Terms and conditions

Guidelines for Employers

CareerHub is a web-based database used by the Skills and Jobs Centre to advertise job vacancies to students and recent graduates of The Gordon, as well as participants of the Skills and Jobs Centre. It is designed as an employer self-service facility. The Skills and Jobs Centre is not an employment agency and as such will not play any role in the recruitment process. Employers will be solely responsible for shortlisting, interviewing and advising applicants of the outcomes of their applications.
 
The Skills and Jobs Centre reserves the right to refuse any person's or organisation's use of this service, and to alter any aspect of advertisements approved for publishing.
 
All jobs advertisements submitted to CareerHub must comply with all relevant State and Commonwealth law, including without limitation equal opportunity and anti-discrimination.
 
The below Terms and Conditions apply to employment vacancies and work placement opportunities both within Australia and overseas. A reference to "employment", a "job vacancy" or "job" includes a volunteer opportunity and a work placement opportunity, and a reference to "employer" includes the entity seeking to promote a volunteer opportunity or work placement opportunity on CareerHub. 

Information Required

1. The Skills and Jobs Centre requires all employers wanting to list job vacancies to provide the following information:

   1. the name of the organisation or individual listing the job vacancy;

   2. the full name of a contact person;

   3. the address and phone numbers (land line and mobile) of the organisation, individual or contact person;

   4. an adequate description of the nature of the work being offered which relates to a genuine vacancy;

   5. an appropriate hourly rate of pay (For information on the appropriate pay rates and award finder visit the Fair Work Ombudsman website); and

   6. any costs payable by the successful applicant and associated with the job vacancy (e.g. uniforms, compulsory certification, pre-employment testing)

Job Vacancies

2. Only genuine job vacancies are to be submitted. Acceptable job vacancies include, but are not limited to:

   1. part-time, casual and full-time paid employment;

   2. international job vacancies;

   3. work integrated learning opportunities (e.g. student work placements);

   4. vacancies for market research participants;

   5. volunteer opportunities (see item 6.b, below).

3. Job vacancies offering voluntary or unpaid work must comply with the Fair Work Act 2009 (Commonwealth).

4. Listing of a job vacancy on CareerHub does not constitute a recommendation or endorsement by the Skills and Jobs Centre of any organisation or service provider.

Prohibitions and Reservations

5. The Skills and Jobs Centre will not accept the following job vacancies:

   1. commission only;

   2. remuneration by profit share;

   3. below award wages;

   4. independent contracting arrangements (self-employment) where students need to obtain an Australian Business Number (ABN);

   5. offering "cash" or "cash in hand";

   6. offering "piece rates" i.e. where payment is per product produced, per delivery, per sale made etc. An hourly rate that is at least award wage level is required;

   7. "business opportunities";

   8. positions in the sex industry;

   9. involving any unpaid training/ trial periods, or reduced pay for training/ trial periods, except whereby a federal or state award makes allowances for such arrangements or in accordance with clause 11(b);

   10. involving any illegal activity;

   11. not advertising a genuine employment opportunity: and

   12. requiring the

       1. purchase or lease of a product (other than a mandatory uniform) or service, or payment of a security deposit, registration fee, application fee or similar; or

       2. enrolment in a program of education with another education provider as a condition of employment or acceptance into the volunteer opportunity.

6. The Skills and Jobs Centre reserves the right to refuse or withdraw without notice any job vacancy if:

   1. the notice of job vacancy does not comply with these terms and conditions;

   2. misleading or incorrect information has been provided;

   3. complaints about the employer have been received by a Skills and Jobs Centre representative;

   4. the job opportunity is considered to be inappropriate as per clause 5 or by determination by the Skills and Jobs Centre representative;

   5. the advertisement of the job opportunity is inconsistent with the standing and reputation of The Gordon; or

   6. the employer has previously failed to comply with these Terms and Conditions.

Approval of Job Vacancy Listings

7. All submitted job vacancies are subject to approval by the Skills and Jobs Centre staff prior to being advertised on the website.

8. These approvals will be processed Monday to Friday between 9.00am and 5pm, except for national and Victorian public holidays. Please allow up to 24 hours after submitting a vacancy for the approval to be processed.

9. Only job vacancies deemed by the Skills and Jobs Centre representative as legitimate employment opportunities will be approved

10. Failure to fully and satisfactorily complete of all the required information may result in the job vacancy not being accepted. 

