Details of the services we are contracting you for are contained in your Engagement Letter. In addition to the detail you find there, please note that you must:
- Perform your duties to the best of your ability, and advance the interests of WAYTCo.
- Diligently obey and observe all lawful directions by the Employer.
- Ensure that any functions undertaken are not in conflict or prejudicial to WAYTCo, or inconsistent with the requirements imposed by law upon WAYTCo.
- Not pledge the credit of the Employer unless required to do so in accordance with the scope of their employment or as authorised to do so.
- Notify WAYTCo as soon as reasonably possible if you will be absent from work for any reason.
- Adhere to WAYTCo’s policies and procedures that WAYTCo may implement, as varied from time to time in its discretion. To the extent that the contents of policies or procedures refer to obligations on WAYTCo, you agree that they are guides only and are not contractual terms, conditions or representations on which you rely.
- Protect WAYTCo’s interests, confidentiality, commercial interests and intellectual property.
You may engage in other work during the term of this agreement, provided that performing this work does not conflict with your obligations under this agreement. You must immediately inform us in writing of any actual or potential conflict of interest.
We may terminate your Services at any time (including before the provision of the Services on the dates noted) in accordance with the termination provisions of this Agreement.
Hours of work
This role is a CASUAL position.
Depending on the nature of the engagement, days of work and start and finish times may vary.
You are required to work the hours laid out in the Season Schedule (Schedule 1), if you are issued with one, or in accordance with the hours advance agreed, and agreed in writing, between yourself and the WAYTCo General Manager.
Schedule 1, if you receive it, is subject to change. Regarding any changes to the schedule, WAYTCo will endeavour to consult with you and update you promptly. If changes to the schedule necessitate an increase in number of hours to be worked, these will not be paid above what is indicated in the Pay Schedule (Schedule 2), unless agreed in advance by the General Manager.
Rate of Pay
Your rate of pay is set at a level that takes into account available Company budget, your skills and experience, the duties of the role, and casual leave loading.
We will pay you an hourly rate calculated in accordance with the Live Performance Award and with the addition of a 25% loading.
Please refer to your Pay Schedule (Schedule 2), or to written confirmation of your casual engagement, for Rate of Pay detail.
Your pay is dispensed fortnightly, in arrears, to your chosen bank account. WAYTCo will withhold any relevant tax payable.
In order to receive your pay, you are required to EITHER submit a fortnightly timesheet, which WAYTCo will supply you with, OR accept, with your contract acceptance, the Pay Schedule (Schedule 2) as a record that can later, during the relevant pay cycle, be used in lieu of a timesheet. In the latter instance, when you accept your contract you must include the line “I also agree for the attached Pay Schedule (Schedule 2) to be used for payroll purposes”.
If you are submitting a timesheet, hours in a given fortnight are to be reflective of hours worked and should be controlled through regular work allocation meetings (held ~fortnightly), between yourself and the General Manager.
In addition to your base salary, WAYTCO will ensure that superannuation contributions are made to the fund of your choice, in accordance with statutory requirements.
To facilitate payment of the above-mentioned Super, please ensure you have provided us with your Superannuation Fund details:
- Super Fund name
- Fund ABN
- Sub-fund Name (if relevant)
- Client name
- Client number
- Account number
Location and facilities
Refer to Engagement Letter.
We will provide you with access to our equipment and resources, where reasonably necessary in order to perform the Services. However, you are responsible for ensuring that you have all that you require for your use in performing the Services.
Occupational health and safety and Equal opportunity
You must comply with all applicable occupational health and safety laws, all safety instructions that we issue (including any health and safety notices and handbooks) and all reasonable directions that we may issue to you regarding health and safety. You agree that you will immediately notify us upon becoming aware of any health and safety incidents that occur in the provision of the Services.
You must comply with all relevant equal opportunity legislation and standards and any policies notified to you by us, for the duration of this agreement.
WAYTCo reimburses any normal business related expenses and reasonable out of pocket expenses incurred by you. Reimbursement will be processed on receipt of tax invoices.
As this role is casual, you will not accrue Annual Leave.
Personal and Other Leave
Again, as this role is casual, you are not entitled to Personal or Other Leave in the same way that a Full- or Part-time employee is. However, should you have personal or illness-related reasons preventing you from completing your work at anytime, please simply advise the General Manager (with as much notice as possible) and they will work with you to arrange a mutually agreeable plan for rescheduling and reallocating tasks to allow you any time off that you may require.
Confidential Information means any information which is confidential and not in the public domain (unless in the public domain because of a breach of confidentiality) or any information about WAYTCo or its business (including but not limited to, any idea, concepts, process or know-how) which comes to your notice in the course of your employment or is generated by you in the course of performing your duties.
During and after your employment, you must take all reasonable and necessary precautions to maintain the secrecy and prevent disclosure of information. Additionally, you must not disclose Confidential Information unless the use of disclosure is: (a) required by law; (b) made as part of the proper performance of your duties; or (c) agreed by the Board or General Manager of WAYTCo prior to the disclosure.
