LEGAL & COMMERCIAL
Permanent recruitment terms of business
Our terms explain how recruitment fees, guarantees, introductions and payment conditions apply to permanent placements.
These Terms of Business govern the permanent recruitment services provided by Early Years Talent. They explain how recruitment fees, candidate introductions, guarantees, payment terms, privacy and dispute resolution apply when you engage our services.
These Terms form an agreement between the Client and Insight Educational Solutions Pty Ltd (ABN 13679616614), trading as Early Years Talent.
In these Terms, “Early Years Talent”, “we”, “our” and “us” refer to Insight Educational Solutions Pty Ltd.
1. Definitions and interpretation
- Agency means Early Years Talent, a trading name of Insight Educational Solutions Pty Ltd (ABN 13679616614).
- Client means the person, organisation or related entity engaging the Agency’s recruitment services.
- Candidate means any person introduced by the Agency to the Client.
- Introduction means the provision of sufficient information to identify or contact a Candidate, including a résumé, profile, application, LinkedIn profile, contact details or interview arrangement.
- Engagement means any employment or engagement of a Candidate by the Client or a Related Entity, whether permanent, fixed-term, casual, contract or otherwise.
- Remuneration means the Candidate’s agreed base rate of pay expressed as an annualised full-time equivalent salary, together with any guaranteed allowances and guaranteed benefits.
- Related Entity includes any parent company, subsidiary, associated entity, franchisee or other organisation connected with or under substantially common ownership or control with the Client.
- Headings are included for convenience only and do not affect the interpretation of these Terms.
2. Scope of services
We partner with you to identify, approach and appoint early childhood professionals. Our service typically includes:
- role briefing and market advice
- targeted advertising where appropriate
- proactive search through our networks and database
- screening and interviews
- qualification and compliance checks
- reference checking
- shortlist presentation and coordination of interviews
- support through offer and acceptance
- comprehensive assessment designed to support confident appointments and improve long-term retention
We do not:
- employ or pay candidates
- provide legal or migration advice
- provide labour hire or temporary staffing
- guarantee that a candidate will accept an offer or commence
3. Your responsibilities
The Client agrees to:
- provide accurate role information, including salary, hours and location
- Notify promptly of any changes to the role/package
- provide feedback on candidates and interviews within reasonable timeframes
- progress interview and hiring decisions without undue delay
- ensure a safe, lawful and respectful workplace
- comply with relevant child safety, privacy and employment laws
Early Years Talent reviews and reports candidate-supplied qualification, registration and compliance evidence as part of the recruitment process. The Client remains responsible for completing any final statutory verification required before employment, including work rights, qualifications, registrations, child-safety checks and overall suitability.
All hiring decisions are solely the responsibility of the client.
3.2 Interview outcome notification
Interview outcomes must be provided within two business days.
3.3 Timely communication and decision-making
3.4 Workplace obligations toward candidates
Employment obligations should be read alongside the Fair Work Ombudsman guidance and relevant ACECQA guidance.
4. Fees
4.1 Exclusive recruitment
An exclusive partnership allows us to invest significantly more time and resources into the search. Rather than competing against multiple agencies, we can focus on representing your opportunity consistently, proactively engaging passive candidates and managing the entire candidate experience from first contact through to appointment.
Where an assignment is exclusive, the placement fee is reduced to eight weeks of the candidate’s remuneration plus GST.
4.2 Placement fee
For non-exclusive assignments, the placement fee is equivalent to ten weeks of the successful candidate’s remuneration plus GST. Unless otherwise agreed in writing, placement fees are calculated using the Candidate’s full-time equivalent remuneration at the agreed hourly or annual rate of pay, irrespective of the number of contracted hours or employment basis (including full-time, part-time, casual or maximum-term employment).
This fee includes:
- Proactive candidate sourcing
- Advertising and talent attraction activities
- Multiple candidate interviews
- Qualification and compliance verification
- Comprehensive reference checking
- Offer and resignation management
- Six-month replacement guarantee
4.3 Payment terms and incentives
Fees are invoiced upon the Candidate’s acceptance of an offer of employment.
Standard payment terms are 28 days from invoice date (usually the commencement date), unless otherwise agreed in writing.
The Agency may offer the following early payment incentives:
15% discount where payment is received within 48 hours of the signed employment contract being returned or the Candidate’s first day of paid work, whichever occurs first.
or
10% discount where payment is received within 14 days of the Candidate’s commencement date
Early payment incentives apply only where payment is received in full within the specified timeframe. If payment is not received within the applicable period, the full placement fee remains payable.
