Terms & Conditions

Introduction

Welcome to the website for MCMATH LABOUR HIRE PTY LTD (ACN 692 269 284). These Terms and Conditions ("Terms") govern your use of our website and the provision of our labour hire services ("Services"). By accessing this website or engaging our Services, you agree to be bound by these Terms.

Definitions

"Company," "We," "Us," "Our" refers to MCMATH LABOUR HIRE PTY LTD , a proprietary company limited by shares, registered in Western Australia.
"Client," "You," "Your" refers to any person, business, or organisation that engages our Services to hire temporary staff.
"Candidate" refers to an individual employed by us and supplied to a Client for a temporary work assignment.
"Assignment" refers to the period during which a Candidate is supplied to perform work for a Client.
"Fees" refers to the charges payable by the Client for the Services, as agreed upon in the relevant schedule or quote.

Our Services

3.1. We agree to source, screen, and supply Candidates to the Client for temporary Assignments as requested. 3.2. We are responsible for the Candidate's employment, including payment of wages, superannuation, workers' compensation insurance, and other employee entitlements. 3.3. The Candidate remains an employee of MCMATH LABOUR HIRE PTY LTD at all times during an Assignment. They are not an employee of the Client.

Client Obligations

The Client agrees to: 4.1. Workplace Health & Safety (WHS): Provide a safe work environment for the Candidate, in compliance with all relevant WHS legislation, regulations, and codes of practice. You must provide a site-specific induction, necessary personal protective equipment (PPE), and adequate supervision. 4.2. Incident Reporting: Immediately notify us of any WHS incident, accident, or injury involving a Candidate. 4.3. Supervision & Direction: Provide the Candidate with adequate direction, instruction, and supervision to perform their duties safely and effectively throughout the Assignment. 4.4. Timesheets: Accurately verify and sign authorised timesheets for the Candidate at the end of each work period. Signature of a timesheet constitutes acceptance that the hours are correct and the work was performed satisfactorily. 4.5. Lawful Directions: Ensure all instructions given to the Candidate are lawful and that the Candidate is not required to perform work outside of their skills, qualifications, or the agreed scope of the Assignment.

Fees and Payment

5.1. The Client will be invoiced for the Fees, calculated based on the approved timesheets at the agreed-upon hourly rate. 5.2. Invoices are payable within fourteen (14) days of the invoice date, unless otherwise agreed in writing. 5.3. We reserve the right to charge interest on overdue amounts at a rate of 2% per month. 5.4. All fees are exclusive of Goods and Services Tax (GST) unless otherwise stated.

Candidate Placement and Replacement

6.1. We will use our best endeavours to provide a suitable Candidate for the Assignment. However, we do not guarantee the suitability of any Candidate. 6.2. If the Client is not satisfied with a Candidate's performance, you must notify us within the first four (4) hours of the Assignment. We may, at our discretion, replace the Candidate and may not charge for the hours worked by the initial Candidate. 6.3. The Client must not directly or indirectly engage or employ a Candidate introduced by us within a twelve (12) month period following the completion of their most recent Assignment, without our prior written consent. A placement fee will be payable if this clause is breached.

Liability and Indemnity

7.1. We are not liable for any loss, damage, cost, or expense suffered by the Client resulting from the actions, negligence, or misconduct of a Candidate during an Assignment. 7.2. The Client agrees to indemnify MCMATH LABOUR HIRE PTY LTD against all claims, liabilities, damages, and expenses arising from any act or omission by the Client, including but not limited to breaches of WHS obligations or negligence.

Confidentiality

Both parties agree to keep confidential all information, including business, financial, and personal information, shared by the other party. This obligation continues after the termination of any agreement.

Termination

Either party may terminate an Assignment by providing the other party with the agreed-upon notice in writing. The Client remains liable for all Fees for hours worked up to the termination of the Assignment.

General Provisions

10.1. Governing Law: This agreement is governed by the laws of Western Australia and the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia. 10.2. Entire Agreement: These Terms constitute the entire agreement between the parties concerning the subject matter and supersede all prior communications. 10.3. Amendments: We reserve the right to amend these Terms at any time. The updated Terms will be posted on our website, and your continued use of our Services will constitute acceptance of the new Terms.