Casual Employee Terms

Engagement 

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 submit a fortnightly timesheet. A timesheet template will be supplied to you by WAYTCo with your Engagement Letter.

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, between yourself and the General Manager.

Superannuation

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.

Reimbursements

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.

Leave Provisions

As this role is casual, you will not accrue Leave entitlements.

Competition

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.

Intellectual Property

You agree that WAYTCo owns all Intellectual Property that you develop or conceive in the course of or arising out of your engagement with us, whether alone or in conjunction with someone else, and whether in the course of, as a consequence of or in relation to the performance of the Services. 

You agree to assign to us all Intellectual Property that you create in the course of or in connection with the provision of the Sservices to us. You are required to inform us of all such Intellectual Property.  [Note: For some contracts (e.g. with a writer) we may amend this clause] 

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 performance of the Services. 

‘Intellectual Property’ means all present and future rights to intellectual property including any inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction and any rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data or formula. It also includes any other proprietary licence or personal rights arising from intellectual activity in the business, industrial, scientific or artistic fields.  

Your obligations under this clause  survive termination of this agreement.

Termination

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. 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.

Waiver

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.

Severability

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.

Your warranties

In signing this agreement, and providing Services in accordance with it, you warrant that:

• there are no legal restrictions that would prevent you providing the Services and you will act lawfully in providing the Services;
• you hold a current Working with Children Check and will ensure that you continue to do so throughout the duration of the agreement;
• you will not infringe the Intellectual Property of any third parties in providing the Services.

Confidentiality

You must not disclose any Confidential Information about WAYTCo, the Services or this agreement during or after the period of the Services without the express written approval of WAYTCo except to professional advisors for the purpose of obtaining legal or financial advice or if required by law. 

“Confidential Information” means all information (in any form and whether or not in writing) concerning WATYCo its related entities and their business, finances, suppliers, employees and/or contractors which is not in the public domain.  

General

This agreement is governed by the law in force in Western Australia.

This agreement constitutes the entire agreement between the parties in respect of the provision of Services and may only be amended in writing signed by the parties.

Other

Code Of Conduct