TERMS & CONDITIONS
General: These conditions apply to the hire of supplementary labour by Traffic NSW. Reference to Traffic NSW employees in these conditions includes all personnel provided by Traffic NSW including any Traffic NSW subcontractors. Traffic NSW will not be bound by any additional or conflicting conditions unless they are accepted in writing by a senior Traffic NSW Manager. Traffic NSW may change these conditions at any time by giving the client new conditions of hire.
All-inclusive Rates: Traffic NSW rates are based on the relevant award and/or industrial agreement applicable to Traffic NSW employees and include Workers Compensation Insurance, Public Liability Insurance, superannuation, Payroll Tax, Industry based Long Service Leave and Redundancy Funds (where applicable). Employee leave entitlements (sick, annual, long service and public holidays) and/or casual loading as applicable.
Terms for Above Award Payments, Site Agreements and Special Allowances: Where the client's rates of pay exceed those of Traffic NSW or where any entitlements such as site allowances, dirt money, height money, meal allowance, redundancy, or other allowances are payable, the client will so inform Traffic NSW. In these circumstances, Traffic NSW will pay its employees in accordance with the client's higher rates of pay and Traffic NSW charge rates to the client will be adjusted proportionally. If the client fails to disclose to Traffic NSW any industrial agreements or entitlements applicable to the site then Traffic NSW will be entitled to recover the amount payable in accordance with the procedure above.
Travelling Time: Where applicable a travel charge may be payable in additional to the hourly charge rate, depending upon any applicable award or industrial agreement and/or the location of the client's site.
Public Holidays: Special rates apply for gazetted and public holidays which are available on request.
Overtime: Overtime is worked as required by the client and charged accordingly.
Minimum Period of Hire: Unless otherwise agreed, the minimum period of hire is 4 hours excluding travel (for the hours applicable to the site excepting overtime) unless a greater period is required under any applicable award or industrial agreement.
Supply of Staff: Traffic NSW is not liable for any loss or damage (including without limitation consequential loss or damage) if for any reason Traffic NSW is unable to supply the personnel required by the client at any time.
Notice of Termination of Hire: The client agrees to give Traffic NSW at least one complete day's notice of the termination of hire. If this notice is not given then Traffic NSW will charge one additional day's hire.
Permanent Engagement of Traffic NSW Employee by Client: The client agrees that it will not offer to engage directly any Traffic NSW employee whilst on hire to the client without prior notification to Traffic NSW. If within three months of the expiration of any hire a current or former Traffic NSW employee is engaged by the client to perform similar duties to those provided during the hire period, then a placement fee equivalent to two week's hire will be payable to the client.
Occupational Health & Safety: The client accepts that it is responsible for providing a safe and healthy workplace and safe systems of work for all Traffic NSW employees and agrees to allow Traffic NSW access to the client's site to carry out workplace inspections, monitor the health and safety of Traffic NSW employees on site and to investigate any incidents and injuries.
The client further agrees to:
• Meet its obligations under all applicable legislation, regulations and approved Codes of Practice;
• Do all things reasonable and practical to eliminate hazards and control risks to health and safety;
• Co-ordinate with Traffic NSW to provide site and job safely induction for all Traffic NSW employees;
• Provide Traffic NSW employees with appropriate information, instruction and training to enable them to safely carry out their job;
• Advise Traffic NSW prior to any fundamental changes to the workplace, work practices or procedures, plant, equipment, materials or substances which affect the duties of Traffic NSW staff in order for them to receive any additional training which may be required.
• Adequately supervise Traffic NSW employees at all times
• Immediately notify Traffic NSW of any incident or injury involving a Traffic NSW employee;
• Assist in the rehabilitation of Traffic NSW employees injured at its site whenever possible by the provide suitable alternative duties.
Inspections Permits and Approvals: The client is responsible to obtain and maintain current all necessary permits, approvals and inspections required by law.
Plant and Equipment: The client must maintain insurance cover in sufficient amount to cover all reasonable foreseeable risks of loss or damage to property, whether to the client's property or the property of another and including without limitation all machinery, motor vehicles and other plant and equipment which Traffic NSW employees may operate or handle during the period of use, or risk of death or personal injury whether sustained by the client's personnel or a member of the public caused or contributed to by any act or omission of a Traffic NSW employee whilst on hire to the client whether or not other risks are also thereby covered. Such policy or policies of insurance must insure Traffic NSW and its employees for their own interest against all such risks.
Payment Terms: Invoices are rendered weekly with accompanying timesheets signed by an authorised client representative. Since all majority of each invoice represents wages which are paid each week to its employees by Traffic NSW, unless otherwise agreed in writing all invoices are payable within SEVEN days from the date of invoice. Failure to pay the invoice in full when due will incur a late payment fee of 1% of the amount outstanding for each month or part thereof during which it is overdue until payment has been made in full.
GST: Unless otherwise stated in writing, all rates quoted exclude goods and services tax. The client will pay the GST amount to Traffic NSW in addition to and at the same time as the rates.
Changes to Rates: Traffic NSW may vary its rates at any time or if there is any change to any statutory on-costs, national wage case or award variation which affects the cost of providing Traffic NSW employees. Traffic NSW will give the client at least one week's notice of any change to its rates.
Limitation of Liability: Save as follows, Traffic NSW is not liable for any loss or damage (whether to property belonging to the client or to another) or for death or personal injury (whether sustained by personnel of the client or a member of the public or another) caused by or contributed to by any act or omission (negligent or otherwise) of a Traffic NSW employee whilst on hire to the client.
To the extent that any such liability cannot lawfully be wholly excluded, the liability of Traffic NSW is limited to supplying the relevant goods or services again or (at Traffic NSW option) paying the cost of replacing the relevant goods or supplying the relevant services again. The client will indemnify Traffic NSW and saveTraffic NSW harmless in respect of all claims of liability of the kinds mentioned above brought against Traffic NSW or a Traffic NSW employee.