Terms of Engagament

TERMS OF ENGAGEMENT

GLOBAL CAREERS AFRICA PROGRAM (“GCA Program”)

1. DEFINITIONS

In these Terms of Engagement, unless the context otherwise requires:

Job requisition means an instruction from RCSA Member to GCA, including a job description and role requirements in the specified format, to either:

a) compile a shortlist of suitably qualified candidates on behalf of RCSA Member’s client with the view that this will convert to a placement; or

b) arrange interviews with a shortlist of candidates identified by the RCSA Member as being suitable for the RCSA Member’s client with the view that this will convert to a placement

Talent Pool means a technology platform governed by RCSA

GCA talent pool means an array of job seeking individuals who have been vetted and pre-qualified to participate in the GCA Program for potential placement

Placement means a candidate successfully achieving and accepting an offer of placement and a contract of employment, who presents for work with the RCSA Member client on the agreed start date, having completed all required onboarding procedures

Start date means the date on which a candidate will commence their employment and placement

Candidate means a member of the GCA talent pool

Offer of placement means an instruction from an RCSA Member’s client to engage a candidate to progress to placement

Contract of employment means a legally binding agreement between a candidate and GCA to be employed by GCA for the purposes of fulfilling the placement

Contract of engagement means a commercial agreement between GCA and RCSA Member’s client for the provision of services which will enable the fulfilment of a placement

Onboarding procedures means the steps required of the candidate and GCA to ensure the candidate can present for work on the start date

Shortlist means the candidates identified by GCA or the RCSA Member from the GCA talent pool as being the best match to a job requisition

Re-work means any part of a job requisition that needs to be completed again at the request of any party

RCSA Member’s client means a business engaged by the RCSA member on its own commercial terms with the view to achieving a placement under the GCA Program

2. OBLIGATIONS OF THE PARTIES

a. Obligations of RCSA

i. RCSA will provide oversight and governance of the GCA Program as it pertains to the placement of candidates from the GCA talent pool, via RCSA Members, across Australia and New Zealand.

ii. RCSA will make available for access and use the Talent Pool platform for both RCSA Member and GCA in accordance with the Talent Pool Terms of Use.

iii. If Talent Pool is not available for use for the GCA Program, RCSA will provide governance and instructions on how job requisitions will be raised

iv. RCSA will provide proper education and instruction to RCSA Member on the operation of the GCA Program

v. RCSA will act as mediator in any dispute resolution which may arise between GCA and RCSA Member under this agreement

b. Obligations of GCA

i. GCA will make available on Talent Pool its full database of pre-qualified talent for search and view by RCSA Member.

ii. GCA will make available on Talent Pool all data points and particulars of pre-qualified talent relevant to a job search, including but not limited to, name, country of residence, redacted CV, work history, skills and experience, professional qualifications and memberships, and desired salary.

iii. Where RCSA Member raises a job requisition and requests GCA to perform the shortlisting for that job, GCA will perform a search of its database on behalf of RCSA Member and provide a suitably qualified shortlist of candidates to RCSA Member:

1. Of no less than three (3) candidates; and

2. Within seven (7) business days

iv. Further to sub-paragraph iii above, if GCA needs to perform talent attraction activities for the purpose of providing a suitably qualified shortlist to RCSA Member i.e. there is insufficient qualified talent within its talent pools at the time the job requisition is raised, the time to provide a suitably qualified shortlist of candidates is extended to 14 days unless otherwise agreed by both GCA and RCSA Member

v. In the event GCA cannot fulfil its obligations under sub-paragraphs iii and iv above, it must notify RCSA Member as soon as possible and advise on the steps it will take to fulfil the job requisition

vi. If RCSA Member selects a candidate for interview, GCA must:

1. ensure the candidate presents at interview with the RCSA Member;

2. further to (1), ensures the candidate is available to present at interview within 3 Australian business days from the initial interview request;

3. Have a representative attend the interview alongside the candidate, though should not interfere with the interview or attempt to answer any questions on behalf of the candidate;

vii. If RCSA Member client wishes to interview a candidate from the GCA talent pool, GCA must:

1. Cooperate with RCSA Member to schedule interviews with the RCSA Member’s client at a time selected by the RCSA Member’s client

2. Ensure the candidate is available to interview at the scheduled time;

3. Ensure the candidate is adequately prepared for the interview;

4. Ensure the candidate presents for the interview at the scheduled time

viii. If a candidate is unable to present for a scheduled interview at the agreed time, GCA must notify RCSA Member as soon as possible and cooperate with rescheduling an interview accordingly

ix. If RCSA Member’s client wishes to make an [offer of placement] to a successful candidate in the GCA talent pool, GCA must:

1. notify the successful candidate of the offer of placement;

2. obtain written acceptance / rejection of the offer of placement from the candidate and forward this via email to RCSA Member;

3. issue a Contract of Employment to the successful candidate;

4. issue a Contract of Engagement to the RCSA Member client; and

5. commence and complete its own onboarding procedures to ensure the successful candidate can present for work and perform the necessary job functions specified in the Contract of Employment from the date of its commencement

x. Should any re-work be required at any stage of a recruitment process for a job requisition for any reason, the above obligations apply to the component of re-work

xi. Should any organisation leverage a bank fee of foreign transaction fee on any party in relation to payments relating to the GCA Program, GCA agrees to bear such fees

xii. Unless specifically stated otherwise above, GCA agrees to at all times:

