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Dear <#FirstName#>,
The terms of your employment with us are set out in this Agreement. To accept our offer you simply need to click the 'Accept' button after you've read and understood the rules of the game set out in this Agreement. If you have any questions, please don't hesitate to let us know.
1
Your
role in the team
(a) Details of your role, including your Position, Hours of Work, Location, and Commencement Date are set out in the Schedule.
(b) Because you are a casual employee, there is no guarantee of ongoing employment. The duration and frequency of any period of casual employment will depend on our business needs.
(c)
During
your time with us, there are some key rules you need to follow both on and off
the court:
(i) use your best endeavours to promote our interests;
(ii) give the whole of your working time, ability and attention to our business and affairs;
(iii) faithfully and diligently perform your duties; and
(iv) comply with all directions we give you, including those given in any policy or procedure.
(d)
As part of our team, we expect that
you will avoid situations that could give rise to an actual or perceived
conflict of interest.
(i)
Before
accepting your role with us, you must tell us in writing if you are considering
engaging in any other employment or paid activities while you are part of our
team and/or you or any of your immediate family members (for example
spouse/partner, parent/stepparent or child/stepchild) have any tennis related
business interests or any other business interests which could give rise to an
actual or perceived conflict of interest or otherwise impact on the performance
of your duties. Your offer of employment is subject to us reaching agreement on
the management of such matters before you commence your employment.
(ii)
While
you are employed with us you must:
(A)
not
be involved in the conduct or set up of any business in competition with our
business or derive an income from such a business;
(B)
not
engage in any other employment or paid activity that could give rise to an
actual or perceived conflict of interest or could otherwise impact on the
performance of your duties without our prior written consent;
(C)
not
make any decisions which will give you, or any person or business related to
you, a financial benefit; and
(D)
tell
us in writing if any of your immediate family members (for example
spouse/partner, parent/stepparent or child/stepchild)
have any tennis related business interests or any other business interests
which could give rise to an actual or perceived conflict of interest or otherwise
impact on the performance of your duties.
(e) Our team includes people from all over the world and so you agree to provide evidence of your entitlement to be employed by us in Australia if we ask for it. If at any time you are not legally entitled to be employed by us in Australia, you must tell us immediately. If this happens we may end your employment immediately.
(f) We may conduct reference and other background checks on you. If we are not satisfied with the results we may end your employment immediately.
(g) From time to time, to meet the needs of our entire team, we may need to vary the title of your position, your duties, reporting lines, hours of work and work location. Even if we make any such changes, unless we vary or replace this Agreement in writing, this Agreement will continue to apply.
2
Prize
money
(a) We want to reward you for being a valued member of our team. The Schedule includes details of your Hourly Rate.
(b) Your Hourly Rate has been calculated to reflect your casual employment status.
(c) In addition to your Hourly Rate, we will pay you a 25% casual loading to compensate you for all National Employment Standards entitlements that permanent employees receive, but which you do not receive as a casual employee.
(d) You agree that you will be paid fortnightly into the financial institution account that you nominate, less applicable tax, or where you are working the Australian Open Qualifying, within 7 days of the end of the Australian Open Qualifying event.
(e) Where applicable, we will also make superannuation contributions of such amount as is required to discharge our superannuation guarantee obligations to you. We will pay your superannuation contributions into a complying superannuation fund of your choice or our default superannuation fund.
(f) From time to time, we may review your Hourly Rate.
(g) Both during your employment with us and after you've left, you agree that we may deduct any amount that you owe us from any amount payable to you.
(h)
If a modern award applies to your employment, it
does not form part of this Agreement but applies as a matter of law. You agree
that your Total Remuneration Package can be used to set off all entitlements
under any applicable award, such as payment of allowances, shift and penalty
rates, overtime, and leave loading.
As a casual employee you will not be entitled to any paid leave other than long service leave to which you may be entitled under applicable legislation.
All good things must come to an end. As a casual employee, your employment with us will cease at the end of each shift. If you decide to move on, you can tell us and your employment will cease immediately.
Following the end of your employment with us, you must not represent yourself as being in any way connected with our business.
If the event is cancelled, or we determine that your role is no longer required, your employment will cease immediately. Further, as a casual employee, there is no guarantee of ongoing work with us after the event. If you want to work with us at future events, you will be required go through our usual recruitment processes.
