Terms & Conditions

Welcome to Care Next Door

This contract sets out the terms and conditions of your employment.

Employment

You are employed on a Casual basis in the position of Disability Support Worker. You will report to Kandy Stephenson (Registered Nurse) or any other person directed by the Care Next Door time to time. Care Next Door may unilaterally change your title, duties, responsibilities, function, role accountability or reporting relationship at any time.

Location

Your usual place of employment will initially be as required then as well as any other location required to fulfil the duties of your position. You may at any time be required to work at a different location nominated by Care Next Door on either a temporary or permanent basis.

Probation

Your employment will be subject to an initial 6-month probationary period. During probation, Care Next Door will assess the suitability of your continuing employment, and either party may terminate your employment by providing one week’s written notice to the other party (or pay in lieu of notice).

Hours

Your work hours will be according to the schedule provided prior to week commencement. Hours may and will change from time to time.

Remuneration

Casual rates

Mon-Fri $40 per hour

Sat - $48 per hour

Sun - $65 per hour

PH - $75

All payments made to you by Care Next Door throughout your employment (regardless of whether they are expressly referred to or guaranteed by this contract) compensate for and set-off to the fullest extent possible all combined benefits or entitlements you have under any applicable industrial instrument or law. This includes, without limitation, payment for all hours worked, any minimum salary, payment for minimum periods of engagement,

overtime, penalty rates for weekend work or public holiday work, shift and overtime allowances, meal allowances, annual leave loading and any other allowances and loadings to which you may otherwise be entitled.

Where the combined monetary value of all such benefits or entitlements exceed the combined monetary value of all payments actually made to you, Care Next Door’s further payment obligations shall be limited to the difference between those two combined amounts.

Your salary will be paid each Wednesday for work completed the week prior (Mon to Sun) by electronic funds transfer into your nominated bank or building society account less applicable tax. Care Next Door may unilaterally amend the frequency of payment at any time by providing you with notice in writing.

Superannuation

In addition to the remuneration paid, Care Next Door will make the compulsory minimum superannuation contributions required into a complying fund in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth).

Expenses

You will be reimbursed for all reasonable out-of-pocket business expenses incurred in the proper performance of your duties that are authorised in advance by Care Next Door and supported by appropriate receipts, subject to the terms of any applicable workplace policy.

Duties and Responsibilities

During your employment you must:

• devote the whole of your time, attention and skill during working hours and at other times as reasonably necessary to perform your duties;
• perform the duties reasonably required or directed by Care Next Door from time to time, irrespective of which position you hold;
• follow and comply with all reasonable and lawful directions given to you by Care Next Door; be faithful and diligent, and actively pursue Care Next Door’s best interests at all times; not compete, directly or indirectly, with Care Next Door;
• not, in connection with your employment with Care Next Door, accept any financial or other benefit except from Care Next Door, unless such benefit is disclosed to Care Next Door and it expressly permits you to accept it;
• not conduct yourself in a manner, whether during or after work hours, that in the opinion of Care Next Door causes damage or potential damage to Care Next Door’s property or reputation;
• not use internet, email or voicemail at Care Next Door’s workplace for excessive personal use, to view or distribute offensive or illegal material, or in any manner not consistent with Care Next Door’s workplace policies;
• not unlawfully discriminate against, sexually harass or bully another person in any manner related to your employment or Care Next Door’s business;
• not engage in any employment or provide any services to any person or entity other than Care Next Door during your employment without Care Next Door ’s prior written consent.

Leave

As a casual employee you are not entitled to annual leave.

Workplace Policies

Care Next Door may from time to time have written workplace policies in place which deal with a variety of matters concerning how the workplace operates, procedures to be followed and expectations in relation to particular aspects of the business. The purpose of these policies is to make clear what Care Next Door expects from you in relation to the aspect of the business dealt with by the policy.

You are required to be familiar with the content of all such policies, and to comply with their terms at all times. Any failure to do so may result in disciplinary action up to and including termination of employment. If you are uncertain of where these polices are located or what obligations they impose, you have an express obligation to raise this with your manager. Your manager will then provide you with, or direct you to, the required information.

To the extent that the policies describe benefits and entitlements for the Employee or impose any obligations on Care Next Door, these are discretionary in nature and are not intended to be contractual. The terms and conditions of your employment that are intended to be contractual are set out in this contract.

Care Next Door may unilaterally introduce, vary, remove or replace policies at any time during the course of your employment.

Dress Code and Protective Equipment

You are required to wear appropriate and adequate clothing and footwear (including where relevant protective clothing and/or equipment) suitable to the nature of the work you perform and the location where you perform that work, or as directed or required by Care Next Door’s workplace policies.

You must apply all due diligence to the care and maintenance of such clothing and equipment.

