Employment Agency Contract Template for Australia

Employment Agency Contract Template for Australia

Create a bespoke document in minutes, or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Employment Agency Contract

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Employment Agency Contract

"I need an Employment Agency Contract for my technology company based in Sydney, with specific provisions for international candidate placements and a focus on technical roles in software development, starting from March 2025."

What is a Employment Agency Contract?

The Employment Agency Contract serves as a crucial legal framework for establishing professional relationships between recruitment agencies and businesses seeking hiring assistance in Australia. This document is essential when a company wishes to engage a recruitment agency's services for temporary or permanent staff placement, executive search, or specialized recruitment services. The contract encompasses key elements including service scope, fee structures, legal obligations, and compliance with Australian federal and state employment laws, privacy regulations, and industry standards. It provides protection for all parties involved while ensuring transparency in recruitment processes and commercial terms. The agreement is particularly important in the Australian context where specific state-based employment agent legislation must be considered alongside federal employment laws.

What sections should be included in a Employment Agency Contract?

1. Parties: Identifies and provides full legal details of the employment agency and the client company

2. Background: Outlines the context of the agreement, including the agency's services and the client's requirements

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Services: Detailed description of recruitment and placement services provided by the agency

5. Terms of Engagement: Outlines the process for candidate selection, presentation, and placement

6. Fees and Payment Terms: Details of fee structure, payment schedule, and related financial terms

7. Warranties and Representations: Commitments and guarantees made by both parties regarding their capabilities and obligations

8. Confidentiality: Provisions for protecting confidential information shared during the recruitment process

9. Data Protection and Privacy: Compliance requirements with privacy laws and data handling procedures

10. Non-Solicitation: Restrictions on directly hiring agency staff or placed candidates

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Term and Termination: Duration of agreement and conditions for termination

13. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution

What sections are optional to include in a Employment Agency Contract?

1. Temporary Staff Provisions: Specific terms for temporary staff placements, including supervision and workplace safety

2. International Recruitment: Additional terms for cross-border recruitment services and visa requirements

3. Volume Hiring Terms: Special provisions for bulk recruitment campaigns or high-volume hiring

4. Retained Search Services: Specific terms for exclusive executive search arrangements

5. Outplacement Services: Terms for providing career transition support services

6. Testing and Assessment: Provisions for conducting pre-employment assessments and testing

7. Background Checking: Terms for conducting pre-employment screening and verification

What schedules should be included in a Employment Agency Contract?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment structures

2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards

3. Schedule 3 - Placement Guarantee Terms: Conditions and terms of replacement guarantee for failed placements

4. Schedule 4 - Required Candidate Qualifications: Standard minimum requirements for candidates by position type

5. Appendix A - Standard Forms: Templates for job orders, candidate presentations, and placement confirmations

6. Appendix B - Privacy Policy: Detailed data protection and privacy procedures

7. Appendix C - Compliance Checklist: Regulatory compliance requirements and verification procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Professional Services

Technology

Manufacturing

Healthcare

Financial Services

Retail

Construction

Mining

Education

Hospitality

Telecommunications

Transport and Logistics

Government and Public Sector

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Procurement

Finance

Operations

Compliance

Risk Management

Executive Leadership

Relevant Roles

Human Resources Director

Talent Acquisition Manager

Procurement Manager

Legal Counsel

Chief Human Resources Officer

Recruitment Manager

Operations Director

Business Unit Manager

Finance Director

Compliance Officer

Risk Manager

Chief Executive Officer

Industries
Fair Work Act 2009 (Cth): Federal legislation governing workplace relations, including minimum employment standards, enterprise bargaining, and unfair dismissal provisions that employment agencies must comply with.
Privacy Act 1988 (Cth): Regulates how employment agencies must collect, store, use and disclose personal information of candidates and clients.
Competition and Consumer Act 2010 (Cth): Includes Australian Consumer Law provisions affecting business operations, contracts, and fair trading practices.
Work Health and Safety Act 2011 (Cth): Outlines obligations for ensuring workplace health and safety, including responsibilities of employment agencies towards placed workers.
Anti-Discrimination Act (State-specific): State-based legislation prohibiting discrimination in employment and recruitment practices.
Private Employment Agents Act (State-specific): State-specific legislation regulating the operation of private employment agencies, including licensing requirements and operational standards.
Independent Contractors Act 2006 (Cth): Relevant for employment agencies dealing with independent contractors and understanding the distinction between contractors and employees.
Workplace Gender Equality Act 2012 (Cth): Promotes equality for both genders in the workplace, affecting recruitment and placement practices.
Modern Slavery Act 2018 (Cth): Requires larger organizations to report on risks of modern slavery in their operations and supply chains, including labor hire practices.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

No items found.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.