Terms of Use

This Labour Hire Services Agreement (“Agreement”) is between Workforce Technologies Pty Ltd t/a MyGig ACN 673 219 737 (“MyGig,” “we,” “us,” or “our”) and the client (“Client,” “you,” or “your”) who engages MyGig to provide labour hire services. By activating your MyGig account and submitting a New Request, you agree to be bound by the terms of this Agreement.

1. Definitions

• “Services”: The provision of Workers by MyGig to the Client as specified in a New Request or Shift.

• “New Request / New Shift”: A request submitted by the Client detailing the requirements for Workers, including Position description, Location, duration, and any specific qualifications.

• “Position”: The specific work or duties assigned to a Worker as outlined in the New Request or Shift, including the applicable Award, Classification, and pay rates. By default, MyGig pays Workers in accordance with the relevant Award rates.

• “Location”: The physical address or site where the Worker will perform their duties as specified by the Client in the New Request.

• “Worker”: An individual supplied by MyGig to perform work for the Client under the Client’s direction and supervision. Workers are casual employees of Workforce Technologies Pty Ltd t/a MyGig, which acts as the Employer of Record.

2. Engagement of Services

2.1 New Requests / New Shifts

Once a Client’s MyGig account is activated, the Client may submit New Requests or Shifts through our platform. These requests must include detailed information about the Position, Location, required qualifications, and any other relevant details.

2.2 Matching and Securing Shifts

Workers are matched to New Requests based on their qualifications, availability, and preferences. Once matched, Workers can review and secure the Shift(s) via the MyGig platform.

3. Provision of Workers

3.1 Selection and Supply

MyGig will ensure Workers meet the qualifications and experience specified in the New Request or Shift.

3.2 Employment Status

Workers supplied to the Client are casual employees of Workforce Technologies Pty Ltd t/a MyGig, which acts as the Employer of Record. MyGig is responsible for managing all payroll, compliance, and employment obligations. The Client agrees not to engage Workers directly or indirectly without MyGig’s prior written consent.

3.3 Awards and Classification

All Positions will be governed by the applicable industrial Award and Classification. By default, MyGig ensures Workers are paid at least the minimum Award rates unless otherwise agreed and specified in the New Request ("Pay above Award rate").

3.4 Direction and Supervision

While performing work for the Client, Workers will be under the Client’s direction, supervision, and control. The Client is responsible for providing a safe work environment and necessary training.

4. Fees and Payment

4.1 Fee Structure

The Client agrees to pay a Service Fee of 15% of the Cost of Workforce. The Cost of Workforce includes:

• The Worker’s Gross Pay (including base pay and applicable loadings or penalties).

• On-Costs such as Superannuation, payroll tax, and workers’ compensation insurance.

4.2 Invoicing and Payment Terms

MyGig will automatically invoice the Client for Services provided (RCTI), which will include the Worker’s Gross Pay, On-Costs, and the Service Fee. Payment is processed automatically via Direct Debit, Credit Card, Debit Card or Invoice when volumes allow it. Late payments may incur interest.

5. Responsibilities of the Client

5.1 Workplace Health and Safety

The Client must provide a safe working environment and comply with all relevant workplace health and safety laws.

5.2 Induction and Training

The Client is responsible for providing necessary induction and training to Workers to perform their duties safely and effectively.

5.3 Compliance with Laws

The Client must comply with all applicable laws, regulations, and industrial awards concerning the employment and engagement of Workers.

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the term of this Agreement, except as required by law or with prior written consent.

7. Liability and Indemnity

7.1 Limitation of Liability

To the extent permitted by law, MyGig’s liability for any claim arising under this Agreement is limited to the fees paid by the Client for the Services in question.

7.2 Indemnity

The Client indemnifies MyGig against all claims, damages, and expenses arising from the Client’s breach of this Agreement or negligence in supervising Workers.

8. Termination

8.1 Termination by Either Party

Either party may terminate this Agreement with 30 days’ written notice.

8.2 Immediate Termination

MyGig may terminate this Agreement immediately if the Client breaches any material term or becomes insolvent.

9. Governing Law

This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

10. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

11. Amendments

Any amendments to this Agreement must be in writing and signed by both parties.

12. Contact Information

For any questions or concerns regarding this Agreement, please contact us at:

• Email: help@mygig.com.au
• ‍Address: 81-83CAMPBELL STREET , SURRY HILLS NSW 2010

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By engaging our Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.