Terms and Condition of Business

1 These Terms and Conditions of Business are between Martin Walsh Group Pty Ltd (hereinafter called MWG) and the Client or Organisation engaging the services of Martin Walsh Group Pty Ltd (hereinafter called the Client) and are deemed to be accepted by the Client by virtue of an interview or the placement (which term includes employment or use, whether under a contract or service or for services, or under an agency, licensee, franchise or partnership agreement) of an candidate introduced by MWG.

2 The fee payable to MWG by the Client for the introduction of a candidate is calculated as 22% on the gross remuneration which the candidate is entitled to earn during the first 12 months of their engagement by the Client, subject to a minimum fee of $5,000. Remuneration includes all salary, payments, car allowances, superannuation and other taxable emoluments payable to or receivable by the candidate for services rendered to or on behalf of the Client. A supplied Company vehicle will be calculated as the equivalent of $15,000 in the remuneration package. GST will be charged in addition to the fee.

Upon engaging the services of MWG to source candidates for a Clients requirement a non-refundable engagement fee as set out below is due and payable by the Client. Any engagement fee payed to MWG will be credited to the final invoice upon successful placement of a candidate.

  • Total Fixed Remuneration
  • $0 - $99,999
  • More than $100,000
  • MWG Engagement Fee
  • $2,500 + GST
  • $5,000 + GST

The Client agrees: a) to notify MWG immediately when an offer of employment is made or accepted by the candidate;
b) to pay the fee of MWG, within 7 days of the date of invoice;
c) that any costs incurred arising from or as a result of MWG recovering monies or debtors owed to MWG will be reimbursed to MWG by the Client.

3 Should the relevant employment terminate before the expiry of 12 weeks, a credit note, which is valid for 12 months against subsequent permanent placements will be issued by MWG against the fee (save where as a result of the candidate being made redundant by the Client), schedule as follows;

  • Termination
  • within 4 weeks of commencement
  • between Week 5 and Week 8 inclusively
  • between week 9 and week 12 inclusively
  • % Credit
  • 100%
  • 50%
  • 25%

This guarantee applies provided that the Client notifies MWG in writing within 7 days of the termination of employment and has paid the MWG fee within due date of the invoice.

Should the Client or any subsidiary or associated company of the Client subsequently engage or re-engage a candidate within the period of 12 calendar months from the date of the candidate being presented by MWG, a full fee in accordance with Paragraph 2 becomes payable.

If, after the offer of employment has been accepted by the candidate, the Client decides for any reason not to proceed with the appointment prior to the candidate commencing employment, the Client is liable to pay MWG the fee indicated in Paragraph 2.

4 Contractor Employment - Should the candidate be engaged on a Contract basis, the fee payable and employment conditions will be set out on a separate Contractor schedule to be signed and agreed by the Client. If the contract ceases, (contractor resigns, finishes the assignment or is terminated) the Client is liable for payment up to and including the final hour of work as submitted by the Contractors time sheet. A guarantee period does not apply to contractor employment, but a replacement candidate will be sought should the Client require one. The Client is aware that MWG uses a 3rd party provider for payroll and insurance cover for its Contractor services and understands that it will be required to enter into an agreement with and receive invoices and correspondence from a 3rd party in line with the agreed schedule relating to the specific employment of MWG Contractors. If the Client engages the Contractor on a full time basis within a period, up to and including 12 months past the end of the contractor schedule, then a fee in line with paragraph 2 of this document is payable to MWG.

5 Introductions are confidential. The passing on of an introduction to another entity or organisation which results in an engagement renders the Client liable to payment of MWG fees as set out in Paragraph 2. A fee is also payable by the Client in relation to any candidate engaged as a consequence of or resulting from an introduction by or through MWG, even though the introduction may be made indirectly. The term candidate refers to the person introduced by MWG to the Client, including any member of MWG own staff.

6 MWG endeavours to ensure the suitability of any candidate introduced to the Client however, the Client warrants that it has satisfied themselves as to the suitability of any candidate before engaging the candidate in any form of employment. The Client indemnifies MWG from any and all claims arising as a result of engaging any candidate through MWG. The Client is responsible for obtaining work and other permits as necessary to engage the candidate, as well as the arrangement of any medical examinations and/or investigations of any candidate to satisfy any medical and other requirements or qualifications required by law.

7 MWG shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client arising from or in any way connected with MWG seeking a candidate for the Client or the introduction by MWG to the Client of any candidate or the engagement of any candidate by the Client.