or as otherwise agreed between yourself and Solidarity Care.
Your employment in this position will be on a casual basis.
The duties of this position are set out in the position description that has been electronically sent to you.
These duties may vary from time to time.
You will be required to perform these duties, and any other duties that Solidarity Care may reasonably assign to you (which may include duties for the benefit of Solidarity Care and any related body corporate, as defined in the Corporations Act 2001, of Solidarity Care (Group Company or Group Companies) or entities associated with the directors of Solidarity Care.
You may, as reasonably required by Solidarity Care, be redeployed into other positions and/or locations within the organisation, having regard to your performance, skills, training and experience. If your position, duties, title or reporting structure changes during your employment, this Agreement continues to apply unless you and an authorised representative of Solidarity Care enter into a new written employment Agreement or vary this Agreement in writing.
Without in any way limiting Solidarity Care rights under this Agreement, Solidarity Care may, in circumstances of significant or ongoing poor performance and at the sole discretion of Solidarity Care, remove you from your position and assign you to another position within the organisation with regard to your skills, training and experience.
You will report directly to the Western Australia State Manager or any other person nominated by Solidarity Care from time to time. You also report to Solidarity Care Chief Executive Officer and General Manager, who may at any time, direct and require you to comply with their reasonable and lawful instructions.
Probation Period
A probation period will apply for the first six months of your employment. During this time, Solidarity Care will assess your progress and performance in the position.
During the probation period, you or Solidarity Care may end the employment for any reason by providing notice in accordance with the 'Termination of Employment' clause below.
Terms and conditions of employment
In addition to this Agreement, your employment will be governed by the National Employment Standards ( NES) as set out in the Fair Work Act 2009 ( Act), as amended from time to time.
Your position is also covered by the Social, Community, Home Care and Disability Services Industry Award 2010 ( Award), as amended.
A copy of the Award is available for you to review from here
https://awardviewer.fwo.gov.au/award/show/MA000100#P289_23916
The above link is current as at the date of this Agreement.
Ordinary hours of work
You are engaged as a shift worker, working on a 24 hour per day, 7 day week rotating roster. You are not allocated, assigned or guaranteed any specific shifts within the rotating roster. You will be rostered as per service needs.
You agree to work shifts of up to 10 ordinary hours in duration.
You agree to work up to the maximum allowable amount of shifts
You agree that each shift is a separate engagement / period of employment
You may be required to work reasonable additional hours as are necessary to fulfill your duties or as otherwise required by Solidarity Care. You will be paid overtime in accordance with the Award.
Remuneration
Your position will be classified as Level 1 Social and Community Services Employee, (Pay Point 1) in accordance with the Award.
You will be paid at a rate of $32.00 per hour which includes the 25% loading for casual employees. This rate is applicable Monday to Friday for work performed between 6am and 8pm, higher rates are paid outside of these hours and for weekends and public holidays
You are also entitled to shift and other allowances/penalties pursuant to the Award.
Solidarity Care will make the minimum superannuation contribution that it is required to make under the superannuation guarantee legislation (currently 11.00%) on your behalf. Subject to applicable law, Solidarity Care will make superannuation contributions into an eligible fund of your choice. If you do not specify an eligible fund, Solidarity Care will make contributions to its default fund.
Wages will be deposited every two weeks on Thursday into your nominated bank account. Solidarity Care reserves the right to change the day of the week or the frequency with which wage payments are made.
This agreement includes the provision for averaging of work hours over the two weeks period.
You agree that Solidarity Care is entitled to deduct from you:
Any over payment of monies;
Any amount that Solidarity Care is legally obliged to deduct;
Any amount in respect of which you have provided prior written authority; and
Any amount authorized by or under a law of the Commonwealth, a State or a Territory, or an order of a court.
Leave
As a casual employee you are not entitled to paid leave. Please refer to the NES.
Your obligations to Solidarity Care
For the purpose of this clause, Solidarity Care IT Systems includes all electronic data, hardware, software, networks and other systems owned, controlled or licensed by Solidarity Care.
