to another position that is similar to the position that the Candidate was first employed in by the Employer.

If, for whatever reason, the Employer does not require a replacement Candidate then the Placement Fee will not be refunded.

If, after ABX has commenced searches and other work on the role, the job does not go ahead, a refund of the placement fee will be given to the Client, less a consulting fee of $900 to cover consultant time, searches and internet advertising.

If a replacement candidate cannot be found, for whatever reason, by ABX Recruitment, then a refund of the placement fee will be given, less the consulting fee of $900.

Compliance with Laws

The Employer agrees to comply with all statutes, by-laws and other legal requirements as the Employer would in respect of any of the Employer’s staff.  Candidates who act as temporary employees are required to conform to the rules, procedures and policies in effect at the Employer’s establishment.  The Employer warrants and confirms that its policies, procedures and work practices comply fully with current legislation.

Privacy

ABX Recruitment collects information about Employers and Candidates in accordance with the Privacy Act 1988.  All Candidates referred from ABX Recruitment to the Employer are done so in the strictest confidence.

All personal information collected by ABX Recruitment about Candidates and the Employer is kept confidential and is only collected by ABX Recruitment for the purpose of assisting in the recruitment process.

ABX Recruitment is not liable for any information provided by ABX Recruitment to the Employer that the Employer passes to third parties. If the Employer contacts a referee of the Candidate without the consent of the Candidate then ABX Recruitment shall not be held liable for the unlawful disclosure of the Candidate’s personal information.

The Employer must not obtain its own references about a Candidate from anyone other than the referees provided to the Employer by the Candidate or ABX Recruitment.

Indemnity

ABX Recruitment shall not be liable for any loss or damage that the Employer may suffer as a result of employing the Candidate. The Employer agrees to indemnify and hold indemnified ABX Recruitment for all actions, claims, demands, damages, liabilities and costs or expenses arising from, or as a result of, the Employer’s management of the Candidate.

ABX Recruitment is not liable for any incorrect information that a Candidate or a referee of a Candidate supplies to ABX Recruitment that is passed on to the Employer, or that the Candidate, or a referee of the Candidate, has supplied directly to the Employer.

Ultimately, the decision to employ a candidate rests with the Employer.