Terms & Conditions
PARTIES
Between the Host and Shiftly Australia.
RECITALS
A. The Host operates in the industry outlined in the Shift Overview.
B. Shiftly Australia delivers on-demand staffing solutions, offering access to casual and contract workers.
C. The Host and Shiftly Australia wish to formalise the arrangement under which Shiftly Australia supplies personnel for temporary assignments.
AGREEMENT
1. INTERPRETATION AND KEY TERMS
“Agreement” refers to this document, including all referenced attachments and schedules.
“Award” denotes any applicable modern award under Australian law that governs employment terms for Workers.
“Confidential Information” encompasses all proprietary, non-public data of Shiftly Australia or its partners, including but not limited to business strategies, pricing, operations, or client and supplier data.
“Worker” means an individual engaged by Shiftly Australia to perform duties for a Host on a temporary or casual basis.
“Services” refers to the provision of temporary labour, associated rostering, and support services.
“Shift” means a scheduled period of work performed by a Worker for the Host as set out in the Shift Overview.
“Shift Overview” means the summary provided by Shiftly Australia outlining the Worker, timing, and key shift details.
“Shiftly App” is Shiftly Australia's platform used to coordinate, manage, and track Shifts between Hosts and Workers.
2. SERVICE ARRANGEMENT
2.1 Relationship Between Parties
(a) Shiftly Australia acts as an independent supplier of staffing services to the Host.
(b) Workers are not employees, contractors, or agents of the Host.
(c) This Agreement does not create a partnership, joint venture, employment or agency relationship between:
- (i) Shiftly Australia and the Host; or
- (ii) the Host and any Worker.
(d) Shiftly Australia provides workforce-as-a-service, including the sourcing, scheduling, and coordination of Workers. Shiftly Australia is not the employee or subordinate of the Host.
2.2 Host's Acknowledgement
The Host understands and agrees that Shiftly Australia is solely responsible for sourcing and managing Workers, including onboarding, payroll processing, scheduling, and all associated obligations. The Host must not imply or communicate that the Worker is employed by the Host.
2.3 Platform Exclusivity
During this Agreement and for 28 days after a Shift concludes, the Host agrees not to engage Workers outside the Shiftly App. Breach of this clause will result in payment of the applicable Engagement Fee detailed in Schedule 1.
2.4 Compliance with Workplace Laws
Both parties acknowledge that all Workers will be engaged in accordance with Australian labour laws, including the Fair Work Act 2009 and any applicable Awards.
2.5 Use of Platform
The Host and Worker must utilise the Shiftly App to:
- (a) offer and accept Shifts;
- (b) manage digital timesheets and shift records;
- (c) provide feedback and ratings;
- (d) retain communication history relevant to Shifts.
2.6 Public Statements
The Host must not release or share any information regarding Shiftly Australia, its platform, or its workforce with the media or public without written permission.
2.7 Site Safety Responsibilities
The Host must:
- (a) deliver appropriate safety inductions prior to the commencement of a Worker's first Shift;
- (b) conduct re-inductions whenever there are material changes to site safety or procedures.
2.8 Conduct and Incident Reporting
If any Worker displays inappropriate conduct or violates Host policy, the Host must inform Shiftly Australia within 24 hours through the Shiftly App or in writing. This includes suspected safety risks, breaches of policy, or other incidents.
2.9 Data Privacy & Protection
The Host agrees to handle any personal information accessed via the Shiftly App in accordance with the Privacy Act 1988 (Cth) and must not misuse, retain, or distribute Worker data outside of the Shiftly App environment.
2.10 Dispute Resolution
Any disputes between the Host and Shiftly Australia must first be attempted to be resolved in good faith through negotiation. If unresolved, parties agree to mediation before pursuing legal proceedings.
2.11 Force Majeure
Neither party shall be liable for failure to perform obligations where such failure is due to events beyond reasonable control, including but not limited to natural disasters, government restrictions, or pandemics.
2.12 Branding and Intellectual Property
The Host must not use Shiftly Australia's branding, trade name, or platform intellectual property in any marketing, advertising, or third-party communication without written consent.
2.13 Background Checks and Verification
Shiftly Australia does not provide background check services. While we conduct basic worker onboarding, this does not include vetting or verifying a worker's qualifications, such as Responsible Service of Alcohol (RSA) certificates, licenses, or prior experience. Shiftly Australia solely verifies that shifters have the legal right to work in Australia.
2.14 Platform Availability
The Shiftly App is provided “as-is.” Shiftly Australia makes no guarantees about uninterrupted availability and shall not be liable for service outages, bugs, or unexpected downtime.
SCHEDULE 1: FEES AND PAYMENTS
Worker Costs and Employment-Related Charges
Base Pay + PAYG + Super: Charged at cost, aligned to applicable Awards
Payroll Tax: Levied per state or territory legislation
Workers' Compensation: Required insurance, generally ~2%
Shiftly Australia Platform and Service Fees
Hourly Service Fee: Includes shift management, onboarding, support, time tracking, etc.
