This agreement

  1. Please read these General Conditions of Use (Conditions of Use) carefully before using or accessing the Penrith & Western Sydney Jobs Board website (the website).
  2. By using or accessing the website, you (the user or intended user and any organisation you represent) are making an agreement between yourself and Beta Learning PTY LTD (referred to in these Conditions of Use as ‘We’, ‘Us’, ‘Our’) in which you agree to comply with these Conditions of Use as updated by Us from time to time. You agree to regularly check for updates to these Conditions of Use and when using or accessing the website you are agreeing to the Conditions of Use effective at that time.
  3. You must not provide any information for inclusion on the website or in conjunction with your use of the website that you know is false or misleading as stated in the Criminal Code Act 1995. If you do give false or misleading information, or if you leave out information so that information you do give is misleading, appropriate action will be taken against you.
  4. Job Seekers, Employers and Employment Services Providers must accept and abide by these General Conditions of Use and any applicable Specific Conditions of Use for using the website.
  5. By using the website, you consent to Our monitoring. This may include recording your domain name, server, address and the pages viewed by you. Where you have requested access to a secure part of the website, your User ID will be recorded. Where you send a message or submit a form, your email address will be recorded.

Website owner

  1. The website is owned, managed and maintained by Us.
  2. We have the right to:
    • decide what information, including links to other websites, is displayed on the website;
    • review and update the Conditions of Use at any time;
    • remove any information or Vacancy which:
        • does not meet these Conditions of Use;
        • does not comply with relevant laws;
        • is in breach of a contract entered into between you and the Department of Employment; or
        • We, in Our sole discretion, consider to be an unacceptable or inappropriate Vacancy or an unacceptable or inappropriate Logo in accordance with these Conditions of Use.
    • gather and use feedback from users of the website to help improve and develop the website; and
    • where you do not comply with these Conditions of Use, refuse future access to the website as We see fit.

Purpose of the website

  1. The website is an online jobs board funded by Beta Learning PTY LTD that provides job seekers with the opportunity to connect with employers and providers throughout the relevant local areas with help to find staff.
  2. The website and the information available through the website must not be used to lodge training courses, gather information or conduct surveys.

Compliance with laws

  1. You are responsible for abiding by Commonwealth, State and Territory laws when using the website and the information available through the website
  2. We will immediately remove any Vacancies that We consider are not compliant with any Commonwealth, State or Territory laws including Vacancies that are likely to mislead persons seeking Employment as to the availability, nature, terms or conditions of, or any other matter relating to the Employment, in accordance with Part 2 of the Australian Consumer Law and Fair Trading Acts in all States and Territories.

Copyright

  1. Unless otherwise specified, the copyright in all material displayed on the website is owned by the Beta Learning Pty Ltd.
  2. Unless otherwise specified, We have the exclusive right to communicate the material in the website online. No unauthorised use of Beta Learning Pty Ltd copyright material is permitted.
  3. The content of the website may be used to share job vacancies with other sources (e.g. Social Media, E-mail);

Third party copyright

  1. If you wish to put material on the website but do not own the copyright in the material or hold a relevant license to use it, you must obtain permission from the copyright owner before doing so.

Disclaimer

  1. By placing material on the website, We are not providing professional advice.
  2. We do not guarantee the accuracy, currency or reliability of any of the material placed on the website. This includes, but is not limited to statistics provided on the website. Statistics are provided for your information only.
  3. Material on the website may include the views or recommendations of others that are not necessarily Our views. Material on the website should not be taken to be endorsed by Us.
  4. You should make your own enquiries to check if material on the website is accurate, current and reliable.
  5. Links to other websites are provided for your convenience only. We do not endorse material on linked websites or their organisation, products or services.
  6. Information, including Vacancies, on the website is often summarised and may not be complete or include all of the information that a particular person may require. If this is the case, Job Seekers should call or email the contact person for the Vacancy to obtain more information.
  7. We will use reasonable efforts to maintain the security of Our systems but We will not be responsible for loss arising from unauthorised access of your personal information.

