Shine Disability Care
Subcontractor Agreement with Superannuation
Principal Contractor
Provider: Shine Disability Care
ABN: 31 645 742 025
Address: A1 Maroochydore, Tenancy 201, Level 2/41 First Ave, Maroochydore QLD 4558
Subcontractor
The undersigned subcontractor providing services under this agreement.
Collectively referred to as "Parties."
1. Scope of Work
The Subcontractor agrees to provide the following services:
- Disability Support Work
All services must comply with the National Disability Insurance Scheme (NDIS) standards and any specific guidelines provided by Shine Disability Care.
2. Term
This Agreement begins immediately and continues until terminated by either Party under Section 9.
3. Compensation
The Principal Contractor agrees to pay the Subcontractor:
| Day | Rate (+ Superannuation 12%) |
|---|---|
| Monday to Friday | $44.84 + Super (12%) / hour |
| Saturday | $49.33 + Super (12%) / hour |
| Sunday | $58.30 + Super (12%) / hour |
| Travel with Participant | $0.80 / kilometre driven |
Any outside normal working hours are to be negotiated.
Payment will be made within 7 days of receiving an accurate invoice. Invoices must include details of services provided and the corresponding dates.
4. Obligations of the Subcontractor
The Subcontractor shall:
- Perform all services in a professional, ethical, and competent manner.
- Maintain current and valid insurance, including public liability and professional indemnity, and provide proof upon request.
- Hold all required certifications, including NDIS Worker Screening clearance and any relevant qualifications.
- Ensure compliance with Shine Disability Care's policies, procedures, and applicable laws.
- Maintain confidentiality of all client information in accordance with Shine Disability Care's privacy policy.
5. Non-Compete
During the term of this Agreement and for a period of 12 months after its termination, the Subcontractor agrees not to directly or indirectly breach the following:
- This non-compete clause applies within Queensland, NSW or any area where Shine Disability Care operates.
- A breach of this clause will result in the Subcontractor being liable for any damages and losses incurred by Shine Disability Care.
6. Relationship of the Parties
The Subcontractor is engaged as an independent contractor, not an employee, agent, or partner of Shine Disability Care.
The Subcontractor is responsible for all their taxes, superannuation, and any other employment obligations.
7. Confidentiality
The Subcontractor agrees to:
- Keep all business and client information confidential.
- Not disclose any confidential information without prior written consent from Shine Disability Care, except as required by law.
8. Indemnity
The Subcontractor indemnifies and holds Shine Disability Care harmless from any claims, liabilities, or losses arising from the Subcontractor's services, except where caused by the Principal Contractor's negligence.
9. Termination
Either Party may terminate this Agreement with 7 days' written notice. Immediate termination may occur if:
- There is a breach of this Agreement.
- The Subcontractor engages in misconduct or unlawful behavior.
- The participant that you have been contracted to work with is no longer with Shine Disability Care.
Early Termination Consequences: In the event that this Agreement is terminated early without adherence to any of the provisions outlined in the Termination section, Shine Disability Care reserves the right to seek compensation for the full amount of any lost work. Additionally, Shine Disability Care may pursue damages for any participant loss resulting from the early termination.
10. Entire Agreement
This Agreement represents the entire understanding between the Parties and supersedes all prior negotiations or agreements.
11. Governing Law
This Agreement is governed by the laws of Queensland, Australia.
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