In summary the key terms are as follows:

[Clauses 4.1 and 4.2] A minimum 4-hour charge applies for each worker per day or shift, even where the worker works less than 4 hours.

[Clauses 7.2 to 7.6] Invoices are generally payable within 7 days, or 14 days for container unloading services. The client cannot withhold payment by way of set-off, counterclaim, deduction or retention. Any invoice dispute must be raised within 3 business days, and any undisputed amount must still be paid by the due date.

[Clauses 8.1 to 8.3] If payment is late, Orgen may charge interest, recover legal and debt recovery costs, suspend services, withdraw credit, require payment in advance, terminate the agreement and enforce any available security.

[Clauses 10.1 and 10.2] A 4-hour minimum charge also applies where a shift is cancelled with less than 24 hours’ notice or where a worker attends site and is sent home.

[Clauses 12.1 to 12.4] The client is responsible for the day-to-day supervision, direction and control of workers while on site. The client must not materially change a worker’s duties without Orgen’s prior written consent.

[Clauses 15.1 to 17.3] The client has significant occupational health and safety obligations, including providing a safe workplace, safe systems of work, induction, PPE, training, supervision, safe equipment, site access and incident reporting.

[Clauses 22.1 to 23.3] The client is restricted from directly employing or engaging Orgen workers or candidates for 6 months, unless Orgen consents or the applicable conversion/recruitment fee is paid.

[Clauses 29.1 to 30.1] Orgen’s liability is limited, and the client provides broad indemnities in favour of Orgen, including in relation to underpayments, employment claims, safety incidents, property damage, worker conduct, third-party claims and debt recovery costs.

[Clauses 31.1 to 34.1] The terms include strong default and security rights in favour of Orgen, including PPSR security, charges over real property, caveat rights and personal guarantees where requested.

[Clauses 35.1 to 37.2] Either party may terminate on 14 days’ written notice, but Orgen may terminate immediately for non-payment, default, OHS breaches, insolvency or where continued supply is unsafe, unlawful or commercially unacceptable.

We ask that you please review the Terms and Conditions and let us know whether you require any amendments or whether you are otherwise comfortable for the document to be used in its current form.