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Recruiting Agency Contract Template for Australia

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Key Requirements PROMPT example:

Recruiting Agency Contract

"I need a Recruiting Agency Contract for my Sydney-based tech company that focuses on permanent IT placements, includes a 3-month replacement guarantee, and has strict data protection clauses for handling candidate information."

Document background
The Recruiting Agency Contract serves as the foundational legal framework for establishing and managing the business relationship between professional recruitment agencies and their client organizations in Australia. This document is essential when a company wishes to engage a recruitment agency's services for finding and placing suitable candidates in temporary or permanent positions. The contract encompasses crucial elements including service scope, fee structures, compliance with Australian employment laws, privacy regulations, and professional standards. It provides clear guidelines for the recruitment process, candidate presentations, placement guarantees, and payment terms while protecting both parties' interests. The agreement ensures compliance with key Australian legislation including the Fair Work Act 2009, Privacy Act 1988, and relevant anti-discrimination laws, making it suitable for use across all Australian jurisdictions.
Suggested Sections

1. Parties: Identifies the recruitment agency and the client company, including their legal entities and registered addresses

2. Background: Sets out the context of the agreement, including the agency's business and the client's recruitment needs

3. Definitions: Defines key terms used throughout the agreement including 'Candidate', 'Placement', 'Fees', 'Permanent Placement', 'Temporary Placement'

4. Services: Details the recruitment services to be provided by the agency, including search, screening, and candidate presentation processes

5. Fees and Payment Terms: Outlines the fee structure, payment schedules, and conditions for permanent and temporary placements

6. Agency Obligations: Sets out the agency's responsibilities including candidate screening, reference checks, and compliance with legislation

7. Client Obligations: Defines client responsibilities including information provision, confidentiality, and direct hiring restrictions

8. Warranties and Representations: Statements of assurance from both parties regarding their capacity and authority to enter the agreement

9. Confidentiality: Provisions for handling confidential information including candidate details and client information

10. Data Protection: Compliance requirements with privacy laws and data protection regulations

11. Termination: Conditions and processes for ending the agreement

12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement provisions

Optional Sections

1. Replacement Guarantee: Terms for candidate replacement if a placement fails within a specified period - used when offering replacement guarantees

2. Volume Discounts: Structure for reduced fees based on placement volume - included for clients with high recruitment volumes

3. International Placements: Additional terms for cross-border recruitment - used when international placements are offered

4. Temporary to Permanent Conversion: Terms for converting temporary staff to permanent employees - included when temporary staffing is offered

5. Service Level Agreement: Specific performance metrics and service standards - used for larger or more complex recruitment arrangements

6. Non-Solicitation: Restrictions on hiring agency staff - included when protecting against staff poaching is a concern

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all fees, including placement fees, temporary staffing rates, and additional services

2. Service Description: Detailed description of recruitment processes, methodologies, and service delivery standards

3. Replacement Guarantee Terms: Detailed terms and conditions of the replacement guarantee including exclusions

4. Data Processing Agreement: Specific terms for handling personal data in compliance with privacy laws

5. Key Performance Indicators: Metrics for measuring service delivery performance

6. Approved Client Locations: List of client locations covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Healthcare

Manufacturing

Financial Services

Mining

Construction

Retail

Education

Government

Telecommunications

Energy

Transport and Logistics

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Relevant Roles

Human Resources Director

HR Manager

Talent Acquisition Manager

Recruitment Manager

Legal Counsel

General Counsel

Procurement Manager

Operations Director

Chief Human Resources Officer

Business Unit Manager

Finance Manager

Contracts Manager

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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