Where a Candidate accepts an offer and subsequently withdraws prior to commencement, the placement fee remains payable. Early Years Talent will continue the recruitment assignment and introduce further suitable Candidates at no additional professional fee.
4.4 Commencement date
The commencement date is the first day the Candidate undertakes paid duties for the Client, including induction, orientation or training. This date applies for the purposes of invoicing, payment terms and the commencement of the replacement guarantee, regardless of any later contractual commencement date.
4.5 Promotion during the guarantee period
Where the Candidate is promoted during the guarantee period, any additional fee based on the increased remuneration is payable within 28 days of the date of notification.
4.6 Withdrawal or suspension of a role
For exclusive roles only, if a role is withdrawn, filled internally or placed on hold more than 14 days after introductions, a cancellation fee of one week base salary plus GST applies.
4.7 Late or unpaid invoices
The Client agrees to indemnify Early Years Talent for all costs and expenses incurred in recovering overdue amounts, including but not limited to debt collection fees, court filing fees, solicitor and barrister fees, enforcement costs, and any other legal or recovery expenses, whether incurred before or after legal proceedings commence. A debt recovery administration fee equal to 10% of the overdue amount may also be charged.
5. Candidate ownership and introductions
An introduction occurs when Early Years Talent provides sufficient information to identify or contact a Candidate, including a résumé, profile, application, interview, referral or other identifying information.
If the Client, or any related entity, employs or otherwise engages that Candidate within 12 months of the introduction, a placement fee is payable, regardless of whether the Candidate was initially unsuccessful, declined an offer, withdrew from the recruitment process, or was subsequently engaged following further discussions between the Client and the Candidate.
If the Client believes the Candidate was already known to them independently of Early Years Talent, the Client must notify Early Years Talent in writing within two business days of the introduction and provide documentary evidence demonstrating a genuine prior recruitment process or relationship that existed before the introduction.
Where Early Years Talent’s introduction is the effective cause of a Candidate’s engagement, a placement fee remains payable notwithstanding any break in negotiations, withdrawal from the recruitment process, or subsequent direct dealings between the Client and the Candidate.
6. Candidate guarantee
Every permanent placement is covered by a six-month replacement guarantee, regardless of role. If the Candidate resigns or the Client terminates their employment within six months of commencement, Early Years Talent will undertake one replacement recruitment process at no additional professional fee, subject to these Terms.
If Early Years Talent refers two replacement candidates who, in our reasonable professional opinion, have comparable qualifications, experience and suitability to the original Candidate, the replacement process is deemed fulfilled, whether or not the Client elects to interview or engage those candidates.
The guarantee does not apply where the departure is due to:
- redundancy, restructure, acquisition or change of centre ownership
- reduction of hours, change of room or major alteration of duties
- relocation or closure of the service
- stand-downs or loss of funding
- hostile, unsafe or unsupportive workplace
- non-payment or late payment of wages or entitlements
- significant breach of contract by the Client
- misconduct that could not reasonably have been foreseen during recruitment
Clients may purchase an extended guarantee beyond six months at the time of engagement.
Refunds are not offered.
7. Data privacy and use of information
Both parties must comply with Australian privacy law. Personal information provided by Early Years Talent must be used only for recruitment purposes and handled securely. We may store personal information for legitimate business and compliance purposes in line with our privacy policy.
8. Governing law and disputes
These terms are governed by the laws of Victoria, Australia. In the event of a dispute, both parties will first attempt to resolve the matter in good faith through discussion before pursuing formal proceedings.
9. Changes to these Terms
Early Years Talent may amend these Terms of Business from time to time.
The version of these Terms in effect at the time a Candidate is introduced to the Client will apply to that recruitment engagement, unless otherwise agreed in writing.
Any amendments apply to future Candidate introductions and recruitment engagements only and will not apply retrospectively unless agreed in writing by both parties.
If you have any questions about these terms of business, please contact us via our Early Childhood Recruitment Services page or our Contact page.
Terms of Business acceptance
Please review the Terms of Business below and complete the form to confirm your organisation’s acceptance. Submission of this form authorises Early Years Talent to commence recruitment activities and confirms acceptance of the recruitment fee structure, payment terms and other provisions outlined in these Terms of Business.
What happens next?
Once your submission has been received, we will review the information provided and contact you if any clarification is required. Recruitment activities will then commence in accordance with the Terms of Business and the requirements discussed with your organisation.
If you have any questions regarding these Terms of Business, please contact us before submitting the form.