Introduction to Template Client Service Agreement ... - RCSA

Introduction to TemplateClient Service AgreementPlacement Services AustraliaAndrew C WoodHon MRCSA (Life)Barrister-at-Law

WebinR Procedure• This WebinR is pre-recorded• Please use your headset or speakers foraudio.• It may help you if you have your copy of thetemplate we are discussing with you• Please ask questions through RCSA’sBusiness Solutions Contact

Presenter• Presenter is Andrew C Wood Hon MRCSA(Life)• Barrister-at-Law; Hobart, Tasmania• http://www.tasmanianbar.com.au/barristers/andrewwood.html

Learning Outcomes• Understand the nature of the template andwhy you will usually have to makeadjustments to fit it to your purpose• Understand the structure and uses of thetemplate• Understand some of the key provisions.

A Template is NOT a Contract• A contract is an agreement betweenpersons.• A template is only a guide to some ofthe things you might find in such acontract.• There will be some things you willwant to add or take out or change.

A Template is NOT a Standard• You do not have to use the template.• There is no agreement that everyone (oranyone) in the Employment Services Industrywill use it.• You should NOT attach the RCSA logo to yourcontracts.• It simply suggests some possible solutions tosome common problems.

Danger! Beware!!• You do need to know what you’re doing if youare using a template.• If you use something make sure you knowwhat it does.• If you take something out or change it makesure you know how it will affect the rest of thedocument and the parties’ relationship.• Seek help if in doubt.

Title…• What can we learn from the title?– Client Service Agreement – PlacementServices Australia• Common problems– Uncertainty of contingent engagement– Fee disputes & introductions– Candidate ownership– Ethical “Compromise”– Confidentiality– Background checking responsibilities

General Structure• General conditions applying to all recruitmentexercises during the term of the agreement.• Operates on contingent or retained basis• Operates to create a contractual obligationregardless of whether other recruitmentagencies might also be involved

Application1.2 Acceptance may be express, implied or byconduct and, without limiting the variety ofcircumstances that might constitute acceptance,occurs if you:• tell us you have accepted them; or• ask us for help to fill a position after youhave received a copy of them; or• use or disclose, without our consent,personal information about our candidatethat you have obtained from us (includingthe name or contact details of ourcandidate).

Definitions• Annualised Gross Remuneration• Our Candidate

Contingent and Retained Basis• Note the difference in the scope ofRecruitment Agent responsibilities regardingreference and background checking.• Note additional obligations re providing jobspec if engaged on retained basis• Note requirements if asked to prepareindividual employment agreement.

Some not-so-unusual features7 Replacement provisions8 Note liability exclusion provisions.10.2 Fee Disputes [optional]If you are met with claims for a placement fee from more than oneplacement services supplier in respect of the same candidate and thesame placement, we agree to participate in having the claimsresolved in accordance with the processes set out in RCSA’s feedispute resolution model attached and marked “A”.11 Privacy & Confidentiality

Key Messages Summary• Take the time to get to know your documents• Make sure you are certain of what they mean• Adjust the document to suit YOUR circumstances– No one knows them as well as you do!• If in doubt – ask for help

More Information• If Members require further information theymay email bsc@rcsa.com.au

Related WebinRs• Agreement Template Series– Client Service Agreement – On-Hire Services– Client Service Agreement – Placement Services– Employment Contract – (casual on-hire)– Employment Contract - Generic in-house/recruitment• Policy & Procedure Series– Occupational Health & Safety– Privacy– EEO– Workforce & Candidate Management Checklist– Termination of assignments and Employment On-Hire