Terms of service

MPC Partners Pty Ltd Trading as MPC Solutions


1. DEFINITIONS & INTERPRETATION


In these Terms & Conditions, unless the context requires otherwise:

  • Client, Host Employer, You means the entity engaging MPC Solutions.
  • MPC Solutions, We, Us, Our means MPC Partners Pty Ltd (ABN to be inserted) trading as MPC Solutions.
  • Candidate means any person introduced by MPC Solutions for potential engagement.
  • Employee means a person employed by MPC Solutions for labour hire assignments.
  • Services means labour hire and/or permanent recruitment services provided by MPC Solutions.
  • Assignment means the engagement of a labour hire employee with the Client.

These Terms & Conditions apply to all Services provided unless otherwise agreed in writing.


2. SERVICES


2.1 Labour Hire

Labour Hire occurs where MPC Solutions employs an individual and assigns that employee to perform work under the direction and supervision of the Client.

Charges for labour hire include, where applicable:

  • Wages
  • PAYG withholding
  • Superannuation guarantee
  • Payroll tax
  • Workers’ compensation insurance
  • Portable long service leave (where applicable)
  • Other statutory on-costs


2.2 Permanent Placement

Permanent Placement occurs where the Client engages a Candidate introduced by MPC Solutions directly as its employee or contractor.

The Client is solely responsible for the employment relationship once engaged.


3. AGREEMENT & ACCEPTANCE


3.1 These Terms & Conditions form the entire agreement between the parties.
3.2 Acceptance occurs upon:

  • Signing a service agreement; or
  • Requesting Services; or
  • Engaging a Candidate or Employee introduced by MPC Solutions.

3.3 These Terms apply to all current and future introductions unless replaced in writing.


4. AWARDS, LEGISLATION & CLASSIFICATIONS


4.1 The Client must advise MPC Solutions of:

  • Applicable Modern Awards
  • Enterprise or collective agreements
  • Classifications, site allowances or conditions

4.2 MPC Solutions relies on the accuracy of information provided by the Client.

4.3 Any changes to minimum pay rates, awards or legislation will result in automatic adjustment of charges.


5. JOB REQUIREMENTS & SUITABILITY


5.1 The Client must provide accurate role descriptions, duties and site conditions.
5.2 MPC Solutions will undertake reasonable checks but does not guarantee competency solely by documentation.
5.3 The Client must ensure tasks assigned are within the Employee’s skill and licence scope.
5.4 Any role changes must be notified immediately and may result in revised charges.


6. PERMANENT PLACEMENT TERMS


6.1 Fee

A permanent placement fee of 12% (excl. GST) applies, calculated on total annual remuneration including bonuses and allowances.


6.2 Fee Protection

The fee is payable if the Candidate is engaged:

  • Directly or indirectly
  • By the Client or a related entity
  • Within 26 weeks / 988 hours of introduction


6.3 Replacement Guarantee


A replacement will be offered within 13 weeks provided:

  • Full payment has been made
  • Termination is not due to redundancy, restructuring, site closure, misconduct by the Client, or role change

No refund applies.


7. LABOUR HIRE TERMS


7.1 Minimum engagement of 4 hours applies unless agreed otherwise.
7.2 Cancellations must be made before 5:00pm the prior business day.
7.3 Overtime, penalties and allowances apply per award or agreement.
7.4 Unsuitable Employees must be reported within 4 hours of commencement.
7.5 The Client is responsible for day-to-day supervision and direction.


8. WORK HEALTH & SAFETY (WA)


8.1 The Client must comply with the Work Health and Safety Act 2020 (WA).
8.2 The Client must provide:

  • Safe systems of work
  • Inductions and supervision
  • PPE at no cost
    8.3 All incidents must be reported immediately.
    8.4 The Client indemnifies MPC Solutions for WHS breaches occurring at the site.


9. DRUG, ALCOHOL & MEDICAL TESTING


Testing may be required and charged as agreed. Refusal may result in removal from assignment.


10. PAYMENTS & CREDIT


10.1 Invoices must be paid in full without set-off.
10.2 Labour hire invoices: 7 days
10.3 Permanent placement invoices: 14 days
10.4 Interest of 5% per month applies to overdue amounts.
10.5 MPC Solutions may suspend Services for non-payment.


11. LIABILITY & INDEMNITY


11.1 To the maximum extent permitted by law, MPC Solutions excludes liability for indirect or consequential loss.
11.2 The Client indemnifies MPC Solutions against:

  • Loss arising from site conditions
  • Acts or omissions of labour hire employees under the Client’s supervision
  • Breach of WHS obligations

11.3 Liability is limited to the fees paid in the preceding 3 months.


12. CONFIDENTIALITY & NON-SOLICITATION


12.1 All information is confidential.
12.2 The Client must not solicit or employ labour hire employees outside agreed terms for 12 months.


13. TERMINATION


13.1 Either party may terminate with written notice.
13.2 Fees accrued prior to termination remain payable.


14. FORCE MAJEURE


Neither party is liable for events beyond reasonable control.


15. GOVERNING LAW


This agreement is governed by the laws of Western Australia.


16. SEVERABILITY


Invalid clauses do not affect remaining provisions.