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Dear <#FirstName#>,
We're delighted to have you in the Tennis family for the Australian Open 2022.
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.
(e) 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.
(a) 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.
(b) Following the end of your employment with us, you must not represent yourself as being in any way connected with our business.
(c) 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.
6 Quiet please
(a) 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.
(b) 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.
(c) 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 Australia or anywhere in the world.
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
Scott Glover
Director People & Culture
Tennis Australia
Schedule
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(a) Employee |
(you) |
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(b) Employer |
Tennis Australia Ltd ABN 61 006 281 125 (we, us or our) |
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(c) Position |
Official |
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(d) Status |
Casual |
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(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. Your roster will be available in My Calendar at officiating.tennis.com.au |
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(f) Location |
You will be based at Melbourne Park, unless we tell you otherwise. |
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(g) Commencement Date |
Your first engagement will be the first date in which you are rostered. |
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(h) Hourly Rate |
Australian Open Qualifying 2022 (week of Monday 10 January 2022) As <#Position#> your minimum daily payment for Australian Open Qualifying 2022 will be <#PayRateQF#>. Your Hourly Rate during Australian Open Qualifying 2022 will be <#HourlyRateQF#> per hour. In addition to your Hourly Rate, we will pay you a 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. Your casual loading will be: <#CasualLoadingQF#> per hour (i.e., 25% of the Hourly Rate). This means that in total you will be paid: <#TotalHourlyRateQF#> per hour.
Australian Open 2022 (Monday 17 January – Sunday 30 January 2022) As <#Position#> your minimum daily payment for Australian Open 2022 will be <#PayRateMD#>. Your Hourly Rate during the Australian Open 2022 will be <#HourlyRateMD#> per hour. In addition to your Hourly Rate, we will pay you a 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. Your casual loading will be: <#CasualLoadingMD#> per hour (i.e., 25% of the Hourly Rate). This means that in total you will be paid: <#TotalHourlyRateMD#> per hour. |
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(i) Unpaid Breaks |
For a shift of 10 hours or more you must take a total of 1.5 hours of unpaid breaks. |
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(j) Hours in excess of 10 hours. |
If you are required to work in excess of 10 hours (including 1.5 hours unpaid breaks) on any given day you will receive 1.5x your hourly rate for each additional hour worked after 10 hours, pro-rated to 15-minute intervals. |
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(k) Governing Law |
Victoria
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Special Conditions – Non-Victorian Officials only |
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(i) Travel |
We will book and pay for, or fully reimburse, the following economy flights on an airline of our choosing: 1 x return flight from your nearest capital city to Melbourne, Victoria. |
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(ii) Accommodation |
We will book and pay for apartment style accommodation at a hotel of our choosing as required. |
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(iii) Quarantine |
If you are required to quarantine in line with current government restrictions, you agree to do so and cooperate with any direction by us or the Victorian Government. |