Without limiting your duties at law or in equity, during your employment you must:
Perform all duties to the best of your ability at all times;
Devote your whole time and attention to the duties assigned to you during your ordinary hours of work and any additional hours necessary for the performance of those duties;
Use your best endeavors to promote and protect the interests of Solidarity Care and the Group Companies;
Hold, maintain, update and ensure the currency of your licenses (such as a driver's license), certifications and qualifications required or necessary to lawfully perform your role;
Notify Solidarity Care promptly of any accident, illness or injury (and anticipated recovery period) or any other matter preventing you, temporarily or permanently, from performing your duties and responsibilities under this Agreement;
Notify Solidarity Care promptly of any accident, illness or injury, or any other occupational health or safety hazard in accordance;
Comply with all relevant occupational health and safety legislation;
Follow all reasonable and lawful directions given to you by Solidarity Care, including complying in all respects with Solidarity Care Code of Conduct, policies, procedures and rules as amended from time to time and meet all training and professional development requirements. These policies, procedures and rules are not contained in this Agreement. Copies of all current codes, policies, procedures and rules will be provided to you during any induction or alternatively, are available upon request to your supervisor;
Seek and obtain approval from Solidarity Care to engage in secondary employment (including self- employment) and notify Solidarity Care of any actual, potential or perceived conflict of interest between your employment with Solidarity Care and any other employer; and
Disclose to Solidarity Care any facts, information or circumstances (including suspicions, concepts or ideas) which may give rise to a conflict between your interests and the interests of a Group Company.
Without limiting your duties, during your employment you must not:
act in conflict with the best interests of, or compete with, a Group Company;
prepare to be engaged or engage in any business or employment other than for a Group Company except with the prior written consent of Solidarity Care;
in performing your duties, accept any financial or other benefit except from Solidarity Care;
do anything which does or may, in Solidarity Care opinion, damage the reputation of a Group Company;
do anything which infringes Solidarity Care’s IP as defined below;
do anything which infringes any applicable occupational health and safety legislation;
use Solidarity Care IT Systems for excessive or unreasonable personal use; to view or distribute unlawful material, or material which may be regarded as offensive or inappropriate; or to copy, disclose or use material in breach of this Agreement; or
unlawfully discriminate against, bully or sexually harass another person or otherwise fail to comply with any laws applying to your employment.
An employee engaging in any one or more of the above mentioned behaviors will be deemed to have engaged in serious and wilful misconduct and may be temporarily suspended from all duties and that suspension may be without pay and/or you may be dismissed without notice
NDIS Code of Conduct (Workers)
You are required to comply with the NDIS Code of Conduct.
NDIS Code of Conduct promotes safe and ethical service delivery, by setting out expectations for safe and ethical services and supports for both NDIS providers and workers.
It requires workers and providers delivering NDIS supports to:
act with respect for individual rights to freedom of expression, self-determination, and decision-making in accordance with relevant laws and conventions
respect the privacy of people with disability
provide supports and services in a safe and competent manner with care and skill
act with integrity, honesty, and transparency
promptly take steps to raise and act on concerns about matters that might have an impact on the quality and safety of supports provided to people with disability
take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect, and abuse
take all reasonable steps to prevent sexual misconduct
Should Solidarity Care Pty Ltd or any employee be found to breach the NDIS Code of Conduct, then Solidarity Care Pty Ltd is committed to complying with any education, compliance or enforcement action stipulated by the NDIS Commissioner
Termination of employment
Probationary Period
Solidarity Care may terminate your employment at any time, for any reason and without notice prior to the completion of the Probationary Period.
Dismissal without notice shall also apply in the case of serious and wilful misconduct.
If you terminate this Agreement
You are required to provide the relevant period of notice, pursuant to the NES unless as otherwise agreed between you and Solidarity Care.
Where you elect to terminate this Agreement and you do not give the required notice pursuant to the NES, the unworked period of notice will be deducted from your final pay. Unless as otherwise agreed between you and Solidarity Care, the notice period may not be reduced by offsetting accrued annual leave entitlements.
On receiving notice Solidarity Care may elect to pay you in lieu of notice and require that you take leave immediately and that you do not work out the balance of any applicable notice period.
If Solidarity Care terminates this Agreement
Subject to any applicable legislation, your employment may be terminated if:
you are declared medically unfit to perform your duties;
You engage in serious and wilful misconduct, in which case termination may be immediate and without notice; or
You are made redundant.
Applicable periods in respect of notice of termination are referred to in the Award and the NES.
Any misrepresentation of information provided to Solidarity Care during your recruitment in regard to your qualifications and experience, health or any other matter which is relevant to your fitness to perform the duties of this role, may be considered serious and wilful misconduct and may result in the termination of your employment.
If notice is given to you by Solidarity Care to terminate your employment, then Solidarity Care may:
direct you not to perform any duties, or to perform specified duties;
direct you to remain away from Solidarity Care premises;
direct you to have no contact with any employee, director, client, patient, customer or supplier of Solidarity Care, including via social networking websites;
appoint another person to perform some or all of your duties; and
change your title.
If you are directed not to perform duties in accordance with this clause, you remain bound by all terms of this Agreement.
Your ongoing appointment is subject to satisfactory criminal record and prohibited employment checks (such as a Working with Children Check). It is a condition of your ongoing employment that you must maintain open disclosure of any officially (by Police, Courts, Government or other regulatory authorities) laid allegations, charges and/or convictions made against you by advising the Solidarity Care General Manager immediately upon notice of those charges and/or convictions to you.
