Worker Terms of Use
These Worker Terms of Use apply in addition to and do not replace the General Terms of Use.
- Definitions and interpretation
- Service means the MyPass service which is the service provided by us via the Website that allows you access to the Service to upload and have verified your Work Passport and Compliance Documents; and to share your Work Passport with your Employer(s), the end consumer of your Employer’s service, or with a Business Partner’s software system including compliance / mobilisation / rostering / site-access portals; and to communicate with a Business Partner through the Service; and the Employer resourcing service provided by us that allows you access to the Service for you to review, and apply for roles provided by an Employer; and the primary source verification service, which is the process we use to verify your Compliance Documentation with each Institution.
- You means the person who registered on the Service as a Worker in accordance with the process in the Worker Terms of use.
- Registration
- Where a Business Partner nominates you as being a Worker, we will collect some identification, contact and other Personal Information regarding you from that Business Partner and you consent to us collecting such Personal Information. However you may need to complete your registration (including by providing additional information to us) before we can provide the Service to you.
- MyPass process
- As a Worker, you can either register directly on the Service or be invited to use the Service by a Business Partner.
- You acknowledge that after you create your Work Passport, or once it is created on your behalf by a Business Partner:
- your Work Passport will be visible only to the Business Partner(s) who invited you and in some instances their client;
- our personnel will review your Work Passport, check for errors in your professional profile, and verify (in accordance with industry standards) any documentation that you have uploaded;
- where possible our personnel will verify your Compliance Documents at the source of issue and may contact the relevant Institution in order to do so;
- if errors or omissions are identified in the course of verifying the information and documents identified in this clause, we will amend and notify you; and
- your verification status will remain pending until we can complete the verification process to our satisfaction.
- You acknowledge and consent to the following:
- If you accept an invitation from a Business Partner to join their Worker Pool, then they will be able to see your Work Passport including your nominated physical address, classifications, calendar events relating to that Business Partner (assignments), employment history, view and download your Compliance Documents, and communicate with you.
- Your Employer may allow their client(s) or the end users of their service to view your Work Passport including your nominated physical address, classifications, calendar events relating to that Business Partner (assignments), employment history, and give them the ability to view and download your Compliance Documents. This includes the transfer of certain mandatory information & Compliance Documents to their client’s (or End User’s) designated software system (or database) for the purposes of: approval/selection for roles, mobilisation, site-access, logistics or other related activities.
- Business Partners that you have connected to will also be able to upload and verify Compliance Documents on your behalf, and synchronise (share) your personal details with us.
- Employer resourcing service
- Your Employer(s) may choose to offer you jobs or assignments through the Service. You may use your Work Passport to apply for those jobs / assignments you are interested in pursuing. Note – you will only be offered roles / assignments from the Employer(s) that you have given permission to be connected to you in MyPass.
- Some Business Partners may use third-party websites (such as seek.com.au, jora.com.au and indeed.com) and request for Workers to apply for jobs using their MyPass login. If you apply for a job using your MyPass login (or register with MyPass as part of the application process) then that Employer will be able to review your Work Passport within the Service.
- Employers may, on receipt of an application made by you, or because the Employer has reviewed your Work Passport, contact you through the Service about a particular role or job opportunity. After being contacted by an Employer, you will have the opportunity to communicate with the Employer, and find out more about the role.
- If, at any time after an Employer indicates its preliminary acceptance of your application, either you or the Employer decide not to pursue an arrangement with each other, then either you or the Employer (as applicable) may terminate the application through the Service.
- While we encourage you to use the Service to apply for multiple roles, the Service will only allow you to accept one role scheduled for any given date without prior permission of the Employer(s). Therefore, once an Employer indicates its final acceptance of your application for a role, if you are shortlisted for another role (or roles) with overlapping dates, the other Employer(s) will be notified of the schedule clash and, the Employer may (in their sole discretion) elect to adjust the dates of the role to avoid the overlap. However, once either you or the Employer terminates the matching process in accordance with this clause, such restrictions and suspensions will be removed.
- If after communicating with an Employer, you and the Employer would like to enter into an employment arrangement with each other, you are responsible for liaising directly with the Employer in relation to the negotiation of the terms of such an arrangement. There is no charge to you for us providing this Service to you.
- Once you have applied, been shortlisted or confirmed for a role, your Work Passport may be made available for viewing by any other Business Partners your Employer needs to provide the information to in relation to the provision of services for that assignment (for example, their client, the end user of the service, the prime service provider, the logistics and site access system provider, Institutions or End Users).
