1. NATURE OF THE AGREEMENT
The parties agree that:
The casual employment is on an "as and when" required basis at all times. NZ Labour Hire is entitled to offer you casual employment at any time to meet its operational requirements. NZ Labour Hire is not obliged to offer you work at any time. Similarly, you are entitled to accept or reject any offer of work at any time.
Each period of casual employment is a separate engagement. Where more than one period of casual employment is undertaken, the employment ceases at the end of each period. The service is not continuous. Nothing in this agreement provides any entitlement to further employment beyond each period of casual employment. You should not have any expectation of further offers of casual employment. This agreement and its terms and conditions of employment replace all prior agreements and terms and conditions that applied prior to its commencement.
2. PLACE OF WORK
Your place will be at the HOST employers place of work, and will therefore vary depending on assignment, however NZ Labour Hire will retain details of the address of each assignment on its internal recruitment software where these details will be made available to you on request.
3. DUTIES
Your general responsibilities are general construction labouring which include: lifting and moving construction materials, digging, site cleans, cutting materials, and helping with construction of commercial and residential builds. You will be informed of any other specific duties when each offer of casual employment is made.
4. HOURS OF WORK
Due to the casual nature of your employment, it is not possible in this agreement to be specific as to your hours of work and any meal and refreshment break periods that will apply during the hours that you work. You will be informed of the days and hours that you will be asked to work and of any applicable breaks for meals and refreshments when each offer of casual employment is made, however NZ Labour Hire will retain details of the hours of each assignment accepted on its internal recruitment software where these details will be made available to you on request.
If you are unable to attend work for any reason you must advise your manager before 6.00am the day you are due to work. Failure to do this may result in the termination of this contract
5. WAGES
Rates quoted and agreed shall be paid for at a flat hourly rate, and this rate may vary from assignment to assignment. Any rate quoted is exclusive of Holiday Pay (8% of Gross Pay)
The hourly rate of pay will NOT be less than Minimum Wage.
Wage payments will be made by direct credit to a bank account in your name Thursday night. NZ Labour Hire may make a rateable deduction from your wages for any time not worked through your default or absence. Where any wage payment results in an overpayment, NZ Labour Hire shall be entitled to make a deduction from the next wage payment or from monies owing at the date of termination of your employment.
6. KIWISAVER
If the employee makes contributions to KiwiSaver, the employee agrees that all total gross wages and salary payments payable to them by the employer will be inclusive of employer contributions (including ESCT) and the amount of the employer contributions will be diverted from the employee’s wages and salary into their KiwiSaver fund less ESCT, however no such deduction will result in your hourly wage being less than minimum wage.
7. LEAVE
Leave entitlements and the rules surrounding them are provided for in the Holidays Act 2003 which provides for minimum entitlements in respect of annual holidays, public holidays, sick leave and bereavement leave. These can be summarised as:
Annual leave
4 weeks paid annual leave shall be allowed in accordance with the Holidays Act 2003.
Public Holidays
If you are required to work on a public holiday you shall be paid for the time actually worked in accordance with section 50 of the Holidays Act 2003.
[Note: Section 50 states that an employer must pay the employee who works on any part of a public holiday the greater of the portion of the employee’s relevant daily pay (less any penal rates) that relates to the time actually worked on the day plus half that amount again or the portion of the employee’s relevant daily pay that relates to the time actually worked on the day.]
Sick leave
You will usually not be entitled to sick leave, but it is possible you may qualify under the Holidays Act 2003. The Holidays Act 2003 provides sick leave if over a period of 6 months you worked for at least an average of 10 hours a week and no less than 1 hour in every week during that 6 month period or no less than 40 hours in every month during that 6 month period. Any entitlement applies for the 12 month period of employment following your 6 month qualifying period and in each subsequent 12 month period of employment, as long as your pattern of work hours (as described above) continues to apply. If you qualify you are entitled to 5 days sick leave for each 12 month period, and you may carry over unused sick leave up to 15 days to a maximum of 20 days current entitlement in any year. Sick leave can be used if you are sick or injured, your spouse is sick or injured or a person who depends on you for care is sick or injured.
Bereavement leave
You will usually not be entitled to paid bereavement leave, but it is possible you may qualify under the Holidays Act 2003. The qualifying entitlement basis for paid bereavement leave is the same as for sick leave set out above. If you qualify the Holidays Act 2003 provides:
(a) 3 day’s bereavement leave on the death of your spouse, parent, child, brother or sister, grandparent, grandchild, or spouse’s parent.
(b) 1 day’s bereavement leave on the death of someone other than those listed above if NZ Labour Hire accepts that you have suffered a bereavement as a result of the death after considering such things as your closeness of association with the deceased, your responsibilities for funeral arrangements, and any cultural responsibilities you may have.
