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Employment Agency Contract With Client

Employment Agency Contract With Client Generator for Australia

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Key Requirements PROMPT example:

Employment Agency Contract With Client

"I need an Employment Agency Contract With Client for an exclusive arrangement with a technology company in Sydney, focusing on senior IT roles with placement guarantees and including specific KPIs for time-to-fill metrics, starting March 2025."

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Document background
The Employment Agency Contract With Client is a crucial business agreement used in the Australian market when a recruitment agency provides talent acquisition services to client organizations. This document is essential for establishing clear commercial terms, service expectations, and legal protections for both parties. It encompasses key aspects such as placement fees, candidate guarantees, service scope, and compliance with Australian employment laws including the Fair Work Act 2009, Privacy Act 1988, and relevant state-specific legislation. The agreement is particularly important in today's competitive recruitment landscape where clear terms of engagement, risk allocation, and service standards need to be explicitly defined. It provides the necessary framework for managing the ongoing relationship between the agency and client, including handling confidential information, managing candidate introductions, and establishing payment terms.
Suggested Sections

1. Parties: Identifies the employment agency and the client company, including their legal entities and ABNs

2. Background: Sets out the context of the agreement, including the agency's business and the client's requirements for recruitment services

3. Definitions: Defines key terms used throughout the agreement including 'Candidate', 'Placement', 'Fees', and 'Services'

4. Services: Details the recruitment and placement services to be provided by the agency

5. Agency Obligations: Outlines the agency's responsibilities including candidate screening, compliance checks, and service standards

6. Client Obligations: Specifies the client's responsibilities including information provision, workplace safety, and cooperation

7. Fees and Payment Terms: Details the fee structure, payment terms, and any additional charges

8. Confidentiality: Addresses the protection of confidential information shared between parties

9. Privacy and Data Protection: Covers handling of personal information in compliance with Privacy Act requirements

10. Warranties and Representations: States the promises and guarantees made by both parties

11. Liability and Indemnities: Sets out liability limitations and indemnification obligations

12. Term and Termination: Specifies contract duration and circumstances for termination

13. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment

Optional Sections

1. Placement Guarantee: Include when offering replacement guarantees for candidates who leave within a specified period

2. Volume Discounts: Include when offering fee reductions based on placement volumes

3. International Recruitment: Include when services involve recruiting from overseas markets

4. Restraint of Trade: Include when restricting client from directly hiring agency staff or using competing agencies

5. Preferred Supplier Status: Include when the agency is being appointed as a preferred or exclusive supplier

6. KPIs and Service Levels: Include when specific performance metrics are being agreed upon

7. Dispute Resolution: Include when specific dispute resolution procedures are required beyond standard legal processes

Suggested Schedules

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

2. Schedule 2 - Services Description: Comprehensive description of all services offered and their specific inclusions/exclusions

3. Schedule 3 - Required Candidate Checks: List of mandatory background checks, qualifications, and compliance requirements

4. Schedule 4 - Service Level Agreement: Detailed KPIs, response times, and service quality metrics if applicable

5. Schedule 5 - Privacy and Data Management Protocol: Specific procedures for handling candidate and client data

6. Appendix A - Standard Terms and Conditions: General terms and conditions that apply to all services

7. Appendix B - Client Policies: Client-specific policies that the agency must comply with

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Agency Services
Service Scope
Fees and Charges
Payment Terms
Client Obligations
Agency Obligations
Candidate Introduction
Placement Process
Confidentiality
Privacy and Data Protection
Intellectual Property
Warranties
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Dispute Resolution
Non-Solicitation
Exclusivity
Performance Standards
Compliance with Laws
Replacement Guarantee
Notice Requirements
Assignment and Subcontracting
Variation
Entire Agreement
Severability
Governing Law
GST and Taxation
Record Keeping
Reporting Requirements
Background Checks
Work Health and Safety
Anti-Discrimination
Conflict of Interest
Relevant Industries

Professional Services

Technology

Healthcare

Manufacturing

Financial Services

Mining and Resources

Retail

Construction

Education

Government

Telecommunications

Transport and Logistics

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Finance

Executive Leadership

Talent Acquisition

Administrative Support

Risk Management

Relevant Roles

Human Resources Director

Recruitment Manager

Talent Acquisition Manager

Legal Counsel

HR Business Partner

Procurement Manager

Operations Director

General Manager

Chief Human Resources Officer

Contracts Manager

Account Manager

Business Development Manager

Compliance Officer

Industries
Fair Work Act 2009 (Cth): Primary federal legislation governing employment relationships in Australia, including workplace rights, obligations, and minimum employment standards.
Privacy Act 1988 (Cth): Regulates the handling of personal information, crucial for managing candidate and client data in recruitment processes.
Competition and Consumer Act 2010 (Cth): Includes Australian Consumer Law provisions relevant to service agreements and business-to-business contracts.
Work Health and Safety Act 2011 (Cth): Sets out workplace health and safety obligations that may extend to labour hire and recruitment arrangements.
Anti-Discrimination Acts (Various States): State-specific legislation preventing discrimination in employment and recruitment processes.
Labour Hire Licensing Acts (Various States): State-specific legislation requiring licensing of labour hire providers in states like Queensland, Victoria, and South Australia.
Independent Contractors Act 2006 (Cth): Relevant when dealing with independent contractors through the agency and distinguishing them from employees.
Workplace Gender Equality Act 2012 (Cth): Promotes equality for men and women in the workplace, affecting recruitment practices and reporting obligations.
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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