Dear Kevin Riley,
We are very pleased to confirm that will offer you casual employment on the conditions set out in this letter.
In this letter, words in bold type (other than headings) have the meaning described in the definitions section at the end of the letter.
1.1 Commencing position
Awesome Landscapes will commence employing you in the position of Site Property Custodian, reporting to the Site Supervisor, Andrew Lowe.
The Company may, after consulting with you, require you to work in another position for you skill, competence, and experience, provided that that the Company will notify you of any change in your classification under the Award.
1.2 Casual employment
The company will offer you casual engagements from time to time. While you are free to refuse casual engagements offered, you must wherever possible give the company at least 3 days’ notice of your unavailability. If you or the company wishes to terminate the causal contract, either the company or you may do so with two weeks’ notice in writing.
1.3 Company policies
You must be familiar with and observe the company’s policies as varied from time to time. Nothing in the company’s policies gives rise to a legal right or benefit enforceable by you.
You acknowledge and agree that:
(a) you have a lawful right to work in Australian and perform the duties and responsibilities of employment contemplated by this letter;
(b) you will immediately notify the company of any circumstance that might prejudice this right at any time during your employment by the company; and
(c) in order to enable the company to verify at any time that you have this right, you will provide to the company upon request sufficient evidence to establish this fact.
The company will pay you wages of $17 for each hour of any online/distance learning training and assessing. Your hourly rate of pay includes payment for all allowances, loadings, overtime payments or penalties to which you may become entitled under industrial laws.
In addition, the company will make superannuation contributions in your favour as required by law.
2.2 Method of payment
The company will pay wages into your nominated bank account two (2) in arrears.
At the end of each casual engagement calendar week, you will complete a time sheet setting out the starting and finishing time of the casual engagement, as well as the relevant date. This must be signed off by your supervisor, and submitted to the finance department.
3.1 Confidential information
In the course of your employment, you will become privy to confidential information of the company or its clients, whether in written, computerised or oral form.
3.2 Obligations of confidence
You will, both during your employment and for so long as the confidential information remains confidential after the termination of your employment (unless it ceases to be confidential other than due to your breach of this clause):
(a) not at any time, either directly or indirectly, disclose or communicate to any person any confidential information that may come to your knowledge during or in the course of your employment, unless expressly authorised by the company or required by law or court order;
(b) use your best endeavours to prevent disclosure or publication of the confidential information where that disclosure or publication is not authorised by the company;
(c) if required by law or court order to disclose any confidential information, advise the company of that fact and take all lawful steps to confine disclosure of the confidential information and preserve its confidentiality, including taking steps to allow the company or its agents to do so;
(d) not use or attempt to use confidential information for your own purposes or for any purposes other than for the purposes of the company in any manner which may injure or cause loss directly or indirectly to the company and/or its business; and
(e) acknowledge and agree that, without prejudice to any other remedy that the company may have, the company will be entitled to injunctive and other equitable relief to prevent or cure any breach or threatened breach of this clause.
4 INTELLECTUAL PROPERTY
You acknowledge and agree that:
(a) all intellectual and industrial property rights in confidential information and any modifications and enhancements to confidential information are owned by the company;
(b) any inventions or works created during and in the course of your employment and the entire copyright throughout the world in all works are owned by the company;
(c) the company owns all inventions and works absolutely and without further payment by the company to you and to the extent necessary, you irrevocably assign to the company all your present and future rights, title and interests in and to all inventions and works;
(d) you must immediately disclose to the company (and to no other person) all the details of any inventions or works created by you during your employment.
(a) consent to the works being changed, copied, edited, added to, taken from, adapted and or translated in any manner or context by the company, and any person authorised by the company to do so, for any purpose related to the company’s business, notwithstanding that such conduct may amount to derogatory treatment of the works within the meaning of the Copyright Act 1968; and
(b) acknowledge that the consent in clause 4.2(a) above is given genuinely and is not given because any person:
(i) applied duress to you (or your representative) to give that consent; or
(ii) made a false and misleading statement to you in relation to the giving of that consent.
You must, both during your employment and thereafter:
(a) do all such acts and things as the company may request reasonably to secure to the company ownership or registration rights in the inventions or works, and you hereby grant to the company the right to use your name to obtain any protection of the inventions or works; and
(b) not engage in any conduct that may damage the company’s intellectual property or industrial rights.
5 GENERAL PROVISIONS
5.1 Entire agreement
This letter constitutes the entire agreement between the company and you regarding the matters set out in it and supersedes any prior representations, understandings or arrangements between the parties, whether oral or in writing.
5.2 Governing law and jurisdiction
(a) The laws applicable in Queensland govern your employment and this agreement.
(b) The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.
In this agreement:
company means Awesome Landscapes
company policies means the policies of the company relating to your employer;
confidential information includes information about the following matters that is confidential to the company:
(a) any client;
(b) the number, nature or mix of products or services provided by the company;
(c) any person who the company or you have approached or canvassed during the employment as a potential client, including their names, addresses, requirements and preferences concerning the products or services produced or that may reasonably be provided by or through the company;
(d) marketing or business plans or strategies;
(e) techniques, procedures or methods devised by the company or required to be used in the operation of its business, including the training of its personnel;
industrial laws means any applicable industrial award, enterprise agreement or industrial legislation;
inventions means all inventions, discoveries and novel designs;
works means all works and other subject matter in which copyright exists.
SIGNED for and on behalf of:
I hereby accept that the company may offer me casual employment on the terms and conditions set out in this agreement and that if I accept that employment I will do so on those terms.
Signature of employee