Opus Recruitment Solutions

Level 29, Chifley Tower

2 Chifley Square
Sydney, NSW 2000
Australia

+61 (0)292 384 283

info@opusrs.com
www.opusrs.com

Terms and Conditions for the Introduction of Candidates

1 Incorporation
Opus Recruitment Solutions - Australia Pty Limited (ACN: 601349464) whose registered office is at Level 29, Chifley
Tower, 2 Chifley Square, Sydney, NSW 2000, Australia (Opus) is engaged in the Introduction (defined below) of Candidates
(defined below).
Opus has agreed to Introduce Candidate(s) to the Client subject to the terms and conditions set out in this Agreement
(defined below).
This Agreement constitutes the contract between Opus and the Client for the Introduction of Candidates by Opus to the
Client and the terms contained in this Agreement are deemed to be accepted by the Client by virtue of its request for,
interview with, Introduction to, or Engagement (as defined below) of, the Candidate or the passing of any information
about the Candidate to any third party following an Introduction.
The Client agrees that this Agreement applies to the passing of any information by Opus to the Client or Introduction by
Opus of Candidates to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are
implied by trade, custom, practice or course of dealing.

2 Interpretation

2.1 In this Agreement, unless the context otherwise requires:

2.1.1 any reference to any legislation or legislative provision shall be construed as a reference to that
legislation or provision as amended, re-enacted or extended at the relevant time;
2.1.2 any reference to a person shall be construed as a reference to any person, corporate entity,
government, state or agency of a state or any association or partnership (whether or not having
separate legal personality) or one or more of the foregoing;
2.1.3 any phrase introduced by the terms include, including, particularly or in particular or any similar
expression shall be construed as illustrative and shall not limit the sense of the words preceding
those terms;
2.1.4 references to any party to this Agreement include its successors-in-title and permitted assignees;
and
2.1.5 any reference to written or writing includes faxes and email.

3 Services
3.1 Subject to the Client complying with its obligations set out in clause 4.1 below, Opus shall search for
Candidates on behalf of the Client who meet the Client's minimum qualifications and other criteria for
the Actual Vacancy as notified by the Client to Opus.
3.2 Prior to Introducing Candidates to the Client Opus shall, without prejudice to its obligations under the
Conduct of Employment Agencies Regulations, use its reasonable endeavours to:
3.2.1 identify the Candidate and confirm that the Candidate is willing to be Engaged by the Client;
3.2.2 Introduce Candidates who meet the minimum requirements for the Actual Vacancy as notified by
the Client; and

Opus Recruitment Solutions – Australia Pty Ltd.

Registered in Australia: ACN 601349464. Registered Office: Level 29 Chifley Tower, Chifley Square, Sydney, NSW 2000, Australi a.
 Opus Recruitment Solutions
Level 29, Chifley Tower
2 Chifley Square
Sydney, NSW 2000
Australia

+61 (0)292 384 283

info@opusrs.com
www.opusrs.com

3.2.3 obtain referee details and details of any relevant professional qualifications or authorisations which
the Candidate holds from the Candidate, which the Client reasonably considers are necessary or
which are required by law.
3.3 If the Client instructs Opus to find a Candidate for an Actual Vacancy the Client will not appoint another
employment agency or employment business to find a Candidate for that Actual Vacancy for a period of
ten days from and including the instruction to Opus or for such other period as the parties agree in
writing.
3.4 Opus may contact the Client by telephone or e-mail if Opus believes it has a Candidate who would be of
interest to the Client (Speculative Application). If Opus Introduces a Candidate to the Client for a
position which is an Actual Vacancy and the Client Engages the Candidate to a different position, or a
Group Company of the Client Engages the Candidate, or a third party Engages the Candidate as a result
of information provided by Opus to the Client in making the Introduction, the Client shall pay the Fees
as a Speculative Application in accordance with clause 5 below.