Access

  1. We will use reasonable efforts to ensure that the website is available for you when required.
  2. We do not guarantee that there will not be any interruptions while you are using the website.
  3. We will take reasonable steps to ensure the security of our systems and any personal information We hold and allow you reasonable access to your personal information to keep it accurate and up to date.

Security

  1. We will use reasonable endeavours to provide a secure internet environment but there are still risks associated with exchanging information via the internet. We are not responsible for the privacy practices or the content of linked websites and you need to decide if you think websites linked from the website are secure prior to accessing those websites. We take no responsibility for any loss caused by your access to linked websites.
  2. While the website undertakes scans of documents uploaded to the website to ensure they are free from viruses, We are unable to guarantee that the website, or softSAre downloaded from it, is free of computer viruses. Users are encouraged to utilise anti-virus softSAre for personal use to protect you and your systems. We have no responsibility for any loss caused as a result of accessing documents from or sent via the website.
  3. You must keep your personal information secure by maintaining the confidentiality of any username and password and notify Us immediately if there is any unauthorised use of your account by any other internet user or any other breach of security.

Please note: When using a public computer, you are encouraged to clear your browsing history after each use.

Indemnity

  1. You indemnify (and keep indemnified) Beta Learning PTY LTD, its employees, and agents against any:
    • loss, liability or expense incurred by Us; and
    • loss or expense incurred by Us in dealing with any claim against Us, including legal costs and expenses on a solicitor/own client basis and a cost of time spent, resources used or disbursements paid by Us;
    • claim or action arising as a result of any wilful, unlawful or negligent act or omission by you, your officers, Employees, agents or Sub-contractors in connection with the website.

Privacy

  1. By using the website, you consent to the collection, use and disclosure of your personal information for the purposes set out in the Privacy page.

 

Specific Conditions of Use for Employment Services Providers

  1. In addition to the above General Conditions of Use, Employment Services Providers are also bound by these Specific Conditions of Use for Employment Services Providers when using the website

Employment Services Providers website Code of Conduct

  1. You must:
    • not carry out any practice or activity that could bring the website into disrepute;
    • comply with all relevant Australian laws;
    • make sure Job Seekers are offered the Employment conditions that are stated in your Vacancy.

Applicability of legislation

  1. You should seek your own legal advice regarding the applicability of legislation.

 

Vacancies

Vacancy requirements

  1. By posting a Vacancy on the website you are agreeing to this Vacancy being shared, via an XML feed with approved organisations/job boards under agreement with Us, Social Media and SArrant that you have obtained the consent of the relevant individuals for this to occur. This means that your Vacancy may be displayed on other online jobs boards. You must seek confirmation from Employers that they have obtained the consent of relevant individuals identified in the Vacancy being shared, via an XML feed with approved organisations/job boards under agreement with Us and Social Media.

Monitoring of Vacancies

  1. The website is hosted on a computer system funded by Us. We have the right to refuse access to this service.
  2. We will remove Vacancies or request changes to Vacancies if We believe they do not meet these Conditions of Use.
  3. Vacancies may be checked by Us and will be removed from the website if they do not meet these Conditions of Use.
  4. We have the right to remove Vacancies We consider duplicate Vacancies, including where an employer advertises in multiple locations.
  5. You must not provide information that is likely to be considered false, misleading, offensive or unlawful. If you do, this information may not be displayed and may be removed from the system. You may be refused access to the website and, if appropriate, have your details given to the appropriate authorities.

Complaints about Vacancies

  1. If We receive a complaint about a Vacancy you have lodged, We may remove the Vacancy from the website while investigating the complaint. If We find that the Vacancy does not meet these Conditions of Use you may be denied future access to the website. Serious breaches of these Conditions of Use that also constitute a breach of the law will be referred to the appropriate authorities for further action.