Company Property

Care Next Door may provide you with company property during the course of your employment such as computers and clothing. The provision of any such company property is contingent on your role and will be provided at the absolute discretion of Care Next Door. You will not have a contractual entitlement to such company property, and it may be withdrawn by Care Next Door at any time.

You must ensure that all company property in your possession or control is properly cared for and maintained.

Any company property must be used in accordance with any applicable workplace policy.

Personal use is not permitted other than as provided for by any workplace policy (or as otherwise expressly allowed for by Care Next Door).

Confidential Information

During and after your employment, you must:

• keep all Confidential Information secret and confidential;
• take all reasonable and necessary precautions to maintain the secrecy and prevent the disclosure of any Confidential Information;
• not disclose any Confidential Information to any third party; and
• not use any part of or make copies of any Confidential Information, except:

        - as reasonably required in the ordinary and proper course of your employment; to the extent required by law; or

        - if Care Next Door s written consent is first obtained.

“Confidential Information” means any information relating to the business or affairs of Care Next Door, its clients or it’s Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth), that is not in the public domain including, but not limited to, any document, record, computer file, lists of current or former clients, trade secrets, customer or client details and information, product or service information, teaching methods, sales and marketing information, lists of prospective clients or customers, information relating to any computer systems or software, financial information, discovery, invention, drawing, design, strategy, plan, data, report, process, proposal, budget, idea, concept or know how.

This clause will survive the termination of your employment, irrespective of the basis of the termination, and shall remain in full force and effect indefinitely.

Intellectual Property

You acknowledge and agree that it is a condition of employment that Care Next Door shall be the owner of all Intellectual Property Rights in everything created, generated or contributed to by you in the course of your employment:

• whether alone or in conjunction with others;
• whether during office hours or otherwise;
• irrespective of where the creation, generation or contribution took place;
• which:

        - relates to the business or prospective business of Care Next Door; or

        - was created, generated or contributed to using any equipment or facilities of Care Next Door.

You must do all things necessary to enable Care Next Door to confirm or perfect the Intellectual Property Rights assigned under this clause.

You consent to any act or omission by or on behalf of or authorised by Care Next Door, or Care Next Door’s assignees, licensees or successors in title and any person authorised by Care Next Door, or its assignees, licensees or successors in title which would otherwise infringe any part of your moral rights that subsist in any copyright works created by you.

“Intellectual Property Rights” means all intellectual property rights as defined by law including without limitation:

• know how, trademarks, business names, the right to have confidential information kept confidential, copyright, inventions, improvements, designs, patents, discoveries, concept, circuits or other eligible layouts, numeric data, data or formulae, software, coding, models, drawings, plans, trade secrets, secret processes, reports, proposals, concepts or ideas;
• any rights in respect of (a); and
• any application or right to apply for registration of any of (a).

This clause will survive the termination of your employment, irrespective of the basis of the termination, and shall remain in full force and effect indefinitely.

Conflicts of interest

You are required to immediately disclose any potential, perceived or actual conflict of interest (whether direct or indirect) that may give rise to a conflict with the performance of your employment obligations to Care Next Door, or Care Next Door’s business or reputational interests.

Care Next Door may require you to take action to eliminate or reduce any such conflict. In the event that in the opinion of Care Next Door you fail or refuse to declare any such conflict, or to resolve it in a manner satisfactory to Care Next Door in accordance with its directions, then notwithstanding any other provision of this contract, Care Next Door may terminate your employment on an immediate basis.

Privacy

You consent to Care Next Door collecting and using personal information and sensitive personal information as defined in the Privacy Act 1988 (Cth) for any purpose relating to your employment with Care Next Door. The personal information will be held in a secure location.

You also consent to Care Next Door disclosing personal information and sensitive personal information about you to other persons for reasons relating to your employment or for Care Next Door ’s business requirements. These persons include the Australian Tax Office, superannuation fund trustees and administrators, insurers, medical or occupational practitioners, financial and legal advisers, potential purchasers on sale of business and law enforcement bodies.

You also consent to Care Next Door disclosing your personal information and image or likeness for marketing purposes including on Care Next Door’s website.

This clause will survive the termination of your employment, irrespective of the basis of the termination, and shall remain in full force and effect indefinitely.

Termination of Employment

Following any probationary period applying to your employment, you or Care Next Door may terminate your employment at any time by providing the following amount of written notice (or, in the case of Care Next Door , the minimum period set out in applicable legislation if this is greater):

Notice period

4 weeks.

The period of notice will increase by 1 week if the employee is over 45 years old and has completed at least two years of continuous service.

