Terms and conditions

These Terms and Conditions were last updated on 30 April 2026. (Version 2.0)

It is important that You take the time to carefully read this document, including the terms that apply if You accept casual employment with Us and or a Centre.

Background

1.1. About this document

1.1.1 The Platform, including the App and the Website, are owned, and operated by Talent Now. 

1.1.2. Please read the Terms and Conditions carefully as they contain important information about Your rights and obligations.  By accessing the Platform or using the Services You acknowledge that You have read, understood and agree to be bound by the Terms and Conditions set out below and Our Privacy Policy located at: https://www.talentnow.com.au/privacy-policy/. 

1.1.3. If You do not wish to be bound by the Terms and Conditions, You must not access or use the Platform or Services.

1.1.4. Talent Now may amend these Terms and Conditions and Privacy Policy from time to time in its sole discretion. Any changes take effect when published on the Platform. Your continued use of the Platform or Services after any changes constitutes acceptance of those changes.

1.1.5. If You do not understand any of the Terms and Conditions, or You have any questions, please contact Talent Now at: info@talentnow.com.au.  

1.2. Services

1.2.1. The Talent Now Platform supports workforce management and staffing coordination for early childhood education and care services. All Services are delivered via the Platform, which facilitates connections between Centres and Workers and enables Engagement under two distinct service models.

1.2.2. Talent Now provides two Services for Workers:

(a) Casual Connect – a Platform-enabled Service that allows Centres to connect with Workers and engage them directly, with all bookings and ongoing Engagements required to be arranged and managed through the Platform; and

(b) Casual Hire – a Platform-enabled labour-hire Service where Workers are employed by Talent Now and placed with a Centre for discrete and separate periods, with all bookings and placements arranged and managed through the Platform.

1.2.3. References to “Services” in these Terms and Conditions include both Casual Connect and Casual Hire unless stated otherwise.

1.2.4. These Services are explained in more detail in this document.

1.3. Structure of this document

1.3.1. These Terms and Conditions are

(a) General Terms that apply to the use of the Platform and Services;

(b) Casual Connect specific terms; and

(c) Casual Hire specific terms, including the terms and conditions of employment where applicable..

SECTION A:  GENERAL TERMS 

Definitions and Interpretation

2.1. Definitions

In these Terms and Conditions, the following words have the following meanings:

ACECQA means the Australian Children’s Education & Care Quality Authority.

App means Talent Now’s mobile application available via the App Store or the Google Play Store.

Associated Entity has the meaning as set out in section 50AAA of the Corporations Act 2001 (Cth).

Centre means a User who uses or accesses the Platform to recruit or engage the services of a Worker as a childcare educator. 

Data means any data that You input into the Platform or that is collected with Your authority.

Engagement means any arrangement under which a Worker performs, or is offered the opportunity to perform, work or services for a Centre, whether directly or indirectly, and whether as an employee, contractor or otherwise. This includes any arrangement arising from or connected to a connection made through the Platform.

Health Declaration means any health or fitness for work declaration required to be completed by a Worker.

Intellectual Property Right means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

Platform means the Talent Now platform including the Website and App.

Services means the Services provided by Talent Now via the Platform, including:

(a) Casual Connect; and

(b) Casual Hire.

Shift(s) means work performed by a Worker within a single day.

Talent Now, Us or We means Talent Now Pty Ltd (ABN 85 619 217 613).

Terms and Conditions means these terms and conditions.

Venue means the place or location at which childcare services are to be provided.

Website means Talent Now’s website located at talentnow.com.au.

Worker means a person who uses or accesses the Platform to seek work or employment as a childcare educator or teacher with or at a Centre. 

Worker Classification means the classification assigned by Talent Now based on a Worker’s qualifications, experience and applicable industrial instruments, as determined based on the information available at the time. Worker Classification is provided to assist Centres and does not constitute legal, employment or taxation advice. Talent Now does not warrant that any Worker Classification is correct or appropriate, and Centres are responsible for determining the correct classification and remuneration for any Worker.

You or User means a person who accesses or uses the Platform as a Worker, and Your has corresponding meaning.

2.2. Interpretation

In these Terms and Conditions, unless the context otherwise requires:

2.2.1. a reference to a word in its singular form shall be taken to include its plural form, and vice versa; 

2.2.2. the words “include”, “including” and “includes” are not words of limitation;

2.2.3. a reference to a person or party includes any agent, contractor or representative of that person or party;

2.2.4. a reference to these Terms and Conditions or any other document shall be taken to be reference to the most recent revision of the document referred to.

2.2.5. a reference to the Services includes one or both of Casual Connect and Casual Hire, as the context requires.

