Terms and Conditions

Terms and Conditions


ELECTRICIANXCHANGE PTY LTD, ABN 90 623 004 795  (‘we’, ‘our’, ‘us’) owns and operates electricianXchange and the website www.electricianXchange.com.. The word "electricianXchange" is a registered Trademark of electricianXchange Pty Ltd. Unauthorized use is an infringement of copyrights, trademarks, or proprietary rights. Any unauthorised use constitutes an infringement of copyrights, trademarks, or proprietary rights and may result in legal action and financial penalties.

These Terms and Conditions govern the use of the www.electricianXchange.com Online Service ("the Service").

Please read this Agreement carefully. Your use of the Service will constitute your agreement to comply with these rules.

Normal usage of labour hire terms and what it actually means

Whilst this website for simplicity uses labour hire terminology from time to time, this labour sharing arrangement actually constitutes a temporary secondment arrangement. That is, the hiring-out entity is temporarily transferring existing employees to another business on the terms and conditions set out herein.

electricianXchangeR - a registered trademark

electricianXchange is a registered trademark (Registerd Trade Mark Number 1906189). 

Access

The website provides a range of services, which requires log on access.

Individual

A person may register as an individual subscriber on the site for the purpose of job search, receiving newsletters and job alerts. Upon registration, you will have a secure log on access including a password nominated by you.

Company Subscriber

This will be an Electrical Contracting company. Company Subscribers will require a Company Account. A log on will allow a Company Subscriber to "Post A Job" and “Second In Temp Labour" or “Second Out Temp Labour” related services at the prices stipulated.

Terminology

“Subscriber” means all registered members of the Website, including members registered as a “company”, “corporation”, “body” (whether a body corporate or an unincorporated and includes for example an association), “partnership”, “joint venture”, “natural person”, “supplier”, “workers” and “advertisers”.

“Website” means this Website (www.electricianXchange.com) or any part of it.

Use of the Service by You

Individual: Your right to use the Service as an individual is personal to you. You may not authorise others to use the Service and you are responsible for your own use of the Service and for preventing unauthorised use by other persons.

Company: The Companies selected individuals who register on behalf of the company are responsible for their use of the Service and for preventing unauthorised use by other persons. Companies must ensure that user profiles are maintained and current.

Job Postings: Our overriding objective is to provide a credible and accurate source of information and employment opportunities for candidates. Advertised positions must represent a bona-fide vacancy.

Second In or Second Out: Our overriding objective is to allow an employer to second staff related resources and for employees to gain cross-training with more stable employment across various electrical contracting companies via their employer. An abuse of these terms may result in your expulsion from the site.

For both Individual and Company Subscribers: electricianXchange Pty Ltd owns all copyright and all other intellectual property rights on this site www.electricianXchange.com except that which is specifically provided and directly posted by job / labour subscribing Companies. electricianXchange welcomes the use of this site provided that you respect all copyright, trademark and other propriety notices contained in the content. We advise that you may not copy or display for redistribution to third parties or for commercial purposes any portion of this site without express permission, unless that information has been specifically provided and directly posted by your own Company.

All other information and material you supply or communicate to the Service is governed by our Privacy Policy, which forms a part of this Agreement.

General

We derive our information from individuals or a company which registers on our site.

While we will take all care; responsibility rests with the individuals or the company registering and posting the information at all times. This includes information about the resume from a job seeker's point of view or the job advertisement, the labour advertisements, the bids and the terms and conditions agreed to from an employers' point of view.

In using the site, you warrant that the content, material or information that you post or upload to the Website will not be fraudulent, defamatory and will not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person or any applicable law.

Where the content, material or information on this Website or any Linked Website contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice, nor the accuracy or reliability of that opinion or advice.

Termination of Access

Access to this Website may be terminated at any time by us without notice.

Privacy

electricianXchange has a strong privacy policy relating to all information that you provide through this web site and we will take all reasonable steps to prevent any data being inappropriately released or misused. Please see our Privacy Policy listed separately and which forms a part of these terms and conditions.

Changes to Terms and Conditions

We may change these terms and conditions at any time. Each time you use the Service you are agreeing to the terms and conditions applicable at that time. We provide a link to these Terms and Conditions at the bottom of every page of the website. You agree to the terms and conditions as applicable at any time.

Jurisdiction

The laws of Australia apply to these Terms and Conditions. Any dispute with electricianXchange arising in relation to these Terms and Conditions will be resolved in accordance with Australian law with the jurisdiction of New South Wales prevailing.