Care Next Door may terminate your employment immediately if in the opinion of Care Next Door you:

• disobey or refuse to carry out a lawful direction of Care Next Door;
• are guilty of serious misconduct including without limitation committing any act of dishonesty, fraud, theft, unlawful harassment or discrimination, or wilful breach of duty or workplace policy; serious or wilful neglect in the performance of your duties; being intoxicated at work; or engaging in conduct that causes risk to a person's health and safety or to Care Next Door ’s reputation, viability or profitability;
• are convicted of an offence precluding or inhibiting the further performance of your duties;
• cease to be legally entitled to perform work in Australia;
• commit any act of bankruptcy or compound with creditors;

If notice of termination is given by either you or Care Next Door under this contract, Care Next Door may in its absolute discretion provide you with a payment in lieu of notice for all or part of the notice period.

If notice of termination is given by either you or Care Next Door under this contract, Care Next Door may in its absolute discretion during all or part of the notice period direct you not to perform any duties, require you to remain away from Care Next Door ’s premises, require you not to have any dealing with customers or clients of Care Next Door , and/or change your duties.

You will remain an employee of Care Next Door during the notice period and you must not commence work with any other person or entity during this period.

On termination of your employment, you must immediately return to Care Next Door all company property that is in your possession, custody or control including but not limited to: all documents,

Confidential Information, company equipment, software, computers, credit cards, keys, vehicles and property leased by Care Next Door.

Deductions

You agree that Care Next Door may make deductions from any amount payable to you:

• where the deduction amount relates to any overpayment of salaries or other benefit or entitlement (including without limitation paid leave in advance of accrual);
• where the deduction amount relates to the reasonable cost or repair of any equipment or property damaged, lost or not returned to Care Next Door;
• where you do not serve out your full notice period on termination but are required to do so by Care Next Door. The deduction amount will be equivalent to the value of the remuneration you would have earned during the balance of the notice period, and you acknowledge that this constitutes a reasonable estimate of the damage to Care Next Door arising from your failure to serve out the full notice period; and/or
• of any other amount permissible by law.

You acknowledge that these deductions will be to your benefit as they will discharge any debts owed by you to Care Next Door.

You agree to execute any separate written document necessary to give effect to any such deduction.

This clause will survive the termination of your employment, irrespective of the basis of the termination, and shall remain in full force and effect indefinitely.

Restraint of Trade

As consideration for your remuneration and you acquiring knowledge of the confidential information and intellectual property of Care Next Door and its affiliated entities in Australia, you agree that, whilst employed by us and for the applicable Restraint Period, you must not directly or indirectly undertake any of the following activities without obtaining our prior written consent or approval:

• canvass or solicit, or attempt to canvass or solicit, the business of any client (in relation to the provision of the type of services you provided at Care Next Door) with whom you have had direct dealings in the 12 month period prior to your employment ending; and
• induce or attempt to induce or solicit professional staff, including but not limited to directors and employees of Care Next Door with whom you otherwise have had direct dealings in the 12-month period prior to your employment ending to leave their employment with Care Next Door.

For the purposes of this clause:

       (a) “Restraint Period” means the following periods after your employment ends (for any reason):

       (b) 12 months, or if that is unenforceable;

       (c) 6 months, or if that is unenforceable

       (d) 3 months.

"Restraint Area" means:

       (a) Australia, or if that is unenforceable;

       (b) The State, Territory or jurisdiction in which you predominantly worked during the 12-month period prior to your employment ending.

You acknowledge and agree that:

• the restraints set out in this clause are reasonable and necessary in the circumstances to protect our legitimate business interests, including our confidential information and goodwill.
• the restraints set out in this clause do not unreasonably restrict your right to practice in your profession.
• the restraints set out in this clause are intended to operate to the maximum extent.
• damages may be inadequate to protect the Care Next Door Group's interests and we are entitled to seek and obtain injunctive relief, or any other remedy, in any court.
• each restraint contained in this clause (resulting from any combination of the wording in clause 1 and the definitions of Restraint Period and Restraint Area) constitutes a separate and independent provision, severable from the other restraints. If any such restraints are determined to be unenforceable in whole or in part, the enforceability of the remainder of that restraint and any other restraint will not be affected.
• your obligations under this clause survive the termination of your employment.
• if there is any inconsistency or contradiction between the restrains which are not invalid or unenforceable, the restraint with the longest Restraint Period and the widest Restraint Area, to the exclusion of any other prohibition or restraint, constitutes the agreed restraint.

General

This contract will continue to apply to your employment notwithstanding any change to your position, duties, hours of work, remuneration or location, unless otherwise agreed in writing.

This contract constitutes the entire agreement between you and Care Next Door with respect to its subject matter and supersedes any prior written or other agreement between you and Care Next Door to the extent permitted by law.

After execution, the terms of this contract may not be changed or modified in any way other than as contemplated by this contract, unless it is in writing signed by both you and Care Next Door.

This contract will terminate on the termination of your employment, save for those clauses which are expressly stated throughout this contract to survive termination.

This contract is governed by the laws of the jurisdiction of your usual place of employment as described above.