- Compliance document verification process
- If you agree to the Worker Terms of Use, you consent to Business Partners disclosing your Personal Information, Sensitive Information and your Compliance Documents to us, and Institutions for the purpose of primary source verification and to ensure the integrity of information relating to you.
- When we are seeking to verify your Compliance Documents, we may elect to do this at the primary source of issue. This may involve verification with training organisations, licensing authorities, ministries, immigration departments, industry associations, medical practitioners and educational institutions (Institutions).
- By uploading your Compliance Documents, you give us permission to contact the relevant Institution in order to conduct primary source verification.
- You give the Institution who issued you your Compliance Documents permission to view a summary of your MyPass profile within their MyPass portal.
- Internal Use
- A Business Partner may elect to use a more limited version of the Service, under which the Service is used for the internal record keeping and management purposes of the Business Partner but does not utilise information sharing, matching or other similar functionality (“Internal Use Version”). If a Business Partner uses the Internal Use Version, the Personal Information that we collect, hold and use regarding you will be provided to us by the Business Partner, and you may not be able to log into or use the Service.
- Your general obligations
- If requested by an Employer during the course of negotiations between you and the Employer:
- provide the Employer with all documentation reasonably required, including but not limited to accreditations, licences, and academic transcripts; and
- undergo a pre-employment medical examination, anti-body test or a drug and alcohol screen test.
- Acknowledgements
- You acknowledge that while you will have access to potential engagements published by a Business Partner, we do not guarantee that you will be engaged by a Business Partner and you will not hold us liable for any loss you may suffer in such circumstances.
- You acknowledge that while you will have access to training courses published by Institutions, we do not guarantee that you will be successful with your training and you will not hold us liable for any loss you may suffer in such circumstances.
- Privacy
- If you agree to the Worker Terms of Use, you consent to Business Partners disclosing your Personal Information and your Compliance Documents to us, and Institutions for the purpose of primary source verification and to ensure the integrity of information relating to you.
- Variation
- You accept that:
- if you are engaged by a Business Partner through our Service after you have registered with us in accordance with the ‘Registration’ clause, the Worker Terms of Use which apply to you are the terms and conditions that you have accepted upon Registration, and we will not vary these terms and conditions with respect to your continued use of our Service; and
- if you have not been engaged by a Business Partner at the time you receive the notice as set out in the General Terms of Use, your continued use of our Service will be governed by the varied Worker Terms of Use.
Employer Terms of Use
These Employer Terms of Use apply in addition to and do not replace the General Terms of Use.
- Definitions and Interpretation
- Service means the MyPass service which is the service provided by us via the Website that allows you access to manage your Worker Pool and their Work Passports; and to invite Workers to the Service, searching for Workers, and accessing their Work Passports applicable to managing their Compliance Documents, communicate with them and/or facilitate their access to a work site; and to enable you to share a portion or all of your Worker Pool with your client(s) or another Business Partner; and to check compliance of Work Pool(s) with your compliance matrices; and to access the Employer resourcing service provided by us that allows you to set-up job roles and invite Workers to apply; and the primary source verification service, which is the process we use (where possible) to verify Worker Compliance Documents with each Institution.
- You means the Employer who registers on the Service as an Employer in accordance with the processes in the Employer Terms of Use.
- MyPass process
- As an Employer, you are authorised to use the Service to:
- set-up Work Passports for your existing Workers whom you have already obtained all consents necessary in order for us to be able to collect and store that Personal Information and create their Work Passport.
- invite your existing Workers to your Worker Pool. If a Worker who already has a Work Passport accepts your invitation to join your Worker Pool, then you will be able to view their MyPass profile; update, view and download their Compliance Documents; and communicate with them.
- set-up one or more skills matrices in order to determine the compliance of a Worker Pool(s) with that skills matrix.
- you may be given access to the Work Passports (including calendar information) of Workers who are members of your labour providers Worker Pools. These Workers will not necessarily be in your Worker Pool but will be visible to you where we deem this information sharing as necessary for the provision of your services (for example, as the main provider of labour-related services you would have visibility of your labour provider’s Workers specific to that service).
- Employer resourcing process
- As an Employer, you are invited to use the Service to:
- create projects and job roles in order to match one or more Workers from your Worker Pool; and
- create job application links in order to seek the services of one or more Workers; and
- post job application links on external websites (such as seek.com.au, jora.com.au and indeed.com or your own company website).
- Workers are invited to apply, through the Service, for roles that you create.
- If a Worker applies for a role that you advertise, you will have an opportunity to review the Worker’s Work Passport, and either:
- reject the application;
- communicate with the worker to make a clarification;
- put the worker into the follow-up or shortlisted category; or
- offer the Worker the role.