During your time with our team, it's your responsibility to remain familiar with all our policies and procedures and comply with them. You acknowledge that from time to time we may vary, replace or discontinue these policies and procedures and that they don't form part of this Agreement.
As an Official, it is also your responsibility to remain familiar with comply with the relevant ITF, WTA and ATP policies, procedures and by-laws including the Code for Officials, Anti-Doping Policy and Tennis Anti-Corruption Program.
Some
things just shouldn't be shared. You agree that both during and after your
employment you will only disclose or use Confidential Information in the
performance of your role, with our prior written consent or if you are required
to disclose it by law.
If you receive any queries from the media or requests for public statements or public presentations, please refer the queries or requests to the Chief Umpire.
Confidential Information includes: any formulae,
technical information, plan, product specifications or trade secrets related to
our business; any other commercially sensitive or valuable information, whether oral, written or recorded
electronically and including all copies or extracts, known to you or in your
possession or control, relating to our affairs, transactions, customers,
business or employees; and any confidential information that may come into your
possession or control in the course of and by reason of your employment with
us, whether or not the information was originally supplied by us.
It's important that at all times you protect our property and let us know immediately if any of our property has been stolen, lost, damaged or neglected. You agree that at the end of your employment and whenever requested by us, you will return all of our property and permanently delete any of our Confidential Information and Intellectual property that is on any of your personal devices.
8
Intellectual
property
(a) To help us protect Our Intellectual Property you:
(i) acknowledge that the rights to and subsisting in all of Our Intellectual Property will be our exclusive property;
(ii) assign irrevocably to us your entire (if any) right, title, interest in and to all of Our Intellectual Property and agree promptly to do all things necessary to assign those rights to us;
(iii) will promptly and fully disclose to us the subject matter of any of Our Intellectual Property and any Intellectual Property known by you to have been developed by any other of our team members; and
(iv) must not use or disclose any of Our Intellectual Property except as required to discharge your duties to us, both during and after your employment.
(b) To ensure we don't double fault you:
(i) must not act in any way during your employment that infringes the Intellectual Property of any third party; and
(ii) agree that whenever you produce work in the course of your employment that contains Intellectual Property owned by a third party, you must obtain all necessary consents and licences from that third party for use of that Intellectual Property.
(c) Intellectual Property means:
(i) all rights conferred by statute, common law or in equity and subsisting anywhere in the world in relation to copyright, inventions (including patents, innovation patents and utility models), Confidential Information, technical data and know-how, registered and unregistered designs, and registered and unregistered trademarks; and
(ii) any other rights resulting from intellectual activity in the industrial, commercial, scientific, literary or artistic fields which subsist or may hereafter subsist,
but excludes moral rights, and similar personal rights, which by law are non-assignable.
(d)
Our Intellectual Property means all
Intellectual Property arising out of or in relation to anything invented,
created, produced, developed or conceived by you,
whether alone or jointly with another person, in the course of your employment.
9
Moral
rights
(a) In relation to any moral rights that may arise by operation of the Copyright Act 1968 (Cth) in respect of any works or other subject matter created by you in the course of your employment (the Works), you irrevocably and unconditionally consent to us and any person licensed or authorised by us making any use of the Works and the copyright in them as we think fit, including use that, but for the consent, would or might infringe those moral rights, such as making additions or alterations, or publishing or distributing the materials under our name or any of its directors, without needing to identify you as the author of the Works.
(b)
You agree that this consent continues both
during and after your employment and extends to any use that would or might,
apart from this consent, infringe any moral rights or similar non-assignable
personal rights that you may have in connection with the Works in
Just like Hawk Eye during a match, we may use software and other technologies to monitor your use of any of our computer equipment, phone and mobile systems and other information systems. You agree that we may also carry out camera surveillance on and around our premises.
11
Information
about you
12
The
technical stuff
(a) No matter how international tennis may be, this Agreement is subject to the Governing Law specified in the Schedule.
(b) While we love being out on the court, sometimes even we forget to exercise. A failure or a delay in exercising any right, power or remedy under the Agreement does not operate as a waiver.
(c) If any provision of this Agreement is prohibited or unenforceable, it will be ineffective to the extent of the prohibition or unenforceability, but it will not invalidate the remaining provisions of this Agreement.
(d) This Agreement may be amended only by a further agreement in writing by you and us.
(e) We're all about making it clear what the rules of the game are. That's why this Agreement contains the entire agreement between us with respect to the terms of your employment.
