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Employee Leasing Agreement for Australia

Employee Leasing Agreement Template for Australia

This document establishes a formal arrangement under Australian law between a labor hire provider and a host employer for the provision of temporary workers. It comprehensively addresses the rights, obligations, and responsibilities of all parties involved, ensuring compliance with federal and state-specific labor hire regulations, including specific licensing requirements in Queensland, Victoria, and South Australia. The agreement covers crucial aspects such as workplace health and safety, employment conditions, superannuation, insurance requirements, and relevant industrial instruments while maintaining compliance with the Fair Work Act 2009 and other applicable Australian employment legislation.

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Employee Leasing Agreement

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What is a Employee Leasing Agreement?

The Employee Leasing Agreement is designed for use in the Australian market where organizations require flexible staffing solutions while ensuring compliance with federal and state employment laws. This document is particularly relevant in situations where businesses need to engage temporary workers through a labor hire provider, whether for project-based work, seasonal demands, or ongoing operational requirements. The agreement encompasses all necessary provisions required under Australian law, including specific considerations for states with labor hire licensing schemes (QLD, VIC, SA). It addresses crucial elements such as workplace health and safety obligations, employment conditions, insurance requirements, and clear delineation of responsibilities between the labor hire provider and host employer. The document serves as a comprehensive framework for managing the tripartite relationship between the provider, client, and leased employees while ensuring protection of all parties' interests and compliance with relevant regulatory requirements.

What sections should be included in a Employee Leasing Agreement?

1. Parties: Identifies and defines the labor hire company (Provider) and the host employer (Client)

2. Background: Outlines the context of the agreement, including the Provider's business of providing staff and the Client's need for temporary workers

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules

4. Service Scope: Details the employee leasing services to be provided, including types of positions and general requirements

5. Term and Renewal: Specifies the initial term of the agreement and any renewal provisions

6. Provider Obligations: Sets out the Provider's responsibilities including recruitment, screening, employment contracts, and compliance with employment laws

7. Client Obligations: Defines the Client's responsibilities regarding workplace safety, supervision, and day-to-day management of leased employees

8. Workplace Health and Safety: Details specific WHS obligations of both parties and compliance requirements

9. Fees and Payment Terms: Specifies the fee structure, payment terms, and invoicing arrangements

10. Insurance Requirements: Outlines mandatory insurance coverage including workers compensation and public liability

11. Confidentiality and Privacy: Addresses the handling of confidential information and personal data protection

12. Intellectual Property: Governs IP rights and ownership of work produced by leased employees

13. Indemnities: Sets out mutual indemnification obligations between the parties

14. Termination: Specifies termination rights, notice periods, and consequences of termination

15. Dispute Resolution: Establishes procedures for resolving disputes between parties

16. General Provisions: Includes standard boilerplate clauses such as governing law, notices, and assignment

What sections are optional to include in a Employee Leasing Agreement?

1. State-Specific Licensing Provisions: Required when operating in states with specific labor hire licensing requirements (QLD, VIC, SA)

2. Industry-Specific Compliance: Required for specialized industries with additional regulatory requirements

3. International Personnel Provisions: Required when dealing with international workforce or visa requirements

4. Union and Enterprise Agreement Compliance: Required when leased employees are covered by enterprise agreements or strong union presence

5. Restraint of Trade: Optional provisions restricting direct hiring of leased employees

6. Performance Metrics and KPIs: Optional section defining service level agreements and performance measures

7. Technology and Systems Access: Required when leased employees need access to Client's IT systems or specialized equipment

What schedules should be included in a Employee Leasing Agreement?

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

2. Schedule 2 - Position Descriptions: Templates or specific role descriptions for leased employees

3. Schedule 3 - Service Levels: Detailed service level requirements and performance metrics

4. Schedule 4 - Insurance Requirements: Specific insurance requirements and minimum coverage levels

5. Schedule 5 - Workplace Policies: Key workplace policies applicable to leased employees

6. Appendix A - Standard Operating Procedures: Procedures for requesting staff, onboarding, and ongoing management

7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance obligations

8. Appendix C - Incident Reporting Procedures: Procedures for reporting and handling workplace incidents

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Service Agreement

Sector

Cost

Free to use
Relevant legal definitions













































Clauses






























Relevant Industries

Construction

Manufacturing

Mining

Healthcare

Information Technology

Hospitality

Agriculture

Retail

Logistics

Professional Services

Education

Financial Services

Relevant Teams

Human Resources

Legal

Operations

Procurement

Risk and Compliance

Industrial Relations

Workforce Planning

Project Management

Finance

Administration

Relevant Roles

HR Manager

Legal Counsel

Operations Manager

Procurement Manager

Workforce Planning Manager

Risk and Compliance Manager

Project Manager

Site Supervisor

Industrial Relations Manager

Chief Human Resources Officer

General Counsel

Chief Operating Officer

Recruitment Manager

Contract Administrator

Industries










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

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