Transaction Fees (including GST)
BECS (bank debit): 1% + $0.30 (capped at $3.50)
Card Processing: 1.75% + $0.30
Direct Hire / Poaching Fee
Casual engagement within 28 days: $2,500
Permanent hire within 28 days: 12% of the annualised equivalent wage
SCHEDULE 2: CANCELLATION & EARLY EXIT TERMS
1. Cancelling a Shift
(a) Cancellations Prior to Shift Confirmation
Any party (Host, Worker, or Shiftly Australia) may cancel a Shift prior to confirmation (i.e. before a Worker has been accepted) with no charge or penalty.
(b) Host Cancellations After Confirmation
If the Host cancels a confirmed Shift (i.e. a Worker has been accepted), a 10% cancellation fee of the total shift cost will apply, regardless of notice period.
(c) Worker Cancellations
Workers are expected to provide at least 4 hours' notice if unable to attend a confirmed Shift.
If a Worker cancels with less than 4 hours' notice or fails to attend (see No-Shows), Shiftly Australia will:
- Attempt to source a replacement.
- Flag the incident on the Worker's profile and reduce reliability rating.
- Remove repeat offenders from the platform.
(d) Shiftly Australia Cancellations
If Shiftly Australia must cancel a Shift due to external factors (e.g. no available Workers), the Host will not be charged. Best efforts will be made to inform the Host at the earliest possible time.
2. No-Shows
Definition: A “No-Show” is when a Worker or Host fails to attend the scheduled Shift without prior notice.
(a) Worker No-Show
The Host must report a no-show within 2 hours of the scheduled start time.
Shiftly Australia will:
- Investigate the incident and provide an outcome within 24 hours.
- Issue a full refund or credit to the Host for the Worker's shift cost.
- Take disciplinary action on the Worker's profile, up to and including platform suspension.
(b) Host No-Show (e.g. site closed, contact unavailable)
If a Worker arrives and is unable to start due to Host failure, the Host will be billed the full amount of the shift. This will negatively impact the Host's rating.
3. Early Departures & Partial Shifts
(a) If the Host Ends a Shift Early
Full scheduled hours (including minimum shift length as per Award) will be charged.
(b) If the Worker Finishes Early (voluntarily or asked to leave)
Only the actual worked hours will be billed, unless a disciplinary reason justifies full charge (e.g. safety breach).
(c) Voluntary Early Departure by Worker
Treated as partial completion and rated accordingly. Host should report within 24 hours if dissatisfied with the reason for early departure.
4. Late Arrivals
(a) Worker Arrives Late
Late arrivals are automatically tracked by Shiftly Australia using check-in data. If a worker arrives more than 15 minutes late without prior notice or communication, it may negatively impact their reliability rating. The Host will be refunded or credited for any time missed due to the delay.
(b) Host Delays Start
If the Worker is ready to begin on time but delayed due to Host/site issues, paid time starts from the scheduled shift time.
5. Worker Availability Guarantee
Shiftly Australia will make best efforts to fill every confirmed Shift. No guarantee is made for replacement in case of cancellations, absences, or emergency changes. Shiftly Australia is not liable for any consequential losses due to unfilled Shifts.
6. Ratings & Behavioural Tracking
All incidents (cancellations, no-shows, early finishes) will be reflected in ratings and reliability scores. Repeated negative incidents may lead to suspension or account review for both Hosts and Workers.
7. Disputes on Cancellations / No-Shows
Hosts and Workers have 48 hours to dispute any cancellation charge or no-show claim via the Shiftly App or in writing. Final determination will be made by Shiftly Australia based on platform data, communications, and fairness.
8. Performance and Behaviour
Any performance concerns or behavioural issues must be reported to Shiftly Australia within 24 hours via the platform or in writing. If a worker's performance is deemed unacceptable and they are sent home early, the Host must submit a written report through the app or via email. Shiftly Australia will investigate the matter and, where appropriate, compensate either the Host or the worker based on the findings and fairness of the situation.
Unacceptable performance may include, but is not limited to:
- Refusal to perform assigned tasks
- Rudeness or inappropriate conduct toward staff or customers
- Breach of workplace health and safety requirements
- Intoxication or impairment on shift
- Repeated tardiness or extended absenteeism during a shift
- Failure to follow reasonable instructions from the Host
Consequences for repeat offenders:
Shiftly Australia takes performance issues seriously. Shifters with repeated or serious breaches may:
- Receive a formal warning
- Be temporarily suspended from the platform
- Be permanently removed from the Shiftly platform in cases of serious misconduct or repeated violations
9. Workplace Obligations
The Host must:
- Adhere to all WHS requirements
- Provide sufficient training and PPE
- Permit site inspections by Shiftly Australia on request
10. Termination
This Agreement may be concluded by either party with 28 days' notice. Immediate termination may occur in cases of WHS failure, non-payment, or other serious breaches.
11. Indemnity and Liability
The Host indemnifies Shiftly Australia against:
- Motor incidents involving Workers
- Breaches of WHS compliance
- Underpayment findings due to Host actions (Shiftly Australia reserves the right to charge the Host for any corrections to payruns required as a result of Host errors)
- Misinformation or omissions that impact Worker conditions
This Agreement is governed by the laws of NSW, Australia.