- If the Worker accepts your offer, or is moved to the ‘accepted state’, then the worker is deemed to be matched to your role and will be added to your Worker Pool. As part of your subscriptions fee, the contact details of the Worker will be released to you so that you can contact the Worker to discuss the role in more detail and conduct post job-matching activities.
- If, at any time after you offer a Worker a role and either you or the Worker decide not to pursue an arrangement with each other, then either you or the Worker (as applicable) may terminate the application through the Service.
- If after communicating with a Worker, either in relation to an advertised role or following a general search, you and the Worker would like to enter into an employment arrangement with each other, you are responsible for liaising directly with the Worker in relation to the negotiation of the terms of such an arrangement.
- Job advertisements
- If you post a job advertisement on the Service you must ensure that the advertisement includes full and accurate information about the particular role, including:
- the number of Workers required for the role;
- the indicative hourly rate that you propose paying for the role;
- the general skill set required for the role;
- any particular qualifications, accreditations or licences required for the role;
- whether a pre-engagement medical and/or drug and alcohol screen test is required; and
- any other special requirements for the role.
- We may, but we are not obliged to, review the Content of job advertisements you post to the Service, and block, modify, terminate access to, or remove any such advertisement that we, in our sole discretion, consider to be non-compliant with any of the requirements of the Employer Terms of Use, in particular those requirements set out below in Clause 6 of this Employer Terms of Use.
- Creating Worker profiles
In order for us to create Worker profiles/accounts for your Workers, you may need to provide us with certain Personal Information regarding your Workers, including identifying information, contact information and employment/credential information. You acknowledge and agree that you will be responsible for obtaining all consents and permission from your Workers necessary for us to be able to collect and store that Personal Information in order to create their Work Passports.
- Internal use
You may elect to use a more limited version of the Service, under which the Service is used for your internal record keeping and management purposes as an Employer but does not utilise information sharing, matching or other similar functionality (“Internal Use Version”). If you use the Internal Use Version:
- you will be solely responsible for collecting and loading into the Service all relevant information regarding your Workers that you wish to be able to access and manage within the Internal Use Version (including obtaining all consents from your Workers necessary for Personal Information regarding the Workers to be stored and used within the Service);
- you acknowledge and agree that you may receive a more limited set of features and functions and may not have the benefit of the information sharing, matching or other similar functionality within the Service; and
- if you elect to use the Internal Use Version and subsequently wish to commence using the full version of the Service, additional consents may need to be obtained, including additional consents from your Workers.
- Acknowledgement
- You acknowledge that, while we will use our best endeavours to match you with Workers who wish to be engaged by you, it may be that, we are unable to do so, and you will not hold us liable for any loss you may suffer in such circumstances.
- Worker suitability disclaimer
- We make no representation or warranty that any Worker you engage for a particular role:
- is appropriately experienced, skilled and qualified for the performance of that role;
- holds all licences, qualifications, accreditations and certificates required to perform that role or to operate any vehicles or equipment in the performance of that role; or
- has the mental or physical capacity to undertake that role.
- Privacy
- Where you provide any Personal Information, Sensitive Information or other information regarding your Workers or any other third parties to us (including by uploading the information to the Service), you are solely responsible for obtaining all consents and permission from and providing all notices to such Workers or other third parties as required under any applicable law in order for us to be able to collect, hold, use, disclose and otherwise deal with that Personal Information or Sensitive Information as contemplated in the Employer Terms of Use.
Institution Terms of Use
These Institution Terms of Use apply in addition to and do not replace the General Terms of Use.
- Definitions and Interpretation
- Service means the MyPass service which is the service provided by us via the Website that allows you to manage your Worker Pool and trainees and their Work Passports; and to Invite Workers and trainees to the Service, searching for Workers and trainees, and accessing their Work Passports applicable to managing their Compliance Documents, communicating with them and/or facilitating their access to a training site or work site; and to enable you to share a portion or all of your Worker Pool or trainees with your client(s) or another Business Partner; and the Employer resourcing service provided by us that allows you to set-up job roles and invite workers to apply; and the primary source verification service, which is the process we use (where possible) to verify Worker Compliance Documents with each Institution.
- You means the Institution who registers on the Service as an Institution in accordance with the processes in the Institution Terms of Use.
- MyPass process
- As an Institution, you are authorised to use the Service to:
- invite your existing Workers or trainees to your Worker Pool
- set-up Work Passports for your existing Workers or trainees whom you have already obtained all consents necessary in order for us to be able to collect and store that Personal Information and create their Work Passport.
