SHYFT AGENCY PTY LTD

Candidate Terms & Conditions

Last Updated: December 2025

These Terms & Conditions govern all services provided by SHYFT Agency Pty Ltd (ACN 692 060 709) (“SHYFT”, “we”, “us”, “our”) to the clinic, practice or business (“Client”, “you”).

By submitting a booking, engaging Agency Staff, or using any of our services, you agree to be bound by these Terms & Conditions.

Candidate Terms & Conditions – Index

1. Definitions

2. Application & Acceptance

3. Accuracy of Information

4. No Guarantee of Work

5. Engagement Types

6. Candidate Availability & Acceptance of Work

7. Compliance, Credentials & Checks

8. Work Health & Safety (WHS) and Psychosocial Safety

9. Professional Conduct & Performance

10. Confidentiality & Privacy

11. Health, Safety & Fitness for Work

12. Cancellations, No-Shows & Reliability

13. Payment (Where Applicable)

14. Limitation of Liability

15. Indemnity

16. Use of Information & Privacy

17. Data Handling

18. Confidentiality of Clinic & Patient Information

19. Confidentiality of Agency Operations

20. Disputes & Complaints

21. Variation, Severability & Governing Law

22. Acceptance

1. DEFINITIONS

IIn these Terms & Conditions:
“SHYFT”, “we”, “us”, “our” refers to SHYFT Agency Pty Ltd (ACN 692 060 709).
“Candidate”, “you”, “your” refers to any individual applying for or accepting work through SHYFT.
“Client” refers to any clinic, practice, or business engaging staff through SHYFT.
“Placement” includes temporary shifts, short-term assignments, contract roles, or permanent placements.

2. Application & Acceptance

By submitting an application, form, or expression of interest to SHYFT, you acknowledge that:

You are seeking potential work opportunities

You understand SHYFT acts as an intermediary between candidates and clients

You agree to be bound by these Terms & Conditions

3. Accuracy of Information

You confirm that all information provided to SHYFT is true, accurate, current, and complete.
SHYFT reserves the right to suspend or remove you from consideration if any information is found to be false, misleading, or incomplete.

4. No Guarantee of Work

Submission of an application does not guarantee work, shifts, income, or placement.
All opportunities depend on client needs, availability, suitability, and compliance.

5. Engagement Types

Placements may include temporary, casual, contract, or permanent roles.
The nature of each engagement will be confirmed at the time of offer and may vary between assignments.

6. Candidate Availability & Acceptance of Work

You are responsible for keeping your availability accurate and up to date.
You retain the right to accept or decline any offered assignment.
Repeated declines without reasonable explanation may affect future opportunities.

7. Compliance, Credentials & Checks

You consent to SHYFT verifying:

Qualifications and registrations

Right to work in Australia

Police checks, WWCC, vaccinations, or other industry requirements

References and employment history

Failure to maintain required compliance may result in removal from assignments.

8. WHS & Psychosocial Compliance
The Client acknowledges responsibility as a Person Conducting a Business or Undertaking (PCBU) and agrees to:

Comply with WHS and psychosocial hazard requirements

Identify and manage risks related to workload, bullying, harassment, aggression, isolation and poor communication

Provide a psychologically safe workplace for Agency Staff

9. Professional Conduct & Performance

You agree to perform all duties professionally, ethically, and in accordance with client standards.
Inappropriate behaviour, misconduct, or failure to meet reasonable expectations may result in immediate removal from placements and future opportunities.

10. Confidentiality & Privacy

All client, patient, and workplace information must be treated as strictly confidential.
You must not disclose, record, or misuse confidential information at any time.

11. Health, Safety & Fitness for Work

You confirm that you are physically and mentally fit to perform assigned duties.
You must comply with all workplace health and safety requirements.
SHYFT is not responsible for workplace incidents beyond its reasonable control.

12. Cancellations, No-Shows & Reliability

You must notify SHYFT as soon as possible if unable to attend an accepted shift.
Late cancellations or no-shows may result in suspension or removal from future work.

13. Payment (Where Applicable)

Payment terms, rates, and arrangements will be outlined separately where relevant.
SHYFT is not responsible for delays caused by incomplete or incorrect candidate information.

14. Limitation of Liability

To the maximum extent permitted by law, SHYFT is not liable for indirect, incidental, or consequential loss arising from placements or assignments.

15. Indemnity

You agree to indemnify SHYFT against any loss, damage, or claim arising from your breach of these Terms, misconduct, or unlawful actions.

16. Use of Information & Privacy

Your personal information is collected and handled in accordance with SHYFT’s Privacy Policy and applicable Australian privacy laws.

17. Data Handling

SHYFT collects and retains personal information strictly for staffing, recruitment and operational purposes.

Data is managed in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

18. Confidentiality of Clinic & Patient Information

Agency Staff are required to maintain confidentiality regarding any patient or clinic information encountered during assignments.

The Client must not request or store personal information of Staff beyond what is reasonably necessary.

19. Confidentiality of Agency Operations

The Client must not disclose SHYFT’s internal processes, pricing structures, documents, screening methods or systems to third parties without written consent.

20. DISPUTES & COMPLAINTS

Any concern or complaint should be raised with SHYFT promptly in writing.

SHYFT will review and respond within a reasonable timeframe.

Parties agree to attempt good-faith resolution before escalating to external authorities or legal action.

21. VARIATION, SEVERABILITY & GOVERNING LAW

SHYFT may update these Terms from time to time. The most current version will be published on our website.

If any provision is found invalid or unenforceable, the remainder continues in full force.

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of NSW courts.

22. ACCEPTANCE

By submitting your application or accepting work through SHYFT, you confirm that you have read, understood, and agree to these Candidate Terms & Conditions.