Fraudulent Activity

From time to time, illegal job ads appear on Job Boards. electricianXchange endeavours to ensure that all employment opportunities published on our site are legitimate and remove content that is not in line with our Terms and Conditions. If you have any concerns about any content published on this site, contact us on 1300 353 364 immediately.

Company Access and Services

This section only applies to companies - not the individual job seeker.

The information posted by Companies remains the property of the industry representative and electricianXchange takes no responsibility for content.

Only appointed and authorised persons may register and post information on behalf of an organisation / company.

electricianXchange reserves the right to reject or remove a registration or information if either is deemed fraudulent, misleading or inappropriate. Job Posts are captured at the administration back-end of the site upon posting. Any job posts breaching the law or discriminating in any way will be removed immediately from the backend. The Company posting such illegal or discriminatory information may be banned from using the site. As a registered user, you take responsibility for ensuring the integrity of the data provided.

Published information on the Job Board

This section only applies to companies - not the individual job seeker.

Any unrelated hyperlinks; misleading, repeated keywords, or keywords that are irrelevant to the job opportunity, or “hidden keywords” will be removed immediately and the person or company responsible for this may be banned for an indeterminate period of time.

Jobs published on the site must represent a bona-fide employment opportunity. They must not reference or provide links to other Job Boards, other than your own organisation’s Career Page.

As an authorised registered Company, you are responsible for the content of any information that you post, including hyperlinks to your own Website(s).

Your account will require an Administrator as the designated person to manage the account as the primary contact.


Specific Second Out / Second In Terms

This section only applies to companies - not the individual job seeker.

Companies who use electricianXchange for labour seconding purposes accept and agree to the following terms:

This section of the web site is to be used to second out or second in excess labour / required labour, with the intention of benefiting employers and labour both.

Employers benefit through seconding labour during peaks and troughs each employer faces through the year. Labour benefit from continuing to be employed during lean times their employer faces, while being cross-trained at another entity. Entities needing staff benefit from potentially seconding in labour at negotiated rates – with the market discount to reduce the rate being borne by the employer seconding out the staff and not borne by the staff undertaking the work. This is a crucial point of the electricianXchange Second Out / Second In module. It provides an employer with excess staff who they wish to retain a chance to get some salary recovery by having them work elsewhere.

All the labour secondment in and secondment out will be done at arm’s length via the web site, with the site bringing together employers with excess staff and entities needing staff for what would be short term hires.

By proceeding to use the site you are agreeing to have entered into a commercial agreement to second labour for a limited period and that the arrangement does not constitute an employment or individual contractor arrangement or the like. Any relevant employee of the Seconding Out Employer shall be on loan to the Seconding In entity for work to be done at the Seconding In entity's direction for the periods agreed upon, subject to the following further conditions:

    1. The Seconding In entity shall pay to the Seconding Out employer an amount agreed, to compensate the Seconding Out Employer in part or in whole for the employment cost the Seconded Out Employer needs to continue to pay their employee. This amount will need to be ultimately negotiated directly between the two companies and may be different to the amounts agreed to within this website to take into further consideration changing variables such as each employee's leave, agreed RDO's or time of apprentices in attending school which cannot be captured by this website.
    2. The Seconding In entity warrants and will take all reasonable steps to ensure that the workplace and its operations are safe and undertakes to induct the employee to site and company safety requirements.
    3. The Seconding Out Employer will continue to meet the full costs to employ the relevant employee, including any award, enterprise agreement, statutory or other employment-related obligations and ensure that long service leave, superannuation, income protection and/or severance contribution obligations that it has with respect to the loaned employee(s), are up to date.
    4. It is agreed that the Seconding Out Employer will not charge the Seconding In entity for absences due to annual leave, agreed RDO's, sick leave and public holidays or in respect to apprentices, time attending trade school.
    5. The responsibility for all costs and liabilities to any worker for any injury or illness that occurs during the loan period and results in a WorkCover claim remains with the Seconding Out Employer. If a seperate insurance cover needs to be taken out by the Seconding Out Employer, then these costs could be recovered through the discount factor the Seconding Out Employer has the choice to use within the bidding process.
    6. It is agreed by both parties that the employees seconded will not be employed by the entity hiring in, within a six month period of this Contract terminating. If employment is offered despite this clause, then a placement fee of 25% on the current annual salary of the employee being poached will become payable by the entity breaching this clause.
    7. Where required, the Seconding In entity warrants that it is compliant with the obligations set out under the 2016 Building Code and associated guidelines.  By agreeing to second out the labour, the Seconding In entity and the Seconding Out Employer will be taken to have read and to have agreed to comply with this Code and its Guidelines.
    8. Before accepting the bid, please note that the staff being seconded in or being seconded out are being taken on for the period of time agreed upon by both parties as per the specifics of the final bid. None of the specifics of the bid agreed upon can be changed once the bid has been mutually accepted. Should these subsequently be changed by either party to the bid, then the party suffering any loss as a consequence of this change, has immediately vested a legally enforceable claim for the loss suffered and this can be contested in a court of law by the party suffering a loss. This loss can be of a financial or non-financial nature.
    9. If staff have to travel beyond the distance agreed upon, then the cost of accommodation for staff traveling to site will need to be factored in by the entity seconding in at an additional cost. This can be recovered by the entity seconding in the labour, through the Discount lever. The Discount is a way to reduce the "Total Labour Value" cost. This can be 0.00 to suggest no discount being applied or can be increased as bids are placed with the final discount dependant on market conditions for such labour between the two parties.
    10. If staff have to travel beyond the distance highlighted above, then the cost of staff having to travel to site will need to be factored in by the entity seconding in at an additional cost. This can be recovered by the entity seconding in the labour, through the Discount lever. The Discount is a way to reduce the "Total Labour Value" cost. This can be 0.00 or can be increased as bids are placed with the final discount dependant on market conditions for such labour.
    11. This agreement is subject to normal taxation rules for the provision of such services.
    12. These terms and conditions incorporate and apply despite any inconsistency elsewhere within this agreement.
    13. This arrangement is subject to and all parties agree to submit to the application of the laws of the State in which the parties reside.  In the event the parties reside in separate states, the agreement will be subject to the application of the laws of the State where the Second Out Employer resides.