3. The Basics – About the Platform

3.1. The App and Website allow access to the Platform, which enables Centres and Workers to connect and engage under the Services. Talent Now is not an agent for Centres or Workers, nor is it an agent for any third-party suppliers of goods or services that may be advertised on the Platform.

3.2. We may add, remove or change the Services, including its features, functions, and content, from time to time, at Our absolute discretion.  If any such change materially reduces or adversely impacts the Services, We will notify You.  Your continued use of the Platform or Services will be deemed as acceptance by You of such changes. 

3.3. These Terms and Conditions govern Your use of the Platform and Services. 

4. Regulatory Requirements and Compliance

4.1. Laws in each State and Territory govern and limit the ability of persons to work at Centres and be involved in child-related work.  These laws require Workers to hold and maintain relevant qualifications, certifications, approvals and clearances, undergo identity and background checks, and have the right to work in Australia. Workers may also be required to complete additional training or meet other regulatory or health-related requirements from time to time. 

4.2. Requirements vary between jurisdictions. A working with children check issued in one State or Territory may not be valid in another, and such checks expire after a period of time. Qualification requirements may also differ.

You are responsible for ensuring that You meet and maintain all legal and regulatory requirements applicable to the work You undertake, including maintaining valid and current credentials at all times.

4.3. Talent Now undertakes onboarding and verification checks for all Workers, including verification of qualifications, certifications, working with children checks and, where applicable, visa status.

These checks are conducted to support the operation of the Platform and to assist Centres; however, You acknowledge that Talent Now does not guarantee that any information is complete, accurate or current at all times.

You remain responsible for ensuring that all information You provide is accurate and that all required qualifications, certifications and working rights are valid and maintained at all times. For the Casual Hire service, Talent Now undertakes these checks as part of its employment processes.

4.4. You must ensure that all information and documentation You provide to Talent Now is accurate, complete and current. You must promptly update Your profile and notify Talent Now of any change to Your qualifications, working rights, accreditation or eligibility to work.

Talent Now may, at its discretion, request evidence of compliance at any time and may suspend, restrict or terminate Your access to the Platform where such information is not provided or is no longer valid.

4.5. You consent to Talent Now and Centres undertaking checks to verify Your eligibility to work, including visa status checks (such as through the VEVO system), working with children checks, and verification of qualifications, enrolment or accreditation.

You agree to cooperate with any such checks and consent to the collection, use and disclosure of Your personal information for these purposes in accordance with our Privacy Policy.

4.6. You warrant that:

(a) You are not subject to any prohibition, disqualification or restriction that would prevent You from working in an education and care service; and

(b) You will immediately notify Talent Now if Your circumstances change in a way that affects Your eligibility to work.

5. Use of Platform

5.1. We may suspend or limit (in whole or part) Your access to the Platform at any time, including where required to comply with legal and regulatory obligations or where You breach these Terms and Conditions without liability to You.

5.2. Subject to these Terms and Conditions, We grant You a non-exclusive, non-transferable, and limited right to access the Platform and use the Services. 

5.3. Talent Now does not guarantee that the Platform will always be available or that all Services will be uninterrupted or error-free. To the extent permitted by law, We are not liable for any inability to access or use the Platform or Services.

6. Worker Obligations

6.1. Account Creation and Security

6.1.1. You must create an account to receive the Services and access the benefits of the Platform.

6.1.2. You may not create an account if You lack the capacity to enter into a binding agreement with Us. 

6.1.3. In order to create an account, You must provide Us with Your full name, Your postal address, Your email address, Your mobile phone number and other information requested during the account registration process.  If You are a Worker, this may include but is not limited to providing details of a current and up-to-date working with children check, vaccination and visa status.   

6.1.4. You warrant that all information You provide during the account registration process is accurate and that You will keep Your information up to date.

6.1.5. Your logon credentials must be kept confidential and must not be shared with any other person.

6.1.6. You must immediately notify Us of any unauthorised use of Your logon credentials or any other breach of security.

6.1.7. You agree that You are responsible for Your use and any activity that occurs as a result of the use of Your logon credentials.

6.2. Using the Platform 

6.2.1. You must not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Platform and the Services in any way (or the servers and networks which are connected to the Platform) or use the Platform in a manner that adversely affects the availability of its resources to others.

6.2.2. We cannot guarantee that any file or program available for download and/or execution from or via Platform is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used.  

6.2.3. The Platform and its contents are provided to You on an “as is” basis. The Platform may contain errors, faults and inaccuracies and may not be complete and current.

6.2.4. You use the Platform and Services at Your own risk. To the maximum extent permitted by law, Talent Now is not liable for any loss or damage arising from Your use of the Platform or Services.