8. CONFIDENTIALITY
Except in the proper performance of your duties, or as authorised by your manager, you shall not utilise, or divulge to anyone, or use to the detriment of NZ Labour Hire, any information which may come to your knowledge during the course of your employment. This restriction shall continue to apply after termination of your employment until such time as the information may become public knowledge without breach by yourself of this restriction.
9. HEALTH AND SAFETY
You must comply with all occupational safety and health statutory obligations (and any other relevant legislation that may apply from time to time), employer AND principal/ client policies, procedures, rules and any special work requirements while carrying out work for NZ Labour Hire. You must also comply with any safety and health requirements of any principal to which NZ Labour Hire is contracted to carry out work for.You must wear the personal protective clothing clothing for which you have been issued at all appropriate times.
Should you believe that:
a) The safety of You or Others is being compromised
b) Your work type changes
c) There is inadequate supervision
d) your place of work changes
e) You have not sighted and received the Client’s hazard identification and health & safety induction before work commences
f) You have been involved in an Accident
g) You have identified a Hazard that could cause injury
Please notify both the Client and NZ Labour Hire IMMEDIATELY. The safety of all involved including public, staff, or fellow workers is a paramount consideration. You must warrant that all work is carried out in a safe and responsible manner and that all lawful requirements are complied with, including those outlined in NZ Labour Hire’s Health & Safety Induction and those of the Client’s own Health & Safety Induction.
10. TERMINATION
Due to the casual nature of your employment formal notice of termination of employment is not required. Nothing in this agreement shall prevent you from being summarily dismissed for serious misconduct. You shall not be entitled to any compensation, benefits or redundancy compensation except as expressly provided for in this agreement.
11. ABANDONMENT OF EMPLOYMENT
Should you abandon your employment for more than three working days without notifying NZ Labour Hire you shall forfeit the last full weeks wages owing to you, or if a full week is not owed to you then any remaining monies NZ Labour Hire may owe you.
12.EMPLOYEE PROTECTION PROVISION
In the event of a restructure, as defined in the Employment Relations Amendment Act (No 2) 2004 (being the sale, transfer, or contracting out of all or part of our business) that may affect your employment, NZ Labour Hire will:
(a) As soon as is reasonably practicable, taking into account the commercial requirements of the business, commence discussions with the potential new employer concerning the impact of the restructuring on your position.
(b) Discuss with the potential new employer regarding whether or not it proposes to offer employment to you, and if so the terms and conditions it proposes to offer employment to you, and the proposed date for commencement of employment with the potential new employer. In the event you are not employed by the potential new employer, for whatever reason, you will not have any contractual entitlement to redundancy compensation.
13. DEDUCTIONS FROM PAY
You agree, in the event of the termination of your employment, to the deduction from your final pay of any money owing to NZ Labour Hire, whatsoever it may be – this includes, but is not limited to:
1) Failure to return any equipment belonging to NZ Labour Hire within 24hrs of the termination of your assignment
2) Returning damaged equipment belonging to NZ Labour Hire (NZ Labour Hire shall apply a fair wear and tear rule)
3) Damage to goods, equipment, tools, or vehicles of NZ Labour Hire clients caused by Your negligence. This clause in no way minimises or limits the Client or the Clients insurers from seeking compensation from You as a direct result of gross negligence on Your part. You agree for monies to be deducted for all ppe issued and not returned within 48hours of finishing last assignment
14. RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS
All employment relationship problems which include personal grievance matters will be dealt with in accordance with following procedure.
1) If you have an employment relationship problem or personal grievance you should first raise it and try to resolve it with your manager.
2) If any matter you have raised under step 1 has not been resolved you should write to your manager covering the details of your problem or grievance and the solution you seek to resolve the matter. A meeting will be arranged with you to discuss the issues raised.
3) If the problem is still not resolved you may refer the details to the Mediation Service of the Department of Labour or any alternative mediation provider as may be agreed.
4) If the problem is not resolved by mediation, it may be referred to the Employment Relations Authority for investigation and determination. You must raise a personal grievance with NZ Labour Hire within 90 days of the grievance arising or coming to your notice.
15. COMPLETENESS
This employment agreement is the complete agreement and replaces all previous written or oral agreements or understandings. Variations to this agreement must be in writing and signed by both parties.
16. EMPLOYEE'S CONFIRMATION & PARTIES SIGNATURES
I {Surname:200} {First Name:199} hereby confirm that:
a) I was given a copy of my intended agreement and informed that I was entitled to seek independent advice about that agreement.
b) I was given a reasonable opportunity to seek independent advice.
c) Any issues I have raised have been considered and responded to.
d) I agree to comply with any company policies which may be changed from time to time at the company’s sole discretion.
e) I have read, and understand the Employers Health and Safety Policy and agree to adhere to its content.
f) I have read and fully understood these terms and conditions of employment and accept them fully.