Currency of Vacancies

  1. The website is monitored to ensure currency of Vacancies. Vacancies that are not current will be closed or inactivated. Vacancies that are older than 30 days are are not re-listed by the employer will be classed as “expired” and may be removed at any time from our website

 

Specific Conditions of Use for Employers

Vacancy requirements

  1. All Vacancies lodged by Employers will be uploaded to the website at the time of creation, provided they meet certain requirements and do not include Certain Wording that may contradict these Conditions of Use.
  2. Where Vacancies lodged by Employers are found NOT to meet these Conditions of Use, Employers may be identified as an ‘Assisted Employer’ and all Vacancies submitted by the Employer will be checked for compliance before being uploaded on the website.
  3. In order to lodge a Vacancy, you must have included in your registration: the name of the employing business, a contact name, a valid suburb from the selection list and a method of application, whether it is via e-mail or url.
  4. You must make sure that the Vacancies you lodge on the website:
    • include a unique Vacancy for each job type;
    • include a genuine, descriptive job title;
    • provide a clear and accurate description of the nature of the work, including details of the service or product involved;
    • provide an accurate location where the Vacancy actually exists OR if advertising outside of your area, ensure the actual location of the vacancy is clearly indicated in the job description;
    • clearly state if the Job Seeker will need to provide their own transport, either to undertake the duties of each Position or to travel to and from work;
    • clearly state any costs the Job Seeker will need to invest or pay upfront, and the continuing fees for the product, equipment purchases or any other costs;
    • state the hours of work, either the set number of hours the employee will work, or minimum hours an employee could expect to work;
    • are identified as Anticipated Vacancies for Vacancies you are expecting to have available. An anticipated start date must also be entered. Please note, Anticipated Vacancies can only be lodged on the website via an Employment Services Provider;
    • are free of spelling mistakes and are grammatically correct;
    • are free of language that may be interpreted as discriminatory; and
    • do NOT include a request that the Job Seeker provide a photograph of themselves with their application or at their interview.
  1. The website will NOT advertise vacancies on behalf of employers who intend to charge Job Seekers for attending interviews.
  2. It is your responsibility, as the Employer, to ensure your Vacancies comply with relevant anti-discrimination law and that all recruitment and employment practices are in accordance with these laws. While Vacancies uploaded by Employers are reviewed prior to publication on the website for adherence with these Conditions of Use, We accept no responsibility for Vacancies or practices that do not comply with relevant anti-discrimination legislation.
  3. If you require a Job Seeker to have a pre-employment medical or drug/alcohol test, the requirement must be relevant to the type of work the applicant will be doing and must not breach any State or Territory anti-discrimination legislation or any other relevant laws. This requirement must also be stated in the Vacancy description (e.g. must be able to pass a full medical).
  4. You must not use information relating to Job Seekers acquired as a result of contact made by a Job Seeker, or contact made by an Employment Services Provider, in response to a Vacancy you have lodged, for purposes other than to contact the Job Seeker to discuss the specific Vacancy to which they have applied.

SAges information

  1. Please note the following advice, which are best practice recommendations and mandatory conditions as indicated:
    • Best Practice Recommendations:
        • You should include some indication of the SAges for each Position. Where possible, provide the name of the modern aSArd or enterprise agreement (if applicable) and an indication of the salary range or hourly rate;
        • If applicable clearly identify Independent Contracting or Sub-contracting business arrangements in the Vacancy within the Description field;
        • Government pensions are not acceptable SAges; and
        • Do not advertise On Target Earnings (OTE), only genuine figures.
    • Mandatory Conditions:
        • If the SAge is to be negotiated, an indication of the salary range or hourly rate must be stated;
        • If salary is partly or wholly commission based, the rate of commission and retainer if applicable must be stated, and a likely range of earnings; and
        • If your Position has youth SAges, you must make sure that the SAge is in line with the modern aSArd or enterprise agreement (where applicable) or the special national minimum SAge for junior employees specified in the national minimum SAge order.
  1. You can find further information on SAges and conditions of Employment via the Fair Work Information Line 131 394.
  2. We have the right to classify any Vacancy as unacceptable or inappropriate for display on the website, including those that could bring the website into disrepute. Some examples include, but not limited to:
    • Vacancies that breach Commonwealth and/or State/Territory legislation (e.g. discriminatory or misleading vacancies);
    • Vacancies that breach these Conditions of Use;
    • Vacancies that involve activities, products or services that may be considered offensive, illegal or misleading;
    • Vacancies involving any form of nudity or work in the Adult Industry;
    • Training courses;
    • Multi-Level Marketing;
    • Personal development courses;
    • Online surveys/pay-for-feedback;
    • Vacancies where applicants must purchase a product or membership from an organisation and/or, in-turn, promote or sell a similar product to obtain income;
    • Pyramid Selling Schemes;
    • Vacancies that do not provide full details of the job, product or service involved;
    • Vacancies that involve promotion of gambling or gambling websites. For example, advertising a poker tournament or promoting a gambling website. Please note this does not exclude general hospitality Positions, for example Positions in clubs, pubs or casinos;
    • Vacancies where the contractual arrangements relating to the Position are not covered by an Australian Industrial Relations Agreement;
    • Vacancies where the remuneration is not paid in Australian currency; and
    • Vacancies that do not clearly specify all costs to be incurred by the Job Seeker.

