The Staffing Subcontractor Agreement is essential for Australian businesses engaging external contractors through staffing agencies or contractor management companies. This document is particularly relevant in the current Australian business environment where flexible workforce arrangements are increasingly common. It ensures compliance with relevant legislation including the Fair Work Act 2009, Independent Contractors Act 2006, and applicable state laws. The agreement provides a framework for managing contractor relationships, defining service expectations, establishing payment terms, and protecting both parties' interests while maintaining clear differentiation from employment relationships. It includes comprehensive provisions for risk management, intellectual property protection, and regulatory compliance, making it suitable for various industries and contract arrangements.
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1. Parties: Identification of the principal company and the subcontractor, including ABN/ACN and registered addresses
2. Background: Context of the agreement, nature of the principal's business, and general purpose of the subcontracting arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Engagement and Scope: Terms of engagement, confirmation of contractor status, and detailed scope of services to be provided
5. Term: Duration of the agreement, including commencement date and renewal provisions
6. Contractor Obligations: Key responsibilities, service standards, compliance requirements, and performance expectations
7. Principal's Obligations: Responsibilities of the principal company, including provision of information and resources
8. Fees and Payment: Payment terms, rates, invoicing procedures, and expenses
9. GST and Taxation: GST arrangements and tax responsibilities of both parties
10. Relationship of Parties: Clear statement of independent contractor relationship and not employment
11. Insurance: Required insurance coverage and minimum limits
12. Confidentiality: Protection of confidential information and trade secrets
13. Intellectual Property: Ownership and usage rights of IP created during the engagement
14. Liability and Indemnity: Risk allocation, limitations of liability, and indemnification obligations
15. Termination: Grounds for termination, notice periods, and consequences of termination
16. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Non-Compete: Restrictions on competing activities - include when protecting business interests is crucial
2. Work Health and Safety: Specific WHS obligations - include for high-risk industries or onsite work
3. Equipment and Resources: Provisions regarding tools and equipment - include when specific equipment is required
4. Quality Assurance: Quality standards and monitoring - include for technical or specialized services
5. Subcontracting: Right to subcontract services - include when allowing/restricting further subcontracting
6. Key Personnel: Identification of key staff - include when specific individuals are crucial to service delivery
7. Performance Reviews: Review processes and KPIs - include for long-term or complex engagements
8. Data Protection: Specific data handling requirements - include when dealing with sensitive information
1. Schedule 1 - Services Description: Detailed description of services, deliverables, and performance standards
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Insurance Requirements: Specific insurance types and coverage limits required
4. Schedule 4 - Key Personnel: Details of approved key personnel and their qualifications
5. Schedule 5 - Service Levels: Specific service level requirements and measurement criteria
6. Appendix A - Compliance Requirements: Relevant regulatory and compliance obligations
7. Appendix B - Policies and Procedures: Applicable principal company policies and procedures
8. Appendix C - Forms and Templates: Standard forms for reporting, invoicing, and other administrative requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Construction
Mining
Healthcare
Engineering
Manufacturing
Consulting
Financial Services
Education
Telecommunications
Media and Entertainment
Relevant Teams
Human Resources
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Project Management Office
Talent Acquisition
Contract Administration
Relevant Roles
Human Resources Director
Procurement Manager
Legal Counsel
Contract Manager
Operations Manager
Project Manager
Talent Acquisition Manager
Risk Manager
Compliance Officer
Chief Financial Officer
Business Unit Manager
Resource Manager
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