Casual Employment Agreement

Payc Staff

Angus

Last Update 5 months ago

IKON Hospitality Pty Ltd

ABN: 98 650 437 933

3-9 Wreckyn Street, North Melbourne, Vic 3051

PO Box 543, North Melbourne, Vic 3051

Ph: (03) 9326 8011

Fax: (03) 9326 8022



CASUAL EMPLOYMENT AGREEMENT


IKON Hospitality PTY LTD (ABN 98 650 437 933) (The Company) is pleased to offer you casual employment in accordance with the terms and conditions outlined in this Agreement.


Your employment will be governed by the National Employment Standards (NES), which is summarised in the Fair Work Information Statement and the relevant industrial instrument, both of which can be found in the PAYC App.


1. Commencement date


Your casual employment begins and ends at the commencement and conclusion of each shift offered to you (which you may choose to accept or decline).

The Company does not guarantee, and you should not expect, any continuing or indefinite period of employment, according to any agreed pattern of work or otherwise.

Your casual employment begins with each shift you accept through the Payc app and concludes at the end of each shift.


2. Position and Duties


2.1 You will be employed on a casual basis. Your position, the Industrial Instrument and classification of your position and instructions of who to report to (Supervisor) will be provided to you in the Payc App.

2.2 The location of your workplace will also be available on the Payc App. However, you may be required to work at other locations from time to time as operations require.

2.3 You agree to use your best endeavours to faithfully and diligently perform the duties and responsibilities as otherwise assigned orally or in writing by the Company or your Supervisor.

2.4 You agree to comply with all lawful and reasonable directions given orally or in writing by the Company or your Supervisor from time to time.

2.5 You agree to conduct your duties and responsibilities honestly, and in a way that does not cause any damage or harm to the reputation of the Company, its clients or its directors, officers or agents.

2.6 You agree not to accept, and must, at all times, ensure that no family member or associate of yours accepts any gift or other benefit whatsoever, whether directly or indirectly, from any client, customer or supplier of the Company, unless provided with prior written consent from the Company.

2.7 The Company may vary your position title, duties and responsibilities, and/or reporting line, and may reasonably change your location of employment from time to time in accordance with business requirements. If such variations are made, all other terms and conditions in this Agreement will continue to apply unchanged unless it is terminated or replaced in writing.


3. Remuneration


3.1 Your wages will be paid, less applicable tax, by electronic funds transfer into your nominated bank account or into your Payc Digital Wallet as nominated by you in the Payc App. It is your responsibility to provide the correct bank details to the Company and to advise the Company of any changes to those details.

IKON Hospitality Pty Ltd (FADMIN:1101 BA/2) Page 1 of 7

3.2 You will be paid for each shift completed at rates determined by the specific assignment, which will be detailed in the Payc app. This includes any applicable casual loadings, penalties, and allowances.

3.3 The Company will make superannuation contributions as required under federal superannuation legislation into a complying superannuation fund nominated by you.


4. Deductions


4.1 To the extent permitted by law, the Company will be entitled to deduct from your Remuneration, either during your employment or upon the termination of your employment, the following:

(a) any overpayment in monies;

(b) any amount that the Company is legally obliged to deduct;

(c) any amount in respect of which you have provided prior written authority; (d) any amount for loss or damage to the Company or its property that you have caused; and

(e) such other amounts as may be owed by you on any account to the Company or a related body corporate.


5. Expenses


The Company will reimburse you for any reasonable work-related expenses that you have properly incurred in the course of your employment, and that have been previously approved by the Company on the provision by you of an original receipt or other supporting documentation.


6. Hours of work


As a casual employee, you will be engaged by the hour.


7. Induction and training


7.1 During the course of your employment with the Company, you agree to attend any internal or external training courses as required by the Company.


8. Policies and procedures


8.1 You are required to read, understand and comply with the Client and Company's policies and procedures, including any Code of Conduct, which may be introduced or amended from time to time in accordance with legislative changes and business requirements, and which operate as lawful and reasonable directions on you (but are not incorporated into this Agreement as contractual terms).

8.2 Serious breaches of the Client or Company's policies and procedures, or any Code of Conduct, may result in termination of your employment.