We are so excited that you are part of the Tennis family and hope that you are too! To accept our offer you simply need to click the 'Accept' button after you have read and understood the rules of the game set out in this Agreement. If you have any questions, please don't hesitate to let us know.
Yours sincerely
Kate Nuttall
Chief Diversity & People Officer
Tennis Australia
(a) Employee |
<#FirstName#> <#Surname#> (you) |
|
(b) Employer |
Tennis Australia Ltd ABN 61 006 281 125 (we, us or our) |
|
(c) Position |
Official |
|
(d) Status |
Casual |
|
(e) Hours of work |
We may offer you work from time to time on the days and times we choose. You may accept or reject each assignment of work offered to you in your My Calendar on our member’s website at officiating.tennis.com.au. |
|
(f) Location |
Your location will be determined by the
selections in your My Calendar. |
|
(g) Commencement Date |
Your date of engagement will be determined by the selections in your My Calendar. |
|
(h) Pay Rates |
For all days worked, you will be paid the relevant
Hourly Rate set out in the Pay Rates Schedules. On top of the Hourly Rate, you will be paid 25% casual loading, as set out in the Pay Rates Schedules. |
|
(i) Minimum Daily Payment |
For all days worked, you will be entitled
to a Minimum Daily Payment set out in the relevant Pay Rates Schedule, even
if you have worked less hours. |
|
(j) Additional Hours |
If you work more hours than is covered by
the Minimum Daily Payment, you will be paid the Hourly Rate for each
additional hour worked, pro-rated in 15-minute intervals. |
|
(k) Breaks |
For Junior
Nationals, ITF Juniors, ITF Wheelchairs, UTR Pro Tennis events, ATP Challengers and ITF World
Tennis Tour Men’s & Women’s events, you will be entitled to one 30-minute unpaid break if you work 8 hours
or more. For Open Competition (Open,
Signature, Premier series events and ITF Masters events), you will be entitled to one 30-minute unpaid
break if you work 6 hours or more, and an additional 30-minute unpaid break
if you work 10 hours or more. |
|
(l) Governing Law |
Victoria, Australia |
|
(m) Travel (if required) |
We will book and
pay for, or fully reimburse, 1 x
return flight from your nearest capital city to the city of your appointment
as required. If you live within 40km of the event or league site you will cover your own travel costs. If you live between 40-74km from the event or league site you will be paid travel costs at a rate of 18 cents per km. If you live further than 75km from the event or league site you will be paid travel costs at a rate of 36 cents per km. http://maps.google.com will used to determine distance. |
|
(n) Accommodation (if required) |
We will book and pay for accommodation at a hotel of our choosing as required. |
Appendix 1. Pay Rates Schedule
|
Junior Nationals, ITF
Juniors, ITF Wheelchairs, UTR Pro Tennis events |
|||||||
|
Role |
Hourly Base Rate |
Casual Loading |
Total Hourly Rate |
Minimum Daily Payment |
Additional Hours incur the Hourly Rate |
Daily Meal Allowance (if accommodated) |
Daily Meal Allowance (if not accommodated) |
|
Line Umpire |
$23.23 |
$5.81 |
$29.04 |
$218 |
In excess of 8 hours |
$59 |
$16 |
|
Court Supervisor/Line Umpire Coordinator |
$23.23 |
$5.81 |
$29.04 |
$223 |
In excess of 8 hours |
$59 |
$16 |
|
Chair/Coach (National/White)/Lines Coach |
$23.23 |
$5.81 |
$29.04 |