1. act with care, diligence, speed, and professionalism in its dealings with RCSA Member and RCSA Member clients;

2. comply with relevant employment law obligations and terms of Contracts of Employment for candidates successfully placed under the GCA Program;

3. fulfil its post-placement obligations to RCSA Member clients to ensure the ongoing success of candidates placed under the GCA Program, including but not limited to the terms of Contract of Engagement between GCA and the RCSA Member client; and

4. do anything within its control to ensure each job requisition raised can progress to a stage where the candidate passes probation with the RCSA member client.

c. Obligations of RCSA Member

i. RCSA Member will ensure its staff are suitably knowledgeable of the operation of the GCA Program.

ii. RCSA Member will ensure it properly communicates to its current and prospective clients how the GCA Program operates and what it means for them when they make a placement via the GCA Program, including, but not limited to, the need for a separate agreement between GCA and the RCSA Member’s client to fulfil the ongoing daily operation of the placement.

iii. RCSA Member will raise job requisitions under the GCA Program only in the prescribed format (as governed by RCSA), and with sufficient information required in order to conduct a thorough and suitable search and match process for that job requisition. Sufficient information includes but is not limited to a thoroughly completed job description, ideal candidate profile, required skills and experience, required qualifications, required level of language proficiency, and any limitations or restrictions on the eligible talent pool

iv. RCSA Member may only contact GCA candidates when:

1. communication is made within the Talent Pool platform OR via a GCA representative; and

2. communication is made only in relation to a job requisition or for permission to share a candidate profile with a prospective RCSA Member client

v. Representatives of RCSA Member who conduct interviews with GCA candidates should conduct interviews with integrity and respect for the candidate at all times.

vi. When a candidate is selected for interview by an RCSA Member’s client, RCSA Member should provide to GCA and its candidate all materials, guidance, and training necessary to ensure the GCA candidate is adequately prepared for the interview.

vii. If RCSA Member’s client wishes to make an offer of placement to a successful candidate from the GCA talent pool, RCSA Member must notify GCA and the candidate (via GCA) as soon as possible.

viii. If an offer of placement is verbally accepted by a successful candidate from the GCA talent pool, RCSA Member must make an introduction between its client and GCA to commence the onboarding procedure and allow those parties to commence a commercial arrangement to complete the placement through to commencement of ongoing employment.

ix. Should any re-work be required at any stage of a recruitment process for a job requisition for any reason, the above obligations apply to the component of re-work.

x. If an RCSA Member’s client cancels a job requisition, RCSA Member must notify GCA immediately.

xi. RCSA Member client must maintain accurate and proper records of all activities relating to the GCA Program.

xii. RCSA Member must provide monthly reporting to GCA and RCSA on specific activity relating to their engagement with the GCA Program in the prescribed format, which must include, at a minimum, the following.

1. No. of Jobs Raised.

2. No. of Interviews conducted by RCSA Member.

3. No. of Shortlists sent to clients.

4. No. of CCIVs (Candidate-Client Interviews).

5. No. of Offers.

6. No. of Placements (by Start Date).

xiii. Unless specifically stated otherwise above, RCSA Member agrees to undertake the following at all times:

1. Act with care, diligence, speed, and professionalism in its dealings with GCA and its candidates;

2. Do anything within its control to ensure each job requisition can progress to a stage where the candidate passes probation with the RCSA member client. This may include but is not limited to, relaying client feedback regarding the performance of the candidate and providing additional guidance, training or advice to the candidate to ensure they can be successful.

3. REFERRAL FEE FOR PLACEMENT OF SUCCESSFUL CANDIDATES

a. GCA will offer RCSA Member a referral fee of:

i. AUD$2,000 per placement for an Australian-based RCSA Member; or

ii. NZD$2,000 per placement for a New Zealand-based RCSA Member

b. The referral fee may be pro-rated in circumstances where the placement is not on a full-time, permanent, ongoing basis at the discretion of GCA. In these instances, GCA commits to providing RCSA Member of clarity in relation to the calculation of the referral fee in advance of an offer of placement for any job requisition

c. The referral fee is conditional upon the following:

i. Strict adherence to these Terms of Engagement; and

ii. The placed candidate successfully completing [3 months] of employment with the RCSA Member’s client

d. The referral fee is due and payable only after the successfully placed candidate has completed [3 months] of employment with the RCSA Member’s client

e. The referral fee can only be claimed via invoice directly to GCA on [30 day payment terms].

f. The referral fee does not attract GST

g. For the avoidance of doubt, a referral fee:

i. May only be claimed once per candidate, per job; and

ii. Has no relationship to the commercial terms between the RCSA Member and its clients as it may relate to placement guarantee periods, for example

4. TERM

a. This agreement commences on the Commencement Date and continues until it is terminated in accordance with this agreement

b. Either party may terminate this agreement without cause on at least 90 days' prior written notice to the other parties

c. Either party may terminate this agreement immediately on written notice to the other if:

i. the other party has breached this agreement and the breach is incapable of remedy or the other party has failed to remedy the breach within 15 Business Days of receipt of a written notice requesting that the breach be remedied; or

ii. The RCSA or GCA withdraws the GCA Program from being available for participation by RCSA Members; or

iii. One of the parties has a liquidator, receiver, manager and receiver or administrator appointed, or is unable to pay its debts as and when they fall due.

d. Upon termination, any outstanding an unpaid referral fees become due and payable to the RCSA Member within seven (7) days of the termination date.

Global Careers Africa Program Charter