To avoid doubt, this clause is not intended to limit any duty of fidelity owed by you and implied into your employment agreement.
This provision continues to apply after this Contract comes to an end.
WAYTCo understands that the nature of Culture and the Arts involves collaboration and flexible work arrangements. We assume you will be seeking work outside of this role, and, from time to time, may require some flexibility to fulfil outside work requirements.
Early notification for these arrangements is required, after which we will work with you to determine a mutually agreed working arrangement to reduce adverse impacts on the fulfilment of your duties, as well as make up the time as soon as possible. Any reduction in hours may only occur with the consent of both you and WAYTCo.
Further, you are expected to report to the Board / General Manager potential conflict which may arise in relation to this employment agreement and any other employment, engagement or business venture.
WAYTCo reserves the right to refuse permission for you to work alternate roles to the extent the role conflicts with your role with WAYTCo.
This agreement may be terminated by either party at any time by giving to the other party 3 days’ notice in writing.
We may at any time terminate this agreement without notice and with immediate effect if you commit a serious breach of this agreement.
Upon termination of this agreement, you must immediately return to us all property in your possession that belongs to us.
For the purposes of this clause:
Intellectual Property includes: copyright; design, patent, trademark, semiconductor, circuit layout or plant breeder rights (whether registered, unregistered or applied for); trade, business, company or domain name; knowhow, inventions, processes (whether in writing or recorded in any form); and any other proprietary, licence or personal rights arising from intellectual activity in the business, industrial, scientific or artistic fields.
Moral Rights has the same meaning as that term has in Part IX of the Copyright Act 1968 (Cth).
Works means all programs, programming, literary, dramatic, musical and artistic work within the meaning of the Copyright Act 1968 (Cth).
As part of your employment, you agree that WAYTCo owns all Intellectual Property that you develop or conceive in the course of or arising out of your employment with us, whether alone or in conjunction with someone else, and whether during or outside working hours in the course of, as a consequence of or in relation to the performance of your duties.
You will do anything necessary, including executing any documents such as an assignment, for the purpose of effecting, perfecting and protecting WAYTCo’s title or that of its nominee to the Intellectual Property, in Australia or such other countries, as we require.
You may not make use of or reproduce any Intellectual Property owned by WAYTCo without our prior written approval, other than in the ordinary course of your employment.
You consent to the doing of any acts or making of any omissions by us, our employees, servants, agents, licensees and assigns that infringe your Moral Rights in any Works made by you in the course of your employment with us, including:
- not naming you as the author of a Work;
- naming another person as the author of a Work;
- amending or modifying (whether by changing, adding to or deleting/removing) any part of a Work;
whether those acts or omissions occur before, on or after the date of this Contract.
You acknowledge that your consent is genuinely given without duress of any kind and that you have been given the opportunity to seek legal advice on the effect of giving this consent.
This provision continues to apply after this Contract comes to an end.
Your employment may be terminated by yourself or WAYTCo by giving notice in writing of the day of termination. As a casual employee you are not legally required to give us notice, should you wish to terminate this employment contract. However, we do ask that you consider giving us notice according to the following:
|Period of Service with WAYTCo||Period of notice:|
|Not more than 1 year||1 week|
|More than 1 year, but not more than 3 years||2 weeks|
|More than 3 years, but not more than 5 years||3 weeks|
|More than 5 years||4 weeks|
Should WAYTCo determine that it must bring your contract to an early finish, the Company will provide you with notice in writing.
In certain cases, WAYTCO may terminate your employment without notice or additional payment (other than that accrued at the date of termination) if you engage in serious misconduct. Serious misconduct includes but is not limited to:
- Gross incompetence, gross insubordination or neglect in performance at work;
- Working under the influence of alcohol or drugs whilst on duty or possessing dangerous, harmful or unauthorised materials in the workplace (including firearms, weapons, drugs and alcohol);
- Any criminal conviction or act in your private life which brings WAYTCo into serious disrepute or which affects your suitability for employment with us;
- refusing or neglecting to carry out any lawful orders or directions of WAYTCo;
- Theft or misappropriation of WAYTCo property; and
- Failure (other than for illness or injury or other work) for any reason to fulfil the duties of your position for a period of longer than one month.
On termination of your employment, you must return all company property and documentation.
Changes to this contract
From time to time, it may be necessary to amend a provision in this Contract. Variation of the Contract must occur by mutual agreement and be in writing.
Any change, whether fundamental or not, in any aspect of your employment by WAYTCo (including any of your responsibilities and duties) shall not, unless agreed in writing between yourself and WAYTCO, cause the termination of this Contract and creation of a new contract but shall amount to a variation of this Contract which shall remain in full force and effect varied only to the extent of the change.
Note that the failure of WAYTCo to require full or partial performance of any provision of this contract shall not affect in any way the right of that part to require that performance subsequently.
The waiver by you of a breach of a provision of this contract shall not be deemed a waiver of all or part of that provision or of any other provision or of the right of that party to avail itself of its rights subsequently.
If any provision of this Contract is unenforceable, illegal or void, that provision is severed and the other provisions of this Contract remain in force.