8.3 The Company's policies and procedures are available on the Payc App.


9. Our property


9.1 You agree to take reasonable care of any Client or Company's property provided to you during the course of your employment at all times and only use it as intended by the Client or Company, in accordance with any relevant policies, procedures and practices.

9.2 If requested by the Client or Company, or upon the termination of your employment, you must immediately return all of its property that is in your possession or under your control.


10. Security


You agree to permit the Client or Company or its representative, upon request, to inspect any bags, containers, vehicles, electronic devices and storage media, or any other personal property which you bring onto the Client or Company's premises.


11. Use of Payc App


You are required to manage all aspects of your employment through the Payc app. This includes accepting shifts, clocking in and out, managing your availability, and viewing your payslips and payment history. The app also offers an optional digital wallet and card for receiving payments.


12. Health and safety


12.1 You must:


(a) take reasonable care for your own health and safety at work and the health and safety of other persons who may be adversely affected by your acts or omissions in the workplace;

(b) comply with any reasonable instruction that is given by the Company in relation to health and safety;

(c) immediately report to the person responsible for health and safety at work any risk or hazard that you observe in the workplace; and

(d) immediately report to the person responsible for health and safety at work any illness or injury which you have sustained in the course of your employment with the Company.


13. Fitness for work and medical examinations


13.1 Your employment is subject to you being fit to perform the inherent requirements of your position.

13.2 You warrant that you are fit for work and do not have an injury or illness which would impede the performance of your duties or pose a risk to the health and safety of yourself, other staff or a member of the public. If any circumstances change regarding your fitness for work, you must advise the Company immediately.

13.3 The Company may direct you to undergo a medical examination or investigation by a qualified medical practitioner or other health care professional appointed by the Company at any time if, in its reasonable opinion, there is a valid reason (for example, to determine whether you are fit for work). You agree to attend and cooperate fully in such medical examination or investigation as required by the Company.

14. Entitlement to work in Australia

Your employment is subject to you being legally entitled to engage in paid work in Australia. If at any time during your employment with the Company you cease to meet this requirement, or any conditions are imposed on your right to work in Australia, you are required to immediately notify the Company, and your employment may be terminated immediately.

15. Criminal offences

15.1 You agree to immediately notify the Company if:

(a) you have a prior conviction (other than a conviction which is spent or lapsed at law) where the offence may be relevant to the work that you will perform during your employment with the Company; or

(b) you are charged with, or convicted of, any summary or indictable offence during your employment with the Company.

IKON Hospitality Pty Ltd Page 3 of 7

15.2 Failure to disclose such charges or convictions may result in disciplinary action being taken against you, including termination of your employment.


16. Confidential information and intellectual property


16.1 For the purposes of this clause 15:


(a) Confidential Information means:

(i) information specifically designated by the Company or any third party as being confidential;

(ii) Intellectual Property of the Company or any third party;

(iii) products and services marketed or used, or to be marketed or used, or rejected, by the Company or any related body corporate and persons or entities dealing

with the Company;

(iv) information relating to the Company's general business operations and any related body corporate, including director and employee information;

(v) client lists, contact details and any personal or business details relating to them, whether past or current;

(vi) supplier lists, contact details and any personal or business details relating to them, whether past or current;

(vii) costing and selling price information, including pricing, credit policies, credit procedures, payment policies, payment procedures and systems;

(viii) business and marketing plans and strategies;

(ix) current activities and future plans relating to all or any matters of development, including methods of manufacture and the timing of all such matters;

(x) trade secrets; and

(xi) any other information that would otherwise at law be considered confidential information of the Company or any third party,

whether in verbal, electronic, hard-copy, visual, machine-readable or other form.

(b) However, Confidential Information does not include information which:

(i) is now or becomes generally available to the public, other than as a result of an unauthorised disclosure by you; or

(ii) is required by law to be disclosed, provided that you have given notice to the Company of this fact prior to making any disclosure and limit any disclosure to the

minimum extent required by law.

(c) Intellectual Property means:

(i) all developments, discoveries, innovations, inventions, novel or technical designs, procedures, and trade secrets;

(ii) the entire copyright in all Works;

(iii) all designs within the meaning of the Designs Act 2003 (Cth);

IKON Hospitality Pty Ltd Page 4 of 7

(iv) all patents and patented applications, processes and products within the meaning of the Patents Act 1990 (Cth); and

(v) any trade name, brand name, common law trademark or trademark within the meaning of the Trademarks Act 1995 (Cth);

(d) Moral Rights has the same meaning as the term has in Part IX of the Copyright Act 1968 (Cth); and

(e) Works includes, but is not limited to, all literary, dramatic, musical and artistic work within the meaning of the Copyright Act 1968 (Cth).