$232 |
In excess of 8.5 hours |
$59 |
$16 |
|
Chair/Coach (Bronze) |
$23.23 |
$5.81 |
$29.04 |
$252 |
In excess of 9 hours |
$59 |
$16 |
|
Asst Chief Umpire |
$23.23 |
$5.81 |
$29.04 |
$252 |
In excess of 9 hours |
$59 |
$16 |
|
Chief Umpire |
$23.23 |
$5.81 |
$29.04 |
$262 |
In excess of 9.5 hours |
$59 |
$16 |
|
Asst Referee/Traralgon Chief |
$23.23 |
$5.81 |
$29.04 |
$295 |
In excess of 10.5 hours |
$59 |
$16 |
|
Supervisor/Referee |
$23.23 |
$5.81 |
$29.04 |
$307 |
In excess of 11 hours |
$59 |
$16 |
Appendix 2. Pay Rates Schedule
|
ITF World Tennis Tour Men's &
Women's events |
|||||||
|
Role |
Hourly Base Rate |
Casual Loading |
Total Hourly Rate |
Minimum Daily Payment |
Additional Hours incur the Hourly Rate |
Daily Meal Allowance (if accommodated) |
Daily Meal Allowance (if not accommodated) |
|
Line Umpire |
$23.23 |
$5.81 |
$29.04 |
$218 |
In excess of 8 hours |
$72 |
$16 |
|
Court Supervisor/Line Umpire Coordinator |
$23.23 |
$5.81 |
$29.04 |
$232 |
In excess of 8.5 hours |
$72 |
$16 |
|
Chair/Coach (National/White)/Lines Coach |
$23.23 |
$5.81 |
$29.04 |
$241 |
In excess of 8.75 hours |
$72 |
$16 |
|
Chair/Coach (Bronze) |
$23.23 |
$5.81 |
$29.04 |
$272 |
In excess of 9.75 hours |
$72 |
$16 |
|
Chair/Coach (Gold/Silver) |
$23.23 |
$5.81 |
$29.04 |
$303 |
In excess of 10.75 hours |
$72 |
$16 |
|
ATP Designate Chair (Bronze) |
$23.23 |
$5.81 |
$29.04 |
247USD |
In excess of 13.25 hours |
$72 |
$16 |
|
ATP Designate Chair (Silver/Gold) |
$23.23 |
$5.81 |
$29.04 |
278USD |
In excess of 14.75 hours |
$72 |
$16 |
|
Asst Chief Umpire/Asst Referee |
$23.23 |
$5.81 |
$29.04 |
$261 |
In excess of 9.5 hours |
$72 |
$16 |
|
Chief Umpire |
$23.23 |
$5.81 |
$29.04 |
$308 |
In excess of 11 hours |
$72 |
$16 |
|
Referee |
$23.23 |
$5.81 |
$29.04 |
$308 |
In excess of 11 hours |
$72 |
$16 |
|
ATP Referee |
$23.23 |
$5.81 |
$29.04 |
$319 |
In excess of 11.5 hours |
$72 |
$16 |
|
Single Pro Tour Supervisor |
$23.23 |
$5.81 |
$29.04 |
$349 |
In excess of 12.5 hours |
$72 |
$16 |
|
Combined Pro Tour Supervisor |
$23.23 |
$5.81 |
$29.04 |
$430 |
In excess of 15.25 hours |
$72 |
$16 |
Appendix 3. Pay Rates
Schedule
|
Open Competition -
Open/Signature/Premier Series events/ITF Masters |
|||||||
|
Role |
Hourly Base Rate |
Casual Loading |
Total Hourly Rate |
Minimum Daily Payment |
Additional Hours incur the Hourly Rate |
Daily Meal Allowance (if accommodated) |
Daily Meal Allowance (travelling from home) |
|
Line Umpire |
$23.23 |
$5.81 |
$29.04 |
$116.16 |
In excess of 4 hours |
$59 |
$16 |
|
Court Supervisor |
$23.23 |
$5.81 |
$29.04 |
$116.16 |
In excess of 4 hours |
$59 |
$16 |
|
Chair Umpire |
$23.23 |
$5.81 |
$29.04 |
$116.16 |
In excess of 4 hours |
$59 |
$16 |
|
Venue Supervisor |
$24.40 |
$6.10 |
$30.50 |
$122.00 |
In excess of 4 hours |
$59 |
$16 |
|
Referee |
$26.40 |
$6.60 |
$33.00 |
$132.00 |
In excess of 4 hours |
$59 |
$16 |
|
|
|||||||
|
Coach - Line Umpire |
$25.40 |
$6.35 |
$31.75 |
$127.00 |
In excess of 4 hours |
$59 |
$16 |
|
Coach - Court Supervisor |
$25.40 |
$6.35 |
$31.75 |
$127.00 |
In excess of 4 hours |
$59 |
$16 |
|
Coach - Chair Umpire |
$25.40 |
$6.35 |
$31.75 |
$127.00 |
In excess of 4 hours |
$59 |
$16 |
|
Coach - Venue Supervisor |
$26.60 |
$6.65 |
$33.25 |
$133.00 |
In excess of 4 hours |
$59 |
$16 |
|
Coach - Referee |
$28.80 |
$7.20 |
$36.00 |
$144.00 |
In excess of 4 hours |
$59 |
$16 |