Additional requirements for Self Employment, Business Opportunities and Commission Work

  1. You must:
    • identify your Vacancies as Self Employment, Business Opportunity or Commission by selecting the appropriate job type when lodging your Vacancy and including Self Employment, Business Opportunity or Commission in brackets after the job title;
    • specify the nature of the business;
    • clearly state any amount the Job Seeker will need to invest or pay upfront, and the continuing fees for the product, equipment purchases or any other costs;
    • only lodge Vacancies for the sale of products or services which are not illegal in Australia;
    • list the full details of the products or services involved;
    • explain the duties involved;
    • provide details of SAges including commission rate and retainer (if applicable) and method of payment; and
    • provide a range of likely earnings.

Additional requirements for Independent Contractors

  1. Vacancies for Independent Contractors or Sub-contractors must include items that are required to be supplied by potential candidates in the Vacancy description field. You must also make it clear that the work is to be performed under Independent Contracting or Sub-contracting arrangements and that SAges are subject to negotiation.

Additional requirements for work from home Positions

  1. If your Vacancy requires the Job Seeker to work from home, your Vacancy must include:
    • the nature of the Employment (e.g. will the Job Seeker be working as an Employee or an Independent Contractor);
    • how the Job Seeker will be paid (e.g. commission based, hourly rate, etc) including details or superannuation;
    • details of who will be responsible for workers compensation and other relevant insurances, if applicable;
    • the duration of Employment (if non-ongoing) and anticipated daily working hours;
    • information about the deduction of income tax (e.g. do you withhold income tax or does the worker pay their own income tax);
    • details and cost of any equipment the Job Seeker will need to supply; and
    • details of any other costs the Job Seeker will be expected to pay.
  1. We may in our sole discretion, remove any Vacancy posted which we determine is incomplete, not for legitimate work, or is an unacceptable or inappropriate Vacancy as we deem fit.

Employer Logo

  1. Logos submitted by you must meet these Conditions of Use and any guide information on the website.
  2. We have the right to classify any Logo as unacceptable or inappropriate for display on the website, including those that could bring the website into disrepute.
  3. If your logo includes an image of persons that may infringe on their privacy, you must obtain their permission to do so.

 

