Recruitment Terms of Business (Employers)

Last updated: 1 September 2026

Draft for legal review. Items marked [REVIEW: …] require sign-off from an Australian tech/privacy lawyer before being relied on commercially.

1. Scope — permanent recruitment only

Apex Workforce Development Pty Ltd (ABN [REVIEW: ABN]) ("Apex") provides permanent placement (introduction) services only. Apex does not employ candidates, does not pay their wages, superannuation or insurances, and does not supply workers to perform work for or at the direction of the Client. Any candidate engaged is employed directly by the Client on the Client's own terms.

[REVIEW: confirm with an Australian employment lawyer that the service, as delivered, sits outside the definition of a "labour hire provider" under the Labour Hire Licensing Act 2018 (Vic) and the equivalent QLD, SA and ACT schemes. Any move to on-hire, contract placement, payrolling or supplying workers to a host requires a licence before it starts.]

2. How an introduction happens

The Client provides a role brief (duties, licences/tickets required, location, salary range).
Apex searches PeopleIQ wallet holders who have personally opted in to being contacted about opportunities, plus its own network.
Apex contacts suitable candidates privately. No candidate information is disclosed to the Client at this stage.
The candidate gives specific, recorded consent to be introduced to the named Client for the named role.
Apex then provides the candidate's details to the Client.

3. Placement fee

15% of the candidate's first-year base salary (excluding superannuation, bonuses and allowances), plus GST.
For hourly-paid roles, the fee is calculated on the the annualised equivalent of the agreed ordinary hourly rate multiplied by the agreed ordinary hours per week and 52 weeks.
No successful placement, no fee. The fee becomes payable on the candidate's first day of employment.
Invoices are payable within 14 days. Overdue amounts may attract interest at [REVIEW: rate — keep at or below a defensible commercial rate].
Where the salary is not fixed at the time of engagement, the fee is calculated on the annualised base salary stated in the candidate's written offer.

4. Introductions and candidate ownership

An "Introduction" means Apex providing the Client with information identifying a candidate.
The fee is payable if the Client (or a related body corporate, or a third party the Client refers the candidate to) engages an introduced candidate in any capacity within 12 months of the Introduction — whether or not for the original role.
If the Client has a demonstrable prior relationship with the candidate, it must notify Apex in writing within 5 business days of the Introduction, with evidence.

5. Replacement guarantee

If a placed candidate resigns or is terminated for performance within 90 days of starting, Apex will search for one replacement at no further placement fee, provided the invoice is paid in full and Apex is notified in writing within 7 days of the employment ending.
The guarantee does not apply to redundancy, restructure, role change, unpaid invoices, or a material misstatement of the role by the Client.
Refunds are not offered in place of a replacement, except where required by the Australian Consumer Law. See our Refund Policy.

6. Client obligations

Provide accurate role, salary and site information.
Carry out its own final verification of licences, tickets, right to work, and any medical or police checks required for the role.
Comply with its own obligations under the Fair Work Act 2009 (Cth), work health and safety laws, and anti-discrimination laws.
Not disclose candidate information to any third party, or use it for any purpose other than assessing the candidate for the role.

7. Candidate information and privacy

Candidate information is disclosed only with the candidate's specific, recorded consent to that introduction (Australian Privacy Principle 6). Apex records the wording, version and timestamp of every consent.
A candidate may withdraw consent at any time before commencing. Apex will notify the Client, and the Client must cease processing and delete or return the candidate's information on request.
Apex screens on capability only — licences, tickets, qualifications, availability and location. Apex will not screen or shortlist on any protected attribute, and will not act on a Client instruction to do so.
Apex never charges a candidate a fee for work-finding services.

8. Confidentiality

Each party will keep the other's confidential information (including role briefs, salary information, candidate details and these commercial terms) confidential and use it only for the purposes of the engagement.

9. Liability and disclaimers

Apex introduces candidates; it does not warrant a candidate's performance, suitability, honesty, or ongoing employment.
Information about a candidate's licences and qualifications is largely supplied by the candidate or their employer. The Client remains responsible for final verification with the issuing authority.
To the extent permitted by law, Apex's aggregate liability is capped at the placement fee paid for the relevant placement. Nothing limits rights under the Australian Consumer Law.

10. Relationship with PeopleIQ subscriptions

Recruitment services are separate from, and not conditional on, a PeopleIQ subscription. Subscription terms are in our Terms of Service.

11. Governing law

These terms are governed by the laws of Victoria, Australia.

12. Contact

info@apexworkforce.com.au