Solidarity Care reserves the right to investigate all new charges and convictions against you to determine your continued suitability for employment with Solidarity Care or a Group Company. You must reasonably cooperate with such investigations. Solidarity Care may elect to rescind this offer or terminate your employment should these checks or disclosures be deemed unsatisfactory.
Your appointment is subject to your visa status and your right to work in Australia. It is a condition of your ongoing employment that if you are a visa holder, you abide by your visa conditions and work limitations and further, advise Solidarity Care in writing immediately of any change to your visa or working rights status. Solidarity Care may elect to rescind this offer with no notice to or compensation for you or, if you have already commenced employment terminate your employment should your visa status deem you ineligible to work in Australia.
If your employment is terminated for any reason, you must return all Solidarity Care property including physical items (including but not limited to staff ID cards, building access cards, IT equipment, staff uniforms, credit cards etc), Confidential Information (as defined in the Confidentially clause of this Agreement) and documents. You must also ensure that all work-related materials belonging to Solidarity Care (including but not limited to emails, documents, reports, client related information) are saved to Solidarity Care systems and are readily accessible by appropriate employees in accordance with accepted practices and procedures.
Confidentiality
For the purposes of this Agreement, Confidential Information means any confidential information relating to the past, present or future business of Solidarity Care or a Group Company that comes to your knowledge and includes information about clients, patients or other employees; financial, budgetary, marketing, research and business plan information; the terms of this Agreement; the terms of any contract, Agreement or business arrangement with third parties; trade secrets; pricing structures; and any third party information disclosed in confidence.
By accepting this offer of employment, you acknowledge and agree that you will not, during the course of your employment or thereafter, except with the consent of Solidarity Care, as required by law or in the proper performance of your duties, use or disclose Confidential Information which would result in gaining a benefit, including a financial benefit, to you or others. This includes contacting any and all current and former clients and patients of Solidarity Care and any and all current or former employees or contractors of Solidarity Care with a view to another contractual or financial arrangement outside the business of Solidarity Care.
If your former clients or clients of former employers express a desire to be clients of Solidarity Care Pty Ltd, then all referrals from you will be directed to Solidarity Care Pty Ltd via their website, email or telephone contact such that your personal emails, phone contacts will not be used at all in the process.
You must also take whatever measures are reasonably necessary to prevent the disclosure or misuse of Confidential Information which would cause harm or loss to Solidarity Care at any time in the future, for example making public comments on social media (Facebook, Instagram etc).
Upon the termination of your employment and at any time requested by Solidarity Care Pty Ltd you are required to cease using all confidential information of Solidarity Care Pty Ltd including participant information such as name, address, NDIA number, contact information and disability type or any other information relevant to that client(s).
On receiving a notice pursuant to this clause, or upon cessation of your employment, your right to possess or use confidential information ceases and you must immediately:
return all confidential information in your possession or control to Solidarity Care Pty Ltd including notes, case summaries or any client information; and
destroy and certify in writing to Solidarity Care Pty Ltd the destruction of all confidential information in your possession or control.
You must not under any circumstances contact by email, phone, sms, social media or any other means, Solidarity Care Pty Ltd clients (participants) regarding your cessation of employment.
Your obligations under this clause survive the termination of your employment and this Agreement.
Intellectual Property and Moral Rights
For the purposes of this clause, Intellectual Property Rights means all intellectual property rights (whether or not registered including all applications and the right to apply for registration) including:
rights in relation to any patents, copyright, trademarks, service marks, design rights, and all other rights arising from intellectual activity;
all rights of a similar nature to any of the rights referred to above which may subsist in Australia or elsewhere;
all Confidential Information as defined above,
any such rights in any processes, technology, systems, reports, specifications, blue-prints, trade names, domain names, designs, brands and company names, trade secrets, copyright works, URLs, drawings, discoveries, inventions, improvements, technical data, research data, formulae, computer programs, software, circuit layouts, knowhow, logos, symbols.
Pursuant to this Agreement and as a term of your ongoing employment, you:
assign to Solidarity Care all existing and future Intellectual Property Rights created or generated by you (whether along or with Solidarity Care, its other employees, agents or contractors) for use by Solidarity Care (or a Group Company); and
agree that because of the above clause, all existing Intellectual Property Rights are vested in Solidarity Care and, when created, all future Intellectual Property Rights vest in Solidarity Care;
must do all things reasonably requested by Solidarity Care in respect of the assignment of the Intellectual Property Rights
must disclose the subject matter of all Intellectual Property Rights to Solidarity Care, immediately when Intellectual Property Rights have been created.
consent to Solidarity Care, a Group Company or their suppliers, clients or customers using or adapting Works to which you have contributed or which you have created in connection with your employment, in any manner, and without expressly acknowledging your contribution or creation in a way which may otherwise infringe a Moral Right of yours. This consent is given in relation to all Works made or to be made by you in the course of your employment.
acknowledge that the consent given in the subclause above has been given freely and genuinely, and without you being subjected to any duress by Solidarity Care, a Group Company or a third party.