- search for, retrieve, and invite Workers or trainees to your Worker Pool who have registered independently of a Business Partner. When searching, an Institution can view a Worker’s profile photo, location (suburb), local time, classification(s), past employers, employment history, experience, and Compliance Documents summary. If a Worker or trainee accepts your invitation to join your Worker Pool, then you will be able to view their MyPass calendar; update, view and download their Compliance Documents; and communicate with them.
- You may be given access to the Work Passports (including calendar information) of Workers or trainees who are members of another Business Partner’s Worker Pool. These Workers and trainees will not necessarily be in your Worker Pool but will be visible to you where we deem this information sharing as necessary for the provision of their services. This includes for the purpose of synchronising or uploading training documents and information into the Work Passports of those Workers and trainees.
- As an Institution, you:
- will be able to view a Worker’s and trainee’s calendar, view and download their Compliance Documents, and communicate with them; and
- acknowledge that a Work Passport Worker may, at his or her sole discretion, consent to and withdraw such consent at any time to be a member of your Worker Pool, or receive training course information and advertisements.
- Course booking process
- As an Institution, you are invited to use the Service to:
- post training course advertisements seeking bookings from one or more Workers;
- review worker profiles (including the Work Passports) by way of a general search; and
- request to view Work Passports for specific workers and trainees who meet your requirements.
- Workers are invited to apply, through the Service, for training courses that you advertise.
- If a Worker applies for a training course that you advertise, you will have an opportunity to review the Worker’s Work Passport, and either:
- reject the application;
- communicate with the worker to make a clarification; or
- offer the Worker a position on the course.
- If the Worker accepts your offer, then the worker is deemed to be confirmed for your course. As part of your monthly fee, the contact details of the Worker will be released to you so that you can contact the Worker to discuss the course in more detail and conduct post-booking activities.
- If, at any time after you offer a Worker a position in your course and either you or the Worker decide not to pursue an arrangement with each other, then either you or the Worker (as applicable) may terminate the application through the Service or directly with each other.
- If after communicating with a Worker, either in relation to an advertised course or following a general search, you and the Worker would like to enter into an arrangement with each other, you are responsible for liaising directly with the Worker in relation to the negotiation of the terms of such an arrangement.
- Course advertisements
- If you post a course advertisement on the Service you must ensure that the advertisement includes full and accurate information about the particular course in accordance with the
Standards for Registered Training Organisations
(RTOs) 2015, and the
Standards for VET Accredited Courses
2012.
- We may, but we are not obliged to, review the Content of course advertisements you post to the Service, and block, modify, terminate access to, or remove any such advertisement that we, in our sole discretion, consider to be non-compliant with any of the requirements of the Institution Terms of Use, in particular those requirements set out in the ‘Communications with us and others’ clause of the General Terms of Use.
- Acknowledgement
- You acknowledge that, while we will use our best endeavours to match you with Workers who wish to be engaged by you for training courses that you advertise or provide, it may be that we are unable to do so, and you will not hold us liable for any loss you may suffer in such circumstances.
- Worker suitability disclaimer
- We make no representation or warranty that any Worker you engage for a particular role:
- is appropriately experienced, skilled and qualified for the performance of that role;
- holds all licences, qualifications, accreditations and certificates required to perform that role or to operate any vehicles or equipment in the performance of that role; and
- has the mental or physical capacity to undertake that role.
End User Terms of Use
These End User Terms of Use apply in addition to and do not replace the General Terms of Use.
- Definitions and Interpretation
- Service means the MyPass service which is the service provided by us via the Website that allows you to manage your Worker Pool, your labour vendor Worker Pools and their Work Passports; invite Workers to the Service, search for Workers within a Worker Pool, and accessing their Work Passports applicable to managing their Compliance Documents, communicating with them and/or facilitating their access to a work site; and to enable you to share a portion or all of your Worker Pool with your related entities or another Business Partner; and to Check compliance of a Worker Pool(s) with your compliance matrices; and the Employer resourcing service provided by us that allows you to set-up job roles and invite workers to apply; and the primary source verification service, which is the process we use (where possible) to verify Worker Compliance Documents with each Institution.
- You means the End User who registers on the Service as an End User in accordance with the processes in the End User Terms of Use.
- MyPass process
- As an End User, you are authorised to use the Service to:
- invite your existing Workers to your Worker Pool. If a Worker who already has a Work Passport accepts your invitation to join your Worker Pool, then you will be able to view their MyPass profile; update, view and download their Compliance Documents; and communicate with them
- set-up Work Passports for your existing Workers whom you have already obtained all consents necessary in order for us to be able to collect and store that Personal Information and create their Work Passport.
