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TERMS OF EMPLOYMENT

  1. Interpretation

    1. In this agreement:

    "employment" means your employment with us pursuant to this agreement;

    "Expo Authority" means the Expo 2000 Hannover Authority and associated entities charged with organising Expo 2000 in Hannover;

    "Expo Regulations" means the by laws and regulations issued by the Expo Authority governing the conduct of operations and personnel on the World Expo site. These regulations and by laws can be accessed on the World Expo Web site- www.expo2000.de/participants/english;

    "head contract" means our contract with Caribiner International Pty Ltd ACN 077 757 307 relating to the Australian Pavilion at World Expo 2000 in Hannover, (which is scheduled to terminate on 31 October 2000);

    "misconduct" includes theft, fraud, assault and dishonesty or being adversely affected by alcohol or other drugs whilst at work;

    "position" means your employment position as described in Attachment A to these Terms.

    "Ozfood" means Ozfood.com Pty Ltd ACN 091 800 190;

    "schedule" means the schedule to which these Terms are attached;

    "you" or "your" refers to the Employee;

    "us", "ours" or "we" refers to the Employer;

  2. Terms of Employment

    1. We will employ you to fill the position.

    2. You acknowledge that the head contract provides that the Australian Federal Police ("AFP") may carry out security/background checks on our staff who are engaged in the Australian Pavilion. You warrant that you have no criminal history and have not been involved in any conduct which might lead the AFP to conclude that you were a security risk or your background was not suitable for a person working in the Australian Pavilion.

    3. If we are advised that the AFP considers those checks are not satisfactory, we can terminate your employment, without notice or pay in lieu of notice.

    4. You also warrant that you possess the skills and qualifications listed in any resume or reference you provide to us and that any statements you make to us or information you provide related to your past employment are true;

    5. Your position is not governed by any industrial award or agreement. If this agreement brings you within the coverage of any industrial award or agreement, the provisions of that award or agreement will apply separately and independently of this agreement.

  3. Period of Employment

    1. Your employment will continue for the term of the head contract, unless terminated in accordance with this agreement.

  4. Responsibilities

    1. You will be responsible for the matters contained in the Job Specification which is Attachment A and other matters allocated to you which are within the scope of your skills.

    2. If your employment commences before Expo 2000 starts, you agree to participate in relevant training and assist in setting up our catering facility at Expo 2000;

    3. Unless you are absent with our approval or because of illness or injury you must devote all your time to our business at all time reasonably required by us.

    4. During your employment with us you may not be involved in any other business or occupation without our prior consent.

    5. As soon as reasonably practicable, you agree to obtain private health insurance to cover you whilst you are employed with us, such insurance to be previously approved by us (in accordance with the head contract) and copied to us, once obtained.

    6. During the employment, you must:

      1. observe and comply with all our rules, policies, standards and procedures relating to your employment or use of the accommodation we arrange for you, and the Expo Regulations (which may be changed during the term of your employment);

      2. observe and comply with the Expo Regulations;

      3. not do anything which might cause us to be in breach of our obligations under the head contract;

      4. carry out our lawful directions.

  5. Remuneration

    1. We will provide you with the remuneration package specified in Attachment B. The way in which the package is provided may be varied at any time by agreement.

    2. We will pay you fortnightly, in arrears in Hannover.

    3. Your wages will be calculated in Australian dollars but will be paid in Deutschmarks (calculated at the exchange rate applicable on the Friday prior to the relevant pay day).

  6. NO GRATUITIES OR BENEFITS

    1. You must not ask for or accept from anyone who deals with us any money or other benefits ("benefits") nor permit any of your associates to do so, without our prior written consent.

    2. If we do give consent we may impose conditions which might include requirements that:

  • the benefits are receipted by us and treated as a payment to you which may be subject to tax deductions; and/or

  • your remuneration package is adjusted to compensate us for any fringe benefits tax payable on the benefits.