Your obligation sunder this clause survive the termination of your employment and this Agreement.
Restraint of Trade
You acknowledge that as a result of your employment with Solidarity Care, you will gain access to confidential knowledge, information and data as well as other connections and contacts.
That confidential information, data, knowledge and connections is information which may be used by a former employee in your position to set up a competing business and to solicit current clients of Solidarity Care.
To reasonably protect the goodwill and the legitimate business interests of Solidarity Care or its related entities, during the Restraint Period and within the Restraint Period (referred to below), you will not, without prior written consent of Solidarity Care or its related entities, directly or indirectly:
-
Entice or solicit, or assist another person to entice or solicit, an employee, contractor, officer, agent or supplier of Solidarity Care or its related entities with whom he has had dealings prior to his employment ending, to cease to provide services to Solidarity Care or its related entities;
-
Canvass, solicit or deal with, counsel, procure or assist another person to canvass, solicit or deal with any client of Solidarity Care or its related entities with whom he has had dealings with during the 18 months period prior to his employment ending.
Restraint Period means 18 months, from the date of termination of your employment.
It is agreed that restraint will exist even if your employment is terminated during the Probation Period and that the Restraint Period will be as set out below, after the completion of the Probation:
-
18 months;
-
15 months;
-
12 months:
Restraint Area Means:
The metropolitan area of the capital city in which you are employed at the date of termination of your employment.
Prior written consent includes a documented list of Clients agreed and authorised in writing by Solidarity Care or its related entities.
The covenants given by you in this clause will apply, and may be enforced against you, regardless of the reason(s) for the termination of his employment.
Each restraint contained in this Agreement (resulting from any combination of the wording) constitutes a separate and independent provision, severable from the other restraints. If a court of competent jurisdiction finally decides any such restraint to be unenforceable or whole or in part, the enforceability of the remainder of that restraint and any other restraint will not be affected.
Surveillance
You agree that Solidarity Care may, to the extent permitted by law, conduct computer, camera and tracking surveillance of you during your employment.
You consent to Solidarity Care, from the commencement of your employment and on a continuous, ongoing basis:
accessing, monitoring, logging and recording any communication or information developed, used, received, stored or transmitted by you using Solidarity Care IT systems, either at Solidarity Care premises or at any other place. This includes your use of Solidarity Care IT systems outside of or external to Solidarity Care or client premises;
installing filtering systems in Solidarity Care IT systems which restrict the inward and outward flow of certain types of material, including emails and viruses, with the result that some email traffic may be blocked;
conducting camera (video) surveillance of you in any of Solidarity Care premises, including community locations; and
conducting tracking surveillance of the Employee while in a vehicle belonging to the Employer.
Privacy
For the purposes of this clause, Personal Information has the meaning in the Privacy Act 1988 (Cth).
In the course of your employment, you must not:
collect Personal Information of other people; or
use or disclose Personal Information of other people, except if necessary to perform your duties; or authorised by Solidarity Care; and in accordance with applicable privacy laws and Solidarity Care policies,
Without limiting Solidarity Care rights under applicable laws, you agree that Solidarity Care or a Group Company may:
use and disclose Personal Information that Solidarity Care has collected about you during your employment, or in anticipation of that employment, for any purpose connected with your employment and the operation of Solidarity Care business; and
transfer Personal Information from Solidarity Care to a Group Company in Australia or in other countries, Solidarity Care insurers and superannuation administrators, or contractors or other service providers who perform services for or on behalf of Solidarity Care as part of Solidarity Care usual business operations.
By agreeing to the terms of employment, and without limiting Solidarity Care rights under applicable laws, you consent to Solidarity Care collecting, using and disclosing Personal Information about you and transferring that Personal Information externally (including internationally) when necessary.
Variations must be in writing
The terms and conditions referred to in this letter may only be varied by a written Agreement signed by both you and an authorised representative of Solidarity Care. Authorised representatives include and are limited to Solidarity Care Chief Executive Officer and Solidarity Care General Manager
If you have any questions relating to the terms and conditions of employment, please don't hesitate to contact Solidarity Care at 0470360223 or by email to the relevant email info@solidaritycare.com.au
Congratulations on your appointment and I trust that you find your employment both satisfying and rewarding.
Yours sincerely,
Solidarity Care
