EMPLOYMENT AGREEMENT

Updated Aug 28, 2017
  1. My employment declarations

    By clicking on the “Accept” button at the end of this agreement, I accept these Terms and Conditions (this “agreement”) and confirm that:

    1. I have read this agreement and the Fair Work Information Statement and have been given adequate opportunity to obtain independent legal advice and raise any objections;
    2. I am an Australian resident or hold a valid Australian Visa which allows me to lawfully perform the work in relation to the assignment confirmation;
    3. I wish to be employed under these terms and conditions, by Nvoi Australia Pty Ltd ABN 59 167 434 326 (“Nvoi”), from time to time, on a casual basis, on a skilled work assignment (“assignment”) agreed by me and Nvoi’s hiring client (“Nvoi client” or “client”) which I located on the website www.meetnvoi.com (the “platform”);
    4. I acknowledge that having received an assignment confirmation from Nvoi, naming me as the successful candidate, Nvoi will become my employer for each and every assignment I find on the platform, starting on the commencement of that assignment, and ending on the termination of that assignment. If the client agrees to an extended assignment period, termination of my Nvoi employment occurs on the termination of that extended assignment term. When I am not on assignment, I am not a Nvoi employee; and
    5. I understand that Nvoi may terminate my employment and the assignment at any time under circumstances detailed in clause 3 below.
  2. Nature of Employment Relationship

    1. The amount and nature of work provided through the platform is dictated by the needs of Nvoi clients. I understand that when an assignment ends my employment with Nvoi ends, and that there is no guarantee that another assignment will commence immediately thereafter or that I will be employed again by Nvoi.
    2. I understand that as a casual employee, I will not be entitled to any public holiday (on which I do not work) or paid leave entitlements and that my negotiated pay has been sufficiently loaded to take into account the absence of public holiday and paid leave entitlements.
    3. Regardless of the nature or duration of any assignment, I understand that under no circumstances am I eligible or entitled to participate in any of the client’s benefit, incentive or bonus plans which may be in effect for non-casual employees of the client.
    4. I acknowledge that regardless of the nature or duration of any assignment, the client is not under any obligation to employ me in any capacity, either during or on completion of the assignment.
  3. Nature of each Assignment

    1. Each assignment is documented in an assignment confirmation form accepted by me prior to assignment commencement. In particular, I accept the assignment terms including:
      1. Assignment period;
      2. Days and hours of service;
      3. Location of assignment; and
      4. Hourly rates of pay.
    2. Variations to an assignment confirmation can be agreed at any time between a client and myself, provided always that the terms of these variations are confirmed by Nvoi in a replacement assignment confirmation. I will not commence work under any variation until such time as I receive the replacement assignment confirmation from Nvoi.
  4. My Timesheets and Pay

    1. I acknowledge that during an active assignment, the client has primary responsibility to complete a timesheet by 1700 hours each Friday (“timesheet deadline”). Failure by both the client and myself to complete and confirm a timesheet before the timesheet deadline, will indicate my confirmation that I have worked the weekly standard assignment hours. If I have not worked standard hours, I will contact the client well before the timesheet deadline and inform him/her of the relevant adjusted information so that my timesheet can be completed before the timesheet deadline honestly and accurately.
    2. I will not submit, and acknowledge the platform cannot accept, a timesheet claiming work completed that is greater than the assignment standard hours. If the client wishes to purchase, and I am willing to accept, additional hours over and above standard hours, the client must first create a replacement assignment offer for confirmation by Nvoi.
    3. I am aware that the timesheet approval process is as follows:
      1. If the client creates or amends a timesheet, they will advise me before the timesheet deadline of the new or amended timesheet details, and:
        1. If I accept their timesheet (or their amended timesheet), this is taken as the approved timesheet for the purposes of calculating my pay; or
        2. If I reject their timesheet (or their amended timesheet), I will use best endeavours to resolve any differences directly with the client before the timesheet deadline.
      2. If the client and I are unable to agree on the timesheet (or amended timesheet) before the timesheet deadline, Nvoi will calculate my pay using the assignment’s standard hours.
    4. I understand Nvoi will:
      1. Pay my base pay (calculated as hourly rates of pay multiplied by hours of service work agreed by the client), directly into my nominated bank account, every two weeks on the Tuesday following two pay periods ending at 1700 hours on Fridays (i.e. two weeks);
      2. Deduct employment withholding taxes from any amounts paid to me for assignment work performed;
      3. Pay, in addition to my base pay, any minimum superannuation guarantee contributions as defined by the Superannuation Guarantee (Administration) Act 1992 (Cth) and the Superannuation Guarantee Charge Act 1992 (Cth), each as amended or replaced from time to time, into my nominated complying superannuation fund, or if I do not nominate a fund, into Nvoi's default fund;
      4. Pay all other employment or payroll taxes and workers compensation insurance premiums as required by law; and
      5. Take reasonable steps to ensure that my effective rates of pay will not fall below minimum award (as defined in section 12 of the Fair Work Act) or relevant enterprise agreement levels for the work to be performed (if relevant).
  5. Duty of Care

    1. I will faithfully serve Nvoi and its clients, and use my best endeavours to promote their interests and welfare. I will not do or say anything about Nvoi or the client which may materially harm Nvoi, the client and their reputation.
    2. I understand that like myself, Nvoi’s clients are duty bound not to employ me outside the platform without Nvoi’s consent, and hence I agree to promptly notify Nvoi within 24 hours if any Nvoi client, or associate of any Nvoi client, contacts me with the intent to employ me directly. I am aware that Nvoi is happy to assist me, to transition to a permanent role within the client, on payment by the client of an administration fee.
    3. I agree to promptly complete Nvoi’s first-day checklist received by me via email, and immediately notify Nvoi of any matters concerning Work Health and Safety (“WHS”) issues, including but not limited to the absence of WHS training provided by the client, and to fully cooperate with Nvoi and the client to ensure that all WHS obligations are fully met.
    4. If I am ill, or unable to carry out all or part of the assignment, I will notify Nvoi immediately.
  6. Warranty as to my ability