Labour related fees charged by electricianXchangeR

There are two levels of fees charged by electricianXchange to Seconding out employers / Seconding out entities.

There will be an initial fee, for placing the labour secondment in or labour secondment out advertisements.

This is a fee inclusive of GST based on a percentage of the sliding scale of the total labour value and will be clearly displayed on the website before it being charged via credit card payment.

This needs to be paid by the employers placing the labour ads.

Upon the labour secondment out / labour secondment in advertisement being placed, this will be notified to other entities for bids to be placed.

Bids for the labour need, can then be placed by other entities via the web site.

Personal details of the employers and entities will not be displayed until agreement is reached.

Upon agreement being reached between two willing parties for the labour advertised, a commission as a percent of the labour cost will also need to be paid to electricianXchange via credit card before details of the other employer / entity are made available.

Before a bid is made by an employer / entity, the following information will be made available to facilitate a decision being made about whether the employer with the need should go ahead or not:

 

  1. the industry/industries the seconded labour comes from
  2. electrician type (domestic, industrial, commercial)
  3. dates the seconded labour is needed from and to
  4. the number of individual labour personnel being hired out or hired in
  5. the location of the labour by postal codes with the distance the labour is willing to travel from the geographies highlighted
  6. Grades labour falls within (with rates automatically calculated based on industry approved Grade rates)
  7. A discount factor which is the negotiating lever between the two entities as an indication of the overall price at which the labour is willing to be seconded in or out.

 

What’s important for both the employer and the entity is the fact that even though the two will not know each other while they are bidding for the staff between themselves, they can be assured that the staff they are taking on will be at an industry acceptable level through the agreement both parties enter into before bids can proceed.

Staff being seconded out or seconded in MUST always be paid whatever they were being paid before this Labour Secondment In or Labour Secondment Out arrangements eventuated. Any entity seen paying their staff at less than enterprise wage levels will be permanently barred from using the website.

The labour numbers and the discount can be negotiated and counter-negotiated multiple times at no additional cost until agreement is reached between two bidding entities.

This will be done between the employer and the entity at arms length through the web site.

Upon agreement being reached between two companies, a commission will then be charged by electricianXchange to the initiating company (Labour Secondment In or Labour Secondment Out) and a flat fee charged to the bidding company before personal details are released for the two companies to liaise with each other to second in or second out the labour at agreed variables and terms.

 


Refund Policy

We are not required to provide a refund if you change your mind.
But you can choose a refund if a menu item within the site has a major problem. This is when the item within the website:

 

  • Has a problem that would have stopped someone from buying the item if they had known about it;
  • is unsafe to use;
  • is significantly different from the description provided;
  • doesn't do what we said it would, or what you asked for and can't easily be fixed.

 

 


If the problem is not major, we will rectify the web site and provide you with a part or complete refund of the item affected and purchased by you.

To take advantage of the above, please keep a proof of your purchase - such as your invoice received.



Contact Details

If you have any queries regarding the Service provided, contact us at info@electricianxchange.com or call us on 1300 353 364. If you prefer to mail items by post please do so at 13 Waterfall Avenue, Forestville, NSW 2087.