16.2 You agree that:


(a) you will not, except in the proper performance of your duties and responsibilities, as required by law or with the Company's prior written consent, use or disclose any Confidential Information;

(b) you will take all reasonable and necessary precautions to maintain the secrecy, and prevent the unauthorised use or disclosure, of any Confidential Information; and

(c) if requested by the Company, or upon the termination of your employment, you will immediately return any Confidential Information that is in your possession or under your control to the Company or, if the Confidential Information is recorded electronically, the Company may require you to permanently delete or erase such information in a manner so that it cannot be retrieved.


16.3 You acknowledge that the Company own all Intellectual Property that you may develop in the course of, or arising out of, your employment with the Company and, for the avoidance of doubt, you immediately assign any such Intellectual Property to the Company.


16.4 You consent to the Company, its employees, agents, licensees and assigns, doing any acts or making any omissions that constitute an infringement of your Moral Rights in any Works made by you in the course of your employment with the Company including:

(a) not naming you as the author of the Work; and

(b) amending or modifying (whether by changing, adding to or deleting/removing) any part of the Work, but only if you are not named as the author of the amended or modified Work,

whether any such acts or omissions occur before or after the termination of your employment with the Company.


16.5 The obligations contained within this clause 15 continue after the termination of your employment with the Company.


17. Cancellation of shifts


The Company may, at its discretion, cancel all or any part of a shift or shifts. If you are currently working a shift and it is cancelled by the Company, any minimum engagement period will be paid by the Company in accordance with the relevant industrial instrument. You will not be paid for any shift that is cancelled prior to commencement.


18. Termination


As a casual employee, you are not entitled to any period of notice of termination of employment. Your employment begins at the commencement of each shift offered to you (which you may choose to accept or decline) and ends at the conclusion of each shift.


19. Survival of claims on termination


Clause 16 survives the termination of your employment and this Agreement. To avoid doubt, this survival clause allows the Company to enforce the obligations set out in clause 16 notwithstanding any breach resulting in the termination of this Agreement.


20. Accuracy of Information


20.1 You warrant that:

(a) all information supplied to the Company about your employment, including your education, qualifications, work experience and resume, is accurate in all respects and that you have not misled or deceived the Company in any way in relation to the information supplied; and

(b) you have not omitted or failed to disclose any information to the Company which is relevant to your employment under this Agreement.


21. Governing law


This Agreement is governed by the laws of the state in which the employee is employed and the parties submit to the courts of those jurisdictions in relation to disputes concerning this Agreement.


22. Third Party Benefit


You acknowledge and agree that your obligations under this Agreement are given for the benefit of the Company and its related bodies corporate, notwithstanding that such related bodies corporate are not parties to this Agreement.


23. Variations


Except where otherwise stated, this Agreement may only be varied by written agreement between the Company and you.


24. Completeness


This Agreement replaces all previous written or oral agreements and understandings and represents a full record of the agreements entered into by the Company and you.


25. Severability


Any clause of this Agreement which is, or becomes, illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability and will not invalidate the remaining clauses.


26. Acknowledgements


You acknowledge:


(a) the legal significance and effect of executing this Agreement;

(b) that you have not been induced to execute this Agreement by any improper pressure or coercion; and

(c) that you have been provided with a reasonable opportunity to obtain independent advice about this Agreement.


To accept the terms and conditions of this casual employment agreement, please sign and date your acceptance in the space provided below, retain a copy and return the original to me before the Commencement Date. If you do not do so, your acceptance of this offer of employment will be implied by you attending for work on or after that date.


Please contact us if you have any questions.


Yours sincerely


Michael Hoang

General Manager People & Culture

IKON Hospitality Pty Ltd


ACCEPTANCE

I acknowledge that I have read, understood and accepted the terms and conditions of my casual employment as set out in this Agreement.

Was this article helpful?

0 out of 0 liked this article

Still need help? Message Us