4 Obligations of the Client

4.1 When making a request for the provision of a Candidate, in order to assist Opus to find suitable
Candidates the Client shall first provide Opus with the following information in respect of the Actual
Vacancy:
4.1.1 its full corporate name, address and registered number or, where not applicable, its full business
and trading name, and the nature of its business;
4.1.2 the nature of the Actual Vacancy and the services to be provided by the relevant Candidate,
including the type of work involved, the location, the hours of work, the commencement date, and
the likely duration;
4.1.3 the experience, training, qualifications and any authorisation which the Client considers are
necessary or relevant, or which are required by law, or by any professional body required by the
Candidate in order to work in the Actual Vacancy;

4.1.4 any expenses payable by or to the Candidate;

4.1.5 the Candidate's rate of remuneration and any other benefits which the Client will offer to the
Candidate in the position which it seeks to fill and the intervals at which the Candidate will be paid;
and
4.1.6 the terms of contract and the length of notice which a Candidate in such a position would be
required to give, and entitled to receive, to terminate the Engagement or employment with the
Client.
4.2 Prior to Engaging the Candidate the Client shall interview the Candidate and shall ensure that the
Candidate possesses the skills and experience which the Client considers are necessary and/or relevant
for the Actual Vacancy and the nature of the Client's organisation. The Client acknowledges that it is
solely responsible for its decision to Engage the Candidate and that the interview is the Client's
opportunity to ensure that the Candidate is suitable for the Actual Vacancy. Opus shall have no liability
to the Client for any Candidate which, following Engagement by the Client or a third party, is deemed to
be unsuitable for the Actual Vacancy or for the Client's organisation, other than as set out in clause 5.9
below.
4.3 The Client shall notify Opus immediately on Engaging the Candidate or accepting the Candidate for the
Actual Vacancy or otherwise Engaging or making use of a Candidate Introduced by Opus in any capacity,

Opus Recruitment Solutions – Australia Pty Ltd.

Registered in Australia: ACN 601349464. Registered Office: Level 29 Chifley Tower, Chifley Square, Sydney, NSW 2000, Australi a.
 Opus Recruitment Solutions
Level 29, Chifley Tower
2 Chifley Square
Sydney, NSW 2000
Australia

+61 (0)292 384 283

info@opusrs.com
www.opusrs.com

within seven (7) days of the Engagement and shall pay the Fees in respect of such Candidate in
accordance with clause 5 below.

5 Fees
5.1 The Client shall pay Opus the Fees in respect of each Candidate Engaged by it in accordance with the
rates set out in Schedule 1 and the terms set out in this clause 5.
5.2 The Client shall under no circumstances make payments of the Candidate's Salary or other
remuneration directly to Opus.
5.3 The Client will pay Opus the Introduction Fee within 14 days of receiving an invoice, if:
5.3.1 following the Introduction of a Candidate which does not result in the Client Engaging the
Candidate through Opus, the Client Engages the Candidate within twelve (12) months of the
Introduction;
5.3.2 following the Introduction of a Candidate by Opus to the Client, the Client introduces the Candidate
to a third party (including any Group Company of the Client), and then that third party Engages the
Candidate within twelve (12) months of the Introduction;
5.3.3 following the Introduction of a Candidate, the Client fails to inform Opus of their Engagement. The
Introduction Fee charged will be at the full rate as outlined in Schedule 1, irrespective of any
discounted Fee that may have been previously agreed;
5.3.4 following the Introduction of the Candidate, the Client takes on the Candidate in any other capacity
(temporary / fixed term contract) other than a permanent position, unless a temporary / fixed term
Fee is otherwise agreed.
5.4 If the Client Engages the Candidate for a fixed term of six (6) months or less and, following expiry of the
fixed term the Client wishes to Engage the Candidate for a further fixed term (whether for the same, or
any other vacancy within the Client's business) (the Extended Period) the Client shall notify Opus no
later than seven (7) days prior to the new Engagement commencing and shall pay the Introduction Fee
in respect of the Extended Period. The Introduction Fee will not be payable in these circumstances, if
the Client gives written notice to Opus that it intends to hire the Candidate through Opus for the
Extended Period provided that the Client signs Opus's Terms and Conditions for the Introduction and
Supply of Temporary Workers in respect of the Candidate within seven (7) days of receipt of such from
Opus.
5.5 All Fees and expenses payable under this Agreement are:
5.5.1 payable within 14 (fourteen) days from the date of Engagement or within 14 (fourteen) days from
the date of invoice (whichever is sooner);
5.5.2 exclusive of GST which shall be payable by the Client in addition to such Fees.
5.6 If the Client defaults in the payment when due of any sum payable under this Agreement its payment in
default shall be increased to include interest on such sum from the date when such payment was due
until the date of actual payment in cleared funds at a rate of 8% (eight per cent) above the base rate
from time to time of Reserve Bank of Australia is received, together with the value of any legal fees
incurred by Opus in recovering the outstanding amount. Interest shall accrue on outstanding Fees from
the first day on which the Fees become overdue and shall continue to accrue day to day and be
compounded annually until Opus receives the full amount in cleared funds.