- set-up one or more skills matrices in order to determine the compliance of a Worker Pool(s) with that skills matrix. A skills matrix can be shared with other Business Partners within the Service.
- for the purposes of delivering a specific project or contract, you may request resources from your labour providers who will then match their workers to your request(s). You will given access to the Work Passports (including compliance information) of these Workers who are members of your labour providers’ Worker Pools. These Workers will not necessarily be in your Worker Pool but will be visible to you where we deem this information sharing as necessary for the provision of services (for example you may be given visibility of your labour providers’ Workers specific to a project or contract).
- View compliance reports for your own Workers, or workers shared with you by one of your vendors.
- Employer resourcing and matching process
- As an End User, you are invited to use the Service to:
- create job roles in order to match one or more Workers from your Worker Pool;
- create job application links in order to seek the services of one or more Workers; and
- post job application links on external websites (such as seek.com.au, jora.com.au and indeed.com or your own company website).
- Workers are invited to apply, through the Service, for roles that you create.
- If a Worker applies for a role that you advertise, you will have an opportunity to review the Worker’s Work Passport, and either:
- reject the application;
- communicate with the worker to make a clarification;
- put the worker into the follow-up or shortlisted bucked; or
- offer the Worker the role.
- If the Worker accepts your offer or is moved to the ‘accepted’ state, then the worker is deemed to be matched to your role and will be added to your Worker Pool. As part of your monthly fee, the contact details of the Worker will be released to you so that you can contact the Worker to discuss the role in more detail and conduct post job-matching activities.
- If, at any time after you offer a Worker a role and either you or the Worker decide not to pursue an arrangement with each other, then either you or the Worker (as applicable) may terminate the application through the Service.
- If after communicating with a Worker, either in relation to an advertised role or following a general search, you and the Worker would like to enter into an employment arrangement with each other, you are responsible for liaising directly with the Worker in relation to the negotiation of the terms of such an arrangement.
- Job advertisements
- If you post a job advertisement on the Service you must ensure that the advertisement includes full and accurate
information about the particular role, including:
- the number of Workers required for the role;
- the indicative hourly rate that you propose paying for the role;
- the general skill set required for the role;
- any particular qualifications, accreditations, or licences required for the role;
- whether a pre-engagement medical and/or drug and alcohol screen test is required; and
- any other special requirements for the role.
- We may, but we are not obliged to, review the Content of job advertisements you post to the Service, and block, modify, terminate access to, or remove any such advertisement that we, in our sole discretion, consider to be non-compliant with any of the requirements of the End User Terms of Use, in particular those requirements set out below in Clause 6 of this End User Terms of Use.
- Creating Worker profiles
In order for us to create Worker profiles/accounts for your Workers, you may need to provide us with certain Personal Information regarding your Workers, including identifying information, contact information and employment/credential information. You acknowledge and agree that you will be responsible for obtaining all consents from your Workers necessary for us to be able to collect and store that Personal Information in order to create their Work Passports.
- Internal use
You may elect to use a more limited version of the Service, under which the Service is used for your internal record keeping and management purposes as an Employer or End User but does not utilise information sharing, matching or other similar functionality (“Internal Use Version”). If you use the Internal Use Version:
- you will be solely responsible for collecting and loading into the Service all relevant information regarding Workers that you wish to be able to access and manage within the Internal Use Version (including obtaining all consents from Workers necessary for Personal Information regarding the Workers to be stored and used within the Service);
- you acknowledge and agree that you may receive a more limited set of features and functions and may not have the benefit of the information sharing, matching or other similar functionality within the Service; and
- if you elect to use the Internal Use Version and subsequently wish to commence using the full version of the Service, additional consents may need to be obtained, including additional consents from Workers.
- Acknowledgement
- You acknowledge and agree that, while we will use our best endeavours to match you with Workers who wish to be engaged by you, it may be that we are unable to do so, and you will not hold us liable for any loss you may suffer in such circumstances.
- Worker suitability disclaimer
- We make no representation or warranty that any Worker you engage for a particular role:
- is appropriately experienced, skilled and qualified for the performance of that role;
- holds all licences, qualifications, accreditations and certificates required to perform that role or to operate any vehicles or equipment in the performance of that role; and
- has the mental or physical capacity to undertake that role.
- Privacy
- Where you provide any Personal Information, Sensitive Information or other information regarding your Workers or any other third parties to us (including by uploading the information to the Service), you are solely responsible for obtaining all consents and permission from and providing all notices to such Workers or other third parties as required under any applicable law in order for us to be able to collect, hold, use, disclose and otherwise deal with that Personal Information or Sensitive Information as contemplated in the End User Terms of Use.