website definitions

Term Definition
ABN Australian Business Number. For more information about ABNs, visit www.ato.gov.au
Adult industry Activities which are linked commercially to the demand for and supply of sexual behaviour, such as work in adult book shops and movie theatres, as well as work in the sex industry, including prostitution, escort services and the production of pornography.
Advertisement A vacancy listed on the website
Anticipated vacancy Any vacancy which is reasonably expected to become available at a specified date in the future
Australian Enterprise Agreement Enterprise agreements are agreements made at an enterprise level between employers and employees about terms and conditions of employment
Candidate A Job Seeker who applies for a job is referred to as a candidate.
Captcha A Captcha obscures its message from computer interpretation by twisting the letters and adding a background colour gradient.
Certain Wording Inappropriate or unacceptable words and phrases as deemed by the Department of Employment from time to time
Comment Under Connections for Quality, a Comment that is posted by registered users about the statement of claims and quality of services delivered by Employment Service Providers
Connections for Quality A facility where Employment Services Providers can promote their organisation and the range of services available to Job Seekers and Employers against a set of Connections for Quality Service Indicators including the mechanism for Job Seekers and Employers to leave feedback
Commission work Typically involves selling goods or services for a percentage of sales receipts; for example, door-to-door sales or telephone canvassing
Community Development Programme A programme where participants in remote Australia receive personalised assistance from their Employment Services Provider to help build their skills, get a job and to participate in work-like activities that benefit their community (formerly known as the Remote Jobs and Communities Programme)
Department of Employment The Department of Employment provides the government with high quality advice, programmes and services relating to employment and workforce participation
Disability Employment Services Disability Employment Services (DES) is a national network of organisations funded by the Australian Government to help Employers recruit and retain employees with disability
Disability Employment Services Providers Disability Employment Services (DES) Providers are a mix of large, medium and small, for-profit and not-for-profit organisations that support Job Seekers with disability and help businesses to put in place practices that support the employee in the workplace
Employer Refers to a person, business, company or organisation seeking to fill a vacancy (including recruitment agencies) but not an Employment Services Provider
Employment Involves work as an employee for a regular paid SAge or salary as well as conditions of employment such as holiday pay, sick leave, superannuation
Employment Region Means a geographical area identified and displayed at lmip.gov.au, as varied by the Department from time to time at the Department’s absolute discretion.
Employment Service Area A geographical area within a Labour Market Region or LMR. Please note, this applies to Disability Employment Services only.
Employment Services Providers Employment Services Providers is a collective term commonly used for providers, Disability Employment Services providers, the Community Development Programme providers and Transition to Work providers.
Fully Eligible Participant A person, who is identified by DHS, the Department, or the Provider on the Department’s IT Systems as fully eligible for all Employment Provider Services, and includes a Fully Eligible Participant (Mutual Obligation), a Fully Eligible Participant (Voluntary), a Disability Support Pension Recipient (Compulsory Requirements) and any other person identified in any Guidelines, but excludes a Volunteer
Host Employer A business entity which provides work at their work place for staff provided by an On-hire Employer. The Host Employer would normally pay a fee to the On-hire Employer
Independent Contracting/ors or Sub-contracting/ors Independent Contractors or Sub-contractors are not Employees of the organisation for whom they are doing work
Job Seeker A person seeking Employment
Labour Market Region or LMR A geographical area containing a number of Employment Service Areas or ESAs Please note, this applies to Disability Employment Services only.
Logo A recognisable and distinctive visual representation identifying an organisation or business enterprise
Multi-level marketing  Multi-level marketers typically generate income from the purchase and/or sale of a product or service and may derive income in full or in part from the recruitment of participants.
On-hire Employer An entity which typically employs Job Seekers for the purpose of hiring their services out to a Host Employer
On Target Earning (OTE) An incentive based pay package common to sales-personnel.  It usually consists of a basic salary which is supplemented by an additional payment if the Employee performs at or reaches the target set for them.  Performance above the target often results in a higher payment
Position A position refers to the number of job opportunities within a vacancy
Private Job Seeker A person looking for work who has registered with an Employment Services Provider
Public Job Seeker A person looking for work who is not registered with an Employment Services Provider
Pyramid Selling Scheme A trading scheme in which some or all new participants must make a participation payment to one or more other participants in the scheme; and the participation payment is at least substantially induced by the prospect that the participant will be entitled to a recruitment payment for recruiting other participants to the scheme.
Self Employment/Business opportunity These vacancies typically seek capital investment or purchase of stock
TFN Tax File Number
Vacancy A legitimate job being advertised or offered which is currently available and includes business opportunities
Vacancy Description Part of a Vacancy where details regarding the employment opportunity can be entered using free text
Volunteer Means a person who is:
(a) in receipt of Income Support Payments, but:
(i) does not have Mutual Obligation Requirements; or
(ii) is not a Disability Support Pension Recipient (Compulsory Requirements);
(b) a full-time student seeking an apprenticeship or traineeship;
(c) not in receipt of Income Support Payments and is not:
(i) undertaking Full-Time Study, unless the purpose for seeking Services from the Provider is to obtain an apprenticeship or traineeship;
(ii) Employed for 15 hours or more each week;
(iii) an overseas visitor on a working holiday visa or an overseas student studying in Australia; or
(iv) prohibited by law from working in Australia; or
(d) otherwise identified by the Department as being a Volunteer, from time to time,
and volunteers to participate in additional activities.
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