Opus Recruitment Solutions – Australia Pty Ltd.

Registered in Australia: ACN 601349464. Registered Office: Level 29 Chifley Tower, Chifley Square, Sydney, NSW 2000, Australi a.
 Opus Recruitment Solutions
Level 29, Chifley Tower
2 Chifley Square
Sydney, NSW 2000
Australia

+61 (0)292 384 283

info@opusrs.com
www.opusrs.com

5.7 Without prejudice to its right to charge interest under clause 5.6 above or any other remedies available
to Opus under this Agreement, if any Fees or Introduction Fees due under this Agreement are
outstanding after the due date for payment, Opus may at its sole discretion, cancel, and not be obliged
to honour, any previously agreed discounts to its Fees and the Client shall pay Opus's Fees at the
standard rates set out in Schedule 1 in respect of each Candidate together with any interest and legal
fees which has become due in accordance with clause 5.6 above.
5.8 All payments under this Agreement shall be made by the Client in full without any discount, deduction,
set-off or counterclaim whatsoever save as is required by law.
5.9 If the Client can demonstrate, within eight (8) weeks of the start of the Engagement, to Opus's
reasonable satisfaction that a particular Candidate Introduced by Opus is unsuitable or unsatisfactory
for carrying out the work for which he/she was supplied or is guilty of any misconduct in the course of
his/her Engagement, the Client should notify Opus immediately by contacting Craig Harman on 0061
0292384270 or craig.harman@opusrs.com.
5.10 If the Client terminates the Engagement in accordance with clause 5.9 above within eight (8) weeks of
the start of the Engagement the Client will be entitled to receive a rebate of the Fees paid by the Client
in respect of the Candidate providing that the Client has:
5.10.1 complied with the terms of this Agreement at all times, including without limitation, payment of all
Fees in full on the dates on which they are due;

5.10.2 notified Opus of the termination of the Engagement within seven (7) days of such termination.
5.11 The rebate payable to the Client by Opus shall be as follows:
5.11.1 100% of the Opus Fee if termination takes place within seven days of the start of the Engagement;
or
5.11.2 an amount equal to the Opus Fee (less any discount agreed with the Client) less 12.5% of the Opus
Fee (less any discount agreed with the Client) for every week that the Engagement has been in
force from the start of the Engagement until termination up to eight (8) weeks for the avoidance of
doubt, no rebate shall be payable by Opus if the Engagement is terminated more than eight weeks
after the start of the Engagement.
5.12 The Client shall not directly or indirectly, without prior written consent of Opus engage or hire one of its
employees within six (6) months of engaging that employee to source candidates for permanent /
temporary positions. Should such an engagement occur, Opus will charge an Introduction Fee based on
the higher of either the employee’s basic salary whilst employed at Opus or that paid to the employee
by the Client.
5.13 The Client shall not directly or indirectly, without prior written consent of Opus engage or hire an
employee of Opus (or Group Company) within six (6) months of engaging Opus to source candidates for
permanent / temporary positions. Should such an engagement occur, Opus will charge an Introduction
Fee based on the higher of either the employee’s basic salary whilst employed at Opus or that paid to
the employee by the Client

6 Confidential Information
6.1 Each party shall safeguard and keep confidential the terms of this Agreement and any and all
confidential information that it may acquire in relation to the business, affairs customers or suppliers of
the other party and any Group Company of such party including, without limitation, this Agreement
(and the negotiations leading to them) and any other information of whatever kind (whether
commercial, technical, financial, operational or otherwise, whether communicated verbally, in writing

Opus Recruitment Solutions – Australia Pty Ltd.

