SVEN JOBS PTY LTD (ACN 657 600 621) of Level 12, 412 St Kilda Rd, Melbourne, VIC, 3004, Australia (Sven)
and
(Worker)
1. definitions and interpretation
Agreement means this agreement and any Schedules.
Award means the modern award, as replaced from time to time, that applies to the Worker's employment by law.
Host means the Host entity and any related body corporate as defined in the Corporations Act 2001 (Cth).
Shift means the time that the Worker is rostered to work for the Host and, where applicable, performs work for the Host, as detailed in the Shift Summary.
Shift Summary means the record containing details about the Worker and the Shift that Sven provides to you before each Shift.
Sven App means the Sven digital applications, algorithms, and platform that:
a. matches a Worker and a Host, so that the Host can offer Shifts for the Worker to accept; and
b. the Host and the Worker must use to offer, accept, coordinate, and record Shifts.
Worker means the individual listedas a party to this Agreement or who has otherwise agreed to enter into thisAgreement with Sven.
2.1 Casual employment
(a) You will be employed as a casual employee. As a casual employee, Sven can elect to offer you work from time to time and you may elect to accept or reject work.
(b) You acknowledge that:
(i) this offer of employment is made to you on thebasis that Sven makes no firm advance commitment to continuing and indefinitework according to an agreed pattern of work for you; and
(ii) you accept the offer on this basis.
(c) As a casual employee, you are not entitled tonotice of termination of your employment.
(d) Your employment with Sven will terminate where you have been inactive on the Sven App and have not accepted a Shift for a Host for 6 months.
2.2 Shift
(a) Each Shift is a single work engagement and eachShift is a separate employment relationship between you and Sven.
(b) Before the commencement of each Shift, you willreceive a Shift Summary.
(c) There is no guarantee that you will perform work on a Shift. A Shift is subject to a Host offering you a Shift, your acceptance of that Shift, and you performing work on that Shift.
(d) You or a Host or Sven may:
(i) cancel a Shift before it starts; or
(ii) once a Shift starts, end the Shift early.
(e) You will comply with any Shift cancellation policy or early finish policy of Sven as amended from time to time.
2.3 National Employment Standards
Your employment with Sven is subject to the National Employment Standards in the Fair Work Act 2009 (Cth) (NES). A reference to the NES is a reference to those standards that apply to your employment. Those standards apply to your employment by law and are not incorporated into your employment with Sven by this Agreement.
2.4 Location of work
(a) Your place of work will be determined by theShift.
(b) You may be required to work from Sven's officesor other location directed by Sven from time to time.
2.5 Timesheets
For each Shift, you must use the Sven App to:
(a) at the time you begin the Shift, record your start time;
(b) at the end of any break you take during theShift, record the break start and end time; and
(c) at the time you finish the Shift, record your end time.
3.1 Rate of pay
(a) You will be paid an hourly rate of pay and any applicable loadings, allowances and reimbursements and other payments to which you may be entitled under the Award.
(b) You will receive a casual loading of 25% on your base hourly rate of pay.
3.2 Superannuation
(a) You will be paid superannuation contributions in accordance with Sven's obligations under the Superannuation Guarantee (Administration) Act 1992 (Cth) as amended from time to time.
(b) You may choose a superannuation fund by completing the standard choice form that Sven provides to you. If you do not choose a superannuation fund:
(i) Sven may check with the ATO if you have an existing superannuation account (a "stapled super fund") and, if you do, pay employer superannuation contributions into it; or
(ii) if you do not have a stapled super fund, your superannuation contributions will be directed into a default superannuation fund.
3.3 Method and frequency of payment
You will be paid weekly to your nominated Australian bank account.
3.4 Overpayments if deemed other than casual employee and set-off
(a) If a court or tribunal determines that your employment is to be characterised as other than casual in respect of any specific period of your employment (Period), and Sven is required to pay an amount of money to you as a consequence (Amount Due), you agree that the amount of casual loading paid to you by Sven in respect of the Period was an overpayment (Overpayment). You agree to repay to Sven the Overpayment, up to an amount not exceeding the Amount Due.
(b) Your pay and any other amounts paid to you from time to time is in full satisfaction of all hours which you work and all monetary entitlements, including entitlements under any industrial instrument to minimum wage, overtime rates, loadings (including annual leave loading),penalty rates, allowances and superannuation. You acknowledge that Sven is entitled to set-off its payments to you against any claim you make against it in respect of your entitlements under theAward or any other industrial instrument applicable to your employment.
3.5 Estimate
For the avoidance of doubt, any estimate of your pay that Sven provides to you prior to paying you is an estimate only and is subject to change.
(a) You acknowledge and agree that you will not beeligible for most forms of leave because of the casual nature of your employment.