Special Conditions

11. All job vacancies submitted for listing must comply with the following special conditions, as appropriate to the nature of the job(s) submitted:

Recruitment services

1. Recruitment agencies and third parties submitting job vacancies must provide a current written consent from the client organisation they are representing to advertise their vacancy;

2. CareerHub will not disclose the name of the client organisation unless permitted to do so by the client or by law.

Work Placements

The following conditions must be met for unpaid work placement opportunities to be advertised on CareerHub:

3. the positions/duties are course-related and/or assist with professional skills development;

4. the position does not involve duties of a high risk nature, does not require an unconventional mode of transport (i.e. jeep, helicopter or tank), and is not located in a remote area within Australia;

5. the position is undertaken primarily on business premises, or, if field work, performed under appropriate supervision;

6. the host employer must have an ABN; and

7. host employers must agree to extend the provisions of the Occupational Health and Safety Act 2004 (Victoria) to students on unpaid placements.

Volunteer Opportunities

A volunteer opportunity must meet the following additional criteria to be advertised on CareerHub:

8. The Gordon acting reasonably does not consider the activity to be high risk;

9. the activity provides a genuine benefit to the community;

10. the organisation offering the position has an ABN and is a not-for-profit entity.

Indemnity and Limitation of Liability

12. The Gordon takes no responsibility for job vacancies advertised on CareerHub, the content of the advertisements, or for any arrangements subsequently taking place between the potential employee and the employer.

13. The Gordon will be under no liability to employers in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of access to or use of CareerHub site or services supplied by the Skills and Jobs Centre or removal of posting from CareerHub site for any reason.

14. Employers agree to indemnify The Gordon and its staff against all claims, actions, suits, costs and expenses (claims) incurred on any account directly or indirectly by The Gordon as a result of the advertisement of the job vacancy.

15. The Skills and Jobs Centre make reasonable efforts to confirm that all job vacancies featured on CareerHub comply with these Terms and Conditions. However, The Gordon accepts no responsibility for advertisements which contain inaccurate, misleading or false information.

Intellectual Property

16. a) The Gordon will retain all right, title, interest and exclusive and unconditional ownership of any Intellectual Property in respect of the CareerHub data
    
    b) The employers shall fully indemnify and hold harmless The Gordon from and against any loss, costs, expenses, demands or liability whether direct or indirect arising from any claim, suit, demand, action or proceeding by any person in respect of infringement of any Intellectual Property rights by the employers whilst utilising CareerHub

Privacy

17. a) The employers acknowledge that The Gordon may be required and permitted to collect personal information from the employers in relation to CareerHub
    
    b) The Gordon will comply with the legal requirements of the Privacy Act 1988 (Cth) including               Australian Privacy Principles and The Gordon’s Privacy Policy which may be inspected on The               Gordon website

Termination

18. a) Either party may terminate the Agreement immediately by written notice to the other party if:

    1. the other party breaches any material obligations in these Terms and Conditions and does not remedy the breach within fourteen (14) Business Days of being notified in writing of the breach; or

    2. the other party assigns any of its property for the benefit of its creditors, enters into or threatens to enter into bankruptcy, receivership, voluntary administration, liquidation or any other type of insolvency regime

               b) From the date of termination of these Terms and Conditions, the parties will be required prior  
                    to make all payments which are due to the other under these Terms and Conditions prior to
                    the date of termination

3. Termination under this Clause 18 will be without prejudice to any other rights or remedies to which either party may be entitled.

Confidentiality

19. The Parties, and any employees, agents or sub-contractors of the Parties, must not disclose Confidential Information belonging to the other party with the other’s prior written consent unless the disclosure is to:

    1. The insurers or legal advisors of a party;

    2. Required by law or a regulatory authority.

This clause shall survive the termination of the Agreement.

General

2. a) Variation

These terms and conditions may only be varied by written agreement, as mutually agreed by the parties

2.  Assignment

Unless The Gordon expressly consents, the employer must not assign any obligation, entitlement, charge or otherwise deal with The Gordon’s rights or obligations arising under these Terms and Conditions

3. Relationship

The employer acknowledges that at no time is there any relationship of agency with The Gordon and that the employer does not act as a Principal and The Gordon does not act as the employer’s agent

4. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws in the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts in Victoria in respect of any proceedings in connection with these Terms and Conditions