Registered in Australia: ACN 601349464. Registered Office: Level 29 Chifley Tower, Chifley Square, Sydney, NSW 2000, Australi a.
 Opus Recruitment Solutions
Level 29, Chifley Tower
2 Chifley Square
Sydney, NSW 2000
Australia

+61 (0)292 384 283

info@opusrs.com
www.opusrs.com

or in any other form and whether or not expressly stated to be confidential). In the case of Opus
confidential information includes information relating to the Candidate. Neither party shall use or
disclose the other party's confidential information except to the extent that such use or disclosure is
necessary for the purposes of performing its obligations or exercising its rights under this Agreement.
Each party shall ensure that its officers and employees and any other persons to whom the confidential
information is disclosed comply with the provisions of this clause 6.
6.2 The obligations on a party set out in clause 6 shall not apply to any information to the extent that such
information: 6.2.1 is publicly available or becomes publicly available through no act or omission of that
party;
6.2.2 is required to be disclosed by law or by order of a court of competent jurisdiction or other
competent authority.
6.3 The provisions of this clause 6 shall survive any termination of this Agreement.

7 Liability
7.1 Opus shall not be liable to the Client (whether arising by reason of any negligence by Opus or any of its
employees or agents, any non-fraudulent misrepresentation, any breach of contract, any breach of
statutory duty or otherwise) for any:
7.1.1 loss of profits; or
7.1.2 loss of business opportunities; or
7.1.3 loss of contracts; or
7.1.4 damage to reputation; or
7.1.5 claim, action or demand made against the Client by any third party; or
7.1.6 indirect loss, damage, cost, expense or claim whatsoever; which arises out of or in connection with
the Introduction or supply by Opus to the Client of a Candidate and/or the acts or omissions of a
Candidate.
7.2 The aggregate liability (inclusive of interest and legal and other costs) of Opus to the Client in respect of
all claims, actions or demands under or in connection with this Agreement (whether arising by reason of
any negligence by Opus or any of its employees or agents, any non-fraudulent misrepresentation, any
breach or contract, any breach of statutory duty or otherwise) shall not exceed an amount equal to the
total Fees actually received by Opus under this Agreement.
7.3 The Client will indemnify Opus and hold it harmless from all costs, expenses (including, but not limited
to, legal and other professional fees and expenses), loss, damages and other liabilities suffered or
incurred by Opus in respect of any claims, actions or demands which are brought or made against Opus
(whether by a Candidate or a third party) and arise out of or in connection with the use by the Client of
any Candidate and/or any acts or omissions by any Candidate during an Assignment, or any breach of
this Agreement by the Client (including, but not limited to nonpayment of Fees or Introduction Fees)
save to the extent that any such costs, expenses, loss, damages or other liabilities are caused or
contributed to by any negligence of Opus or any of its employees or agents, any breach of this
Agreement by Opus or any breach of statutory duty by Opus.

Opus Recruitment Solutions – Australia Pty Ltd.

Registered in Australia: ACN 601349464. Registered Office: Level 29 Chifley Tower, Chifley Square, Sydney, NSW 2000, Australi a.
 Opus Recruitment Solutions
Level 29, Chifley Tower
2 Chifley Square
Sydney, NSW 2000
Australia

+61 (0)292 384 283

info@opusrs.com
www.opusrs.com

7.4 Nothing in this Agreement shall operate to limit or exclude the liability of Opus to the Client for any
death or personal injury caused by the negligence of Opus or any of its employees or agents, or for any
other matter in respect of which liability cannot lawfully be limited or excluded.

8 Data Protection
8.1 The Client acknowledges that in respect of the personal information (Information) of Candidates
provided to it by Opus in the context of an Introduction the Client shall only process such Information to
the extent required for the purposes of considering whether to accept or accepting the Candidate and
shall:
8.1.1 comply with all reasonable requests of Opus in respect of the Information;
8.1.2 not disclose such Information to any third parties without Opus’s consent;
8.1.3 not have any rights of ownership over any Information and all Information shall remain at all times
the property of Opus; and
8.1.4 comply at all times with its obligations under Australian laws governing data protection in respect
of such Information.