(b) You may be entitled to leave in accordance with the NES.
(c) You are entitled to long service leave in accordance with applicable legislation.
5.1 General Conditions
Your employment is conditional on:
(a) your completion of any Sven pre-employment on boarding process;
(b) Sven receiving evidence of your legal right to work in Australia;
(c) your agreement that the information you have provided to Sven is correct; and
(d) your completion of any checks or clearances that Sven requires and you consenting to Sven completing any checks or clearances that it requires.
5.2 Right to work in Australia
(a) You must inform Sven immediately of any change that may affect your legal right to work in Australia.
(b) If there are any restrictions or limitations on your right to work in Australia, you will notify Sven immediately and you will not breach those restrictions.
5.3 Employment obligations
During your employment you must:
(a) read and comply with any terms of use for theSven App and website, as published on the Sven website or available on the Sven App and amended from time to time;
(b) use the Sven App to record the time you work and any breaks;
(c) only use the Sven App, and not use any other method, to arrange a Shift or any form of work with a Host;
(d) rate a Host immediately after the end of theShift;
(e) perform your duties and responsibilities diligently, faithfully and honestly to the best of your knowledge and in the best interests of Sven all times;
(f) read and comply with Sven's written policies andprocedures, as amended from time to time. Those policies and procedures are not incorporated into your contract of employment;
(g) not accept any position or undertake any otherwork that interferes with the performance of your duties;
(h) exercise reasonable care and diligence in the performance of your duties and comply with all reasonable instructions to protect your own health and safety and the health and safety of others, including but not limited to:
(i) taking all reasonable care to protect your ownhealth and safety and ensure that your acts or omissions do not adversely affect the health and safety of anyone else;
(ii) comply and co-operate with any instructions, policy or procedure Sven or the Host gives you relating to health and safety;
(iii) report or make recommendations to Sven and/orthe Host to avoid, eliminate or minimise dangerous or unsafe working conditions, of which you are aware;
(i) disclose any pre-existing illness or injury toSven that may affect your ability to perform your duties; and
(j) when requested by Sven, return any of its property that is in your possession.
5.4 Confidentiality and intellectual property
During and after your employment:
(a) you must keep confidential all information in relation to the business of Sven that is not known to the public and that you know, or ought to know, is confidential; and
(b) if requested by Sven and at Sven's expense, do anything lawful and reasonably necessary, to assist Sven to protect its intellectual property rights and to perfect Sven's ownership of those intellectual property rights.
5.5 Post-employment restraints
(a) For a period of 28 days after accepting a Shiftwith a Host, you will not perform work for the Host unless it is a Shift.
(b) For a period of 28 days after accepting a Shiftwith a Host, you will not perform work for any Host unless it is a Shift.
(c) You acknowledge that the restraints in this clause are reasonable and necessary to protect Sven's legitimate business interests, including Sven's relationships with its Hosts and its employees and the goodwill of Sven's business.
6.1 Privacy
(a) Sven will obtain personal information about you.Personal information has the same meaning as in the Privacy Act 1998 (Cth) and the Australian Privacy Principles. You consent to Sven obtaining personal information about you and disclosing it to other parties for the purpose of conducting Sven’s business.
(b) By signing this agreement, you permit Sven to collect, use and disclose your personal information for the purposes of conducting and administering its business and related activities, including providing promotional material and complying with legal obligations, and to share your personal information with third parties where required.
(c) You acknowledge that, if you do not provide requested information to Sven, Sven may be unable to provide you work in accordance with this Agreement.
6.2 Workplace Surveillance
You consent to Sven subjecting your activities at work to intermittent and/or continuous surveillance, such as camera surveillance and surveillance of computer systems. Unless the surveillance is being conducted pursuant to a court order, camera will be generally visible in each of the areas in which they operate.
6.3 Media
You must not communicate with or disclose to any representative of the media any information relating to Sven, any employee/s or any Host/s.
6.4 Entire agreement and variation
(a) This Agreement sets out the entire agreement with you regarding the terms and conditions of your employment with Sven. Any prior representations or commitments in relation to your employment are superseded by this Agreement.
(b) The terms and conditions of your employment canonly be varied if in writing and signed by you and Sven.
6.5 No waiver
The failure of Sven at any time to insist on performance of any term of this Agreement is not a waiver of its right at any later time to insist on performance of the term or any other term of this Agreement.
6.6 Governing law
Your employment will be governed by the laws of New South Wales.
6.7 Fair Work Casual Employment Information Statement
A copy of the Fair Work Information Statement and Casual Employment Information Statement is available here and you acknowledge you have been provided with a copy of it with this Agreement.
Schedule 1
Shift cancellation policy
Early finish policy