    1. Any breach of clause 6.1 will result in disciplinary action. In addition, you will be liable to reimburse us for any fringe benefits tax liability we incur because you or your Associate has received the money or benefits.

  1. ACCOMODATION AND UNIFORMS

    1. During the period of your employment you must reside in accommodation arranged by us. We will provide you with serviced accommodation (including food).

    2. You will be required to pay the amount specified in Attachment B as a contribution to the cost of the accommodation. You agree that we can deduct these contributions from your pay. You must pay this contribution for the whole of the period you are employed by us irrespective of whether you actually use the accommodation for the whole of that time.

    3. You also agree that we may require you to pay a reasonable security deposit to cover telephone bills and other personal expenses associated with your accommodation for which we will be liable if you do not pay them and that we can deduct this security amount from your pay.

    4. We will provide you with uniforms and launder them.

  2. Leave

    1. This contract is for a fixed term and for a particular project. Therefore you will not be entitled to annual or similar leave.

  3. TERMINATION

    1. We may terminate your employment, without notice or pay in lieu of notice, if:

      1. you become incapacitated (other than temporarily) to an extent that you cannot perform your duties;

      2. you breach this agreement in a material way (which includes any failure to meet performance standards or targets communicated to you);

      3. you are charged with a criminal offence or involved in conduct which is unprofessional or breaches our rules, policies or procedures in relation to ethical behaviour, which in our opinion brings you or us into serious disrepute;

      4. you are deported from Germany, lawfully banned from the Expo site or the Australian Pavilion or lose accreditation with the Expo Authority;

      5. you engage in misconduct;

      6. your position becomes redundant for economic, technological, structural or similar reasons;

      7. our contract with Caribiner International Pty Ltd ACN 077 757 307 is terminated; or

      8. the Australian Pavilion is closed or we are refused access to the Pavilion for any reason either permanently or for any period in excess of 14 days.

  4. No Waiver

    1. If we do not take action to enforce or require strict or prompt compliance with your obligations under this agreement this will not affect or in any way limit our rights to exercise remedies we have in respect of breaches.

  5. Governing Law

    1. This agreement will be construed in accordance with the laws in force in Queensland other than the Industrial Relations Act 1999 which will not apply to this agreement or the employment.

    2. If we have a dispute regarding your employment, you and we agree to have the dispute dealt with by a Court in Queensland with appropriate powers.

  6. Entire Agreement

    1. This agreement represents the entire agreement between us in relation to your employment.

    2. By signing this document you acknowledge that:

      1. neither we nor anyone acting on our behalf has made any warranties, or representations to you in relation to your employment which are not fully set out in this agreement; and

      2. before signing you have read the agreement, schedule and attachments and understand them and that we have advised you to obtain independent advice.

  7. Tax Requirements

    1. You must provide us with any information we reasonably require to determine whether you are required to pay tax on your remuneration in Germany, Australia or elsewhere.

    2. You authorise us to deduct from your remuneration any tax or other deductions we are required to remit to the tax authorities in Germany, Australia or elsewhere.

  8. PERSONAL INFORMATION

    1. You agree to provide us with any personal information we reasonably request in order to apply for visas, work permits, other travel documents and accreditation with the Expo Authority.

ATTACHMENT A - JOB SPECIFICATION

Responsibilities:

Any duties reasonably requested by us having regard to our obligations under the head contract including, (but not limited) to:

    • Bar service;

    • Stores management;

    • Cleaning duties;

    • Driving vehicles;

    • Office work and administration;

    • Table service and general waiters’ duties;

    • Cooking and food preparation;

    • handling of cash and attending to banking arrangements.

ATTACHMENT B – REMUNERATION & ACCOMODATION CONTRIBUTION

Wage A$14.00 per hour

You will not be paid for the time you spend

travelling to and from Hannover.

Contribution required towards accommodation,

meals and laundry costs: A$200.00 per week

 


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