9 Exclusion of Third Party Rights

9.1 Unless expressly stated in this Agreement, nothing in this Agreement shall confer any rights on any
person to a third party.

10 Assignment
10.1 The Client shall not be entitled to assign, sub-contract or otherwise dispose of any of its rights or
obligations under this Agreement without the prior written consent of Opus.
10.2 Opus may assign or sub-contract its rights and obligations under this Agreement at any time without the
consent of the Client.

11 Variation
11.1 No variation to this Agreement shall be effective unless made in writing and signed by authorised
representatives of both parties.

12 Law and Jurisdiction

12.1 This Agreement and any dispute or claim, including a dispute or claim of a non-contractual nature,
arising under or in connection with this Agreement shall be governed by and construed in accordance
with the laws of Australia and
any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of
the courts of Australia, to which each of the parties irrevocably submits.
13 Definitions
13.1 The definitions and rules of interpretation in this clause apply in this Agreement.

Actual Vacancy the Client's vacant positions

Agreement these terms and conditions

Opus Recruitment Solutions – Australia Pty Ltd.

Registered in Australia: ACN 601349464. Registered Office: Level 29 Chifley Tower, Chifley Square, Sydney, NSW 2000, Australi a.
 Opus Recruitment Solutions
Level 29, Chifley Tower
2 Chifley Square
Sydney, NSW 2000
Australia

+61 (0)292 384 283

info@opusrs.com
www.opusrs.com

Candidate an individual Candidate supplied for Engagement by, or Introduced

by Opus

Client the company or individual receiving the information in respect of

the Candidate and/or receiving the Introduction and/or Engaging the
Candidate

Engage or Engagement shall include any engagement, appointment, employment or use by the
Client of a Candidate on a permanent or temporary basis, either
directly or through a limited company or other corporate entity of
which the Candidate is an officer or employee, and whether
under a contract of service or for services or otherwise and
whether the relevant engagement, appointment, employment or
use of the Candidate is directly by the Client, a Group Company of
the Client or other third party to whom the Client has passed
information received in the Introduction, or which occurs
pursuant to the supply of information identifying the Candidate
by another employment business or employment agency after
the Introduction by Opus

Fees the fees set out in Schedule 1 calculated as a percentage of the relevant Candidate's Salary
payable by the Client to Opus in respect of each Candidate in
accordance with clause 5 and any other costs and expenses
agreed by the parties, subject to any discounts expressly agreed
by Opus in writing

Group Company a parent undertaking or subsidiary undertaking of the Client or any

subsidiary undertaking of a parent undertaking of the Client

Introduce or Introduction or means the provision to the Client of information by Opus (whether
Introduced orally or in writing or electronically) which identifies the Candidate and which leads to
the Client or a third party Engaging the Candidate directly or
through Opus or through another employment agency or
employment business where Opus has Introduced the Candidate
to the Client before such other employment agency or
employment business or where Opus Represents the Candidate

Introduction Fee shall be Opus's standard fee as more particularly described in

Schedule 1 payable by the Client following the Engagement of the
Candidate, whether by the Client or a third party, in the situations
set out in clauses 5.3.1 to 5.3.4
Represented or Represent or means that the Candidate has appointed Opus as its representative
Representing in all matters pertaining to finding the Candidate employment or an
Engagement

Opus Recruitment Solutions – Australia Pty Ltd.

