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Staffing Agency Contract for Australia

Staffing Agency Contract Template for Australia

This is a comprehensive contract template designed for staffing agencies operating in Australia, governing the relationship between staffing agencies and their client companies. The document incorporates requirements from Australian federal employment legislation and state-specific labor hire licensing laws, addressing key aspects such as worker placement, workplace safety, privacy compliance, and payment terms. It includes provisions for risk allocation, worker management, and compliance with relevant Australian employment standards while providing flexibility for industry-specific modifications.

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What is a Staffing Agency Contract?

The Staffing Agency Contract Template is designed for use in the Australian market where labor hire arrangements are subject to both federal and state-specific regulations. This document is essential for staffing agencies providing temporary, contract, or permanent placement services to client companies. It addresses critical aspects including labor hire licensing requirements, workplace health and safety obligations, worker rights and entitlements, and commercial terms. The template is structured to comply with the Fair Work Act 2009 and relevant state labor hire licensing legislation, while maintaining flexibility for adaptation to specific industry requirements and business needs. It includes comprehensive provisions for worker management, risk allocation, insurance requirements, and dispute resolution procedures.

What sections should be included in a Staffing Agency Contract?

1. Parties: Identification of the staffing agency and the client company

2. Background: Context of the agreement and general purpose of the staffing arrangement

3. Definitions: Key terms used throughout the agreement including 'Assigned Workers', 'Services', 'Assignment', etc.

4. Services: Detailed description of staffing services to be provided by the agency

5. Agency Obligations: Core responsibilities of the staffing agency including worker screening, compliance, and management

6. Client Obligations: Core responsibilities of the client including workplace safety, supervision, and communication

7. Worker Management: Processes for worker assignment, replacement, and performance management

8. Fees and Payment: Service fees, payment terms, and invoicing procedures

9. Workplace Health and Safety: WHS obligations and procedures for both parties

10. Confidentiality: Protection of confidential information for all parties

11. Privacy and Data Protection: Handling of personal information and compliance with privacy laws

12. Insurance and Liability: Insurance requirements and allocation of liability between parties

13. Term and Termination: Duration of agreement and termination provisions

14. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

What sections are optional to include in a Staffing Agency Contract?

1. Non-Solicitation: Restrictions on direct hiring of workers, used when the agency wants to protect its workforce

2. Intellectual Property: IP ownership and protection, required when workers may create IP during assignments

3. Performance Guarantees: Specific service level commitments, used for high-value or critical staffing arrangements

4. International Assignments: Additional provisions for international placements, when relevant

5. Training and Development: Responsibilities for worker training, used when specific qualifications or skills are required

6. Transition Services: Provisions for transition of workers at contract end, used for long-term or large-scale arrangements

What schedules should be included in a Staffing Agency Contract?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

2. Schedule 2 - Service Specifications: Detailed description of services, including any specific requirements or service levels

3. Schedule 3 - Worker Categories and Qualifications: List of worker types and required qualifications/certifications

4. Schedule 4 - Workplace Policies: Key workplace policies applicable to assigned workers

5. Appendix A - Assignment Confirmation Template: Standard form for confirming individual worker assignments

6. Appendix B - Performance Review Process: Documentation of worker performance review procedures

7. Appendix C - Incident Reporting Procedures: Forms and procedures for reporting workplace incidents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Employment Form

Cost

Free to use
Relevant legal definitions




































Clauses































Relevant Industries

Construction

Healthcare

Information Technology

Manufacturing

Mining

Professional Services

Retail

Hospitality

Education

Financial Services

Logistics

Administrative Services

Relevant Teams

Human Resources

Legal

Procurement

Operations

Recruitment

Compliance

Commercial

Risk Management

Business Development

Account Management

Relevant Roles

HR Manager

Legal Counsel

Procurement Manager

Operations Manager

Recruitment Manager

Compliance Officer

Contract Administrator

Business Development Manager

Account Manager

Risk Manager

Commercial Manager

Human Resources Director

Chief Operating Officer

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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