    1. I confirm I have provided accurate information about my qualifications, skills and experience.
    2. I confirm I am fit and able to carry out the assignment services in a proper and efficient manner.
  7. Confidentiality

    1. In the course of an active assignment, I will have access to, become aware of, or be involved in the generation of the client’s Confidential Information, Works and Inventions.
    2. I acknowledge and warrant that I will:
      1. keep such Confidential Information in the strictest confidence;
      2. without the client’s approval, neither use, disclose or communicate any such Confidential Information to any person or company either during or after the active assignment;
      3. disclose to the client all Works and Inventions whether capable of attracting Intellectual Property Rights or not, and acknowledge that the client is the absolute owner of all Intellectual Property Rights in any such Works and Inventions;
      4. upon ceasing an active assignment, immediately return to the client all such Confidential Information (and all copies thereof) which is in my possession, custody or control;
      5. without the client’s approval, not disclose or communicate any such Confidential Information relating to any Works or Inventions;
      6. sign all necessary documents and do all things necessary immediately at the client’s request to establish and protect any of the client’s rights in the client’s Confidential Information, and to confirm or protect the client’s title in the Intellectual Property Rights in any Works and Inventions;
      7. irrevocably consent to all or any acts or omissions by the client which may infringe my Moral Rights in any of the Works and Inventions, and agree to take no action or proceedings against the client for such breach; and
      8. the obligations under this clause will survive the termination of this agreement and will be enforceable at any time at law or in equity and will continue to the benefit of and be enforceable by Nvoi.
    3. Nothing in this agreement prevents me from disclosing Confidential Information that is required to be disclosed by law or that is in the public domain otherwise than as a result of my wrongful act.
  8. Termination

    1. My employment is automatically terminated on completion of the active assignment. Commencement of another active assignment, with the same client or another client, will require acceptance of a new employment agreement.
    2. Either Nvoi or I may terminate this agreement at any time prior to the assignment end date, with immediate effect and without notice. I acknowledge that under these circumstances, I will only receive remuneration and superannuation contributions referrable to the period of work I performed prior to the termination date.
    3. I understand Nvoi will terminate this agreement if:
      1. The assignment ends or has been completed or discontinued by the client prior to the assignment end date at the client’s discretion;
      2. The client is dissatisfied with my performance for any reason and terminates the assignment;
      3. I fail to attend the agreed location at any time without prior notice to Nvoi, or without reasonable explanation, and under these circumstances, it will be reasonable for Nvoi to assume I have abandoned the assignment; or
      4. I engage in serious misconduct or do any act or omission justifying summary dismissal at common law.
  9. Other matters

    1. No Delegation – I will not delegate the performance of an assignment to anyone else.
    2. Out-of-Pocket Expenses – Reimbursement of any expenses I incur, relating directly to the provision of assignment services, will be determined directly between the client and myself. I agree to not accept any other remuneration or payment from the client for the provision of my services.
    3. Entire understanding - This agreement embodies the entire understanding and agreement between the parties as to its subject matter, and supersedes all prior representations and agreements. I acknowledge that I have been provided with a Fair Work Information Statement by Nvoi on the commencement of this agreement.
    4. Governing Law - This agreement is governed by and is to be construed in accordance with the laws in the State of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts that have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
    5. Notices and Communications - Any notice given by Nvoi to me under this agreement, including tax invoices, will be posted to my notifications page on the platform. Any notice given by me to Nvoi under this agreement will be posted through Nvoi’s “help/contact” page on the platform.
  10. Definitions

    In this agreement:

    1. Confidential Information means information relating to a client's business or affairs, that can reasonably be regarded as confidential, being information not in the public domain or known to competitors of a client, any other information I am given or which comes to my knowledge during the course of an assignment that I am told is confidential or which a reasonable person would expect to be confidential from its nature and content, and without limitation to the foregoing includes information (whether oral, written, recorded or stored by any form) of a commercial, operational, technical or financial type and specifically all information relating to any process, training program, formula or product, corporate opportunities, research, financial and sales data, pricing and trading terms, evaluations, opinions, interpretations, human resources and remuneration strategies and plans, acquisition prospects, the identity of the client's customers or their requirements, the identify of key customers contacts, customers lists, sales and marketing and merchandising techniques, products, prospective names and any trade secret;
    2. Intellectual Property Rights means all intellectual proprietary rights whether registered or unregistered and whether existing under statute, at common law or in equity throughout the world including, without limitation, all trademarks, trade names, logos, symbols, brand names or similar rights, registered or unregistered designs, patents, copyright in or to the circuit layout rights, trade secrets, Inventions and the right to have confidential information kept confidential, and any application or right to apply for any of those rights;
    3. Inventionsmeans any invention, discovery, idea, development, process, plan, design, formula, specification, program including computer software and any other matter or work whatsoever including any and all improvements or modifications made to any Work or other matter or work which I may conceive, create or develop (whether alone or not) during an assignment;
    4. Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth) as amended or replaced from time to time; and
    5. Works means any work, manual, process, article, presentations, figures, notes, diagrams and any other materials whatsoever (and in each case whether electronic or in any other material form), which I may conceive, create or develop (whether alone or not) during an assignment.