Registered in Australia: ACN 601349464. Registered Office: Level 29 Chifley Tower, Chifley Square, Sydney, NSW 2000, Australi a.
 Opus Recruitment Solutions
Level 29, Chifley Tower
2 Chifley Square
Sydney, NSW 2000
Australia

+61 (0)292 384 283

info@opusrs.com
www.opusrs.com

Salary a) Subject to the following paragraphs Salary means the total

gross annual remuneration package of the relevant
Candidate, including profit sharing, all guaranteed bonuses
and other financial benefits provided such as car
allowance, cars and/or bonuses. The value of any car
provided shall be deemed to be Australian $12,000 (twelve
thousand dollars).
b) Where any element of the package is not guaranteed
(including cases where the Candidate is remunerated
partly or wholly by profit share), there shall be deemed to
be added to the remuneration package 75% (seventy five
per cent) of the expected gross bonus and/or profit share
quoted to the Candidate.

c) Alternatively Opus may choose to treat as the Candidates

Speculative Application
salary the gross sums earned by the Candidate in the last
twelve (12) months of their previous engagement or in the
last tax year of such employment, whichever is the higher.
Where this ‘salary’ was earned in a temporary position,
the annualised equivalent will be calculated as forty (40)
times the last daily rate or three hundred (300) times the
last hourly rate received. Where a car was provided, a sum
of Australian $12,000 (twelve thousand dollars) will be
treated as included in the remuneration package.
d) Opus may in its sole discretion elect to be paid
immediately in accordance with paragraph (c) above but
retain the right to be paid the difference if any, between
the Fees due on this basis and the Fees due on the salary
in accordance with paragraph (a) at the end of the
Candidate’s first year of employment.
shall be as defined in clause 3.4

Signed by on behalf of Opus

Recruitment Solutions - Australia Pty Limited

Signed by duly authorised

representative on behalf of

Date:

Schedule 1
Fees

Opus Recruitment Solutions – Australia Pty Ltd.

Registered in Australia: ACN 601349464. Registered Office: Level 29 Chifley Tower, Chifley Square, Sydney, NSW 2000, Australi a.
 Opus Recruitment Solutions
Level 29, Chifley Tower
2 Chifley Square
Sydney, NSW 2000
Australia

+61 (0)292 384 283

info@opusrs.com
www.opusrs.com

Opus's Standard Fee Candidate's Salary

Flat Fee of $12,000 Up to $59,999

25% $60,000 to $99,999

30% $100,000 to $149,999

35% $150,000 and above

Opus's standard Fee is calculated as a percentage (in accordance with the table above) of each Candidate's Salary unless
Opus has expressly agreed a discount of its standard fee in writing with the Client. Any discount agreed by Opus is subject
to payment of all Fees on the due date for payment as stated in this Agreement or otherwise agreed by Opus in writing.
All fees for Introductions that lead to a fixed-term contract of 6 months or more duration will be calculated using an
annual equivalent basis for the salary.

Executive Search and Advertised Selection

All other terms in this Agreement are to be read as referring to and applying to the situations referred to in this section:

Executive search and selection is when Opus is exclusively engaged to locate one or more Candidates to fulfil a particular
role or roles with the Client, Opus doing so by whatever means it considers appropriate but which will usually involve the
direct approach to potential Candidates and and/or advertised selection will usually involve the advertising for potential
Candidates in such media as Opus considers appropriate.

The fee for executive search and selection is calculated as a percentage of the total annual commencing remuneration
offered to the Candidate in accordance with the table above.

The fee is payable in the following ways unless an alternative payment schedule is agreed in writing between Opus and
the Client prior to the work of Opus commencing:

Opus Recruitment Solutions – Australia Pty Ltd.

Registered in Australia: ACN 601349464. Registered Office: Level 29 Chifley Tower, Chifley Square, Sydney, NSW 2000, Australi a.
 Opus Recruitment Solutions
Level 29, Chifley Tower
2 Chifley Square
Sydney, NSW 2000
Australia

+61 (0)292 384 283

info@opusrs.com
www.opusrs.com

 One third of the anticipated fee is chargeable and payable on the Client giving instruction to Opus to act on their
behalf
 One third of the anticipated fee is chargeable and payable on Opus providing the Client with a shortlist of
Candidates for interview
 The balance of the fee is chargeable and payable on the date on which the Candidate accepts the offer of
employment or the offer of any other relationship in these terms with the Client (including but limited to the
provision of interim/fixed term assignments).

Opus Recruitment Solutions – Australia Pty Ltd.

Registered in Australia: ACN 601349464. Registered Office: Level 29 Chifley Tower, Chifley Square, Sydney, NSW 2000, Australi a.