6.2.5. Talent Now reserves the right to change the Platform, Website or App at any time.

6.2.6. You further agree that subject to any applicable laws:

(a). You must only use the Platform and the Service for lawful purposes, in accordance with this Agreement and any condition posted on the Platform;

(b). You must not provide false information when registering or changing Your registration details;

(c) You must not attempt to undermine the security, functionality or integrity of Our systems and networks or, where the Services are hosted by a third-party, that third-party’s computing systems and networks;

(d) You must not attempt to gain access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;

(e) You must not transmit, or input into the Platform, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); 

(f) You must not use the Platform or any communication tool available on the Platform for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): the recruitment of permanent staff, offers of goods or services for sale, unsolicited commercial e-mail, content that may be offensive to any other Users of the Services or the Platform;

(g). When You make any communication on the Platform, You represent that You are permitted to make such communication, and You recognise that We are under no obligation to ensure that the communications on the Platform are legitimate, or that they are related only to the use of the Services, however, We reserve the right to remove any communication at any time in Our sole discretion; 

(h). You must not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Platform except as is strictly necessary to use either of them for normal operation; and

(i). You accept sole responsibility for the legality of Your actions under the laws which apply to You.  You agree that We and Our directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of Your actions. Moreover, You agree to comply with the laws and regulations of Your jurisdiction.

6.3. Worker Usage Restrictions

Your use of the Platform may be limited, restricted or suspended where:

6.3.1. You do not hold or maintain required qualifications, certifications or clearances;

6.3.2. Your right to work in Australia is restricted, expired or under review;

6.3.3. required documentation is incomplete, expired or not verified; or

6.3.4 Talent Now reasonably determines that Your use of the Platform presents a compliance, safety or operational risk.

6.4. Obligations of Workers

Workers must:

6.4.1. comply with all applicable laws, regulations and requirements, including those relating to child safety, work health and safety and employment;

6.4.2. perform their duties in a professional, competent and safe manner and follow all lawful and reasonable directions of Talent Now and the Centre;

6.4.3. ensure they receive and follow appropriate instructions in relation to supervision, safety, health and wellbeing of children;

6.4.4. ensure that all information and documentation provided to Talent Now is accurate, complete and current at all times;

6.4.5. maintain all required qualifications, certifications, approvals, declarations and clearances and complete any required training;

6.4.6. only accept and perform work with any Centre You have connected with through Talent Now through the Platform, unless approved by Talent Now, and must immediately notify Talent Now if offered any work or Engagement outside the Platform;

6.4.7. not arrange, accept or perform any Engagement with a Centre You have connected with through Talent Now outside the Platform within six (6) months of Your last Shift, unless approved by Talent Now;

6.4.7.1 not accept payment or benefits directly from a Centre for work arranged outside the Platform;

6.4.8. notify Talent Now immediately of any change to their qualifications, working rights, availability or circumstances that may affect their ability to work;

6.4.9. comply with all Talent Now policies and procedures as notified from time to time; and

6.4.10. behave in a professional and respectful manner and not engage in conduct that may harm children, Centres, other users or Talent Now’s reputation.

6.5. Communications

6.5.1. You are responsible for ensuring that all communications You send using the Platform or to Us are true, complete and accurate.  If You are or ought to be reasonably aware that a communication has been corrupted, You must re-transmit or re-send that communication as soon as practicable

6.5.2. We are not responsible for the accuracy of anything another User posts or submits to the Platform, nor are We responsible for the online or offline conduct of other Users. We may, at our discretion, remove any post, submission or content which we deem in breach of these Terms and Conditions.

6.5.3. You agree not to use any of the communication services offered by the Platform to transmit or communicate inappropriate, unlawful or offensive material or to discriminate based on race, gender, sexuality, age, disability or any other attribute protected by law.

6.5.4. You agree not to engage in abusive, defamatory or harassing behaviour, or to engage in any other conduct that may bring Us into disrepute.

6.5.5. You agree that We may use electronic communications such as SMS text messages to provide you with job alerts and other messages about the Services that we offer.  If you no longer wish to receive electronic communications from Us, You can send us an email at info@talentnow.com.au or SMS in response to one of our messages as directed in the message which will either be to respond using the words ‘STOP’ or ‘UNSUBSCRIBE’. We will comply with your request as soon as reasonably practicable, within 5 working days. 

6.5.6. If You choose not to receive electronic communications from Us, You may not receive the full benefit of, or We may not be able to provide You with some or all Services, or assistance in relation to the Services.

6.6. Actions and Consequences

6.6.1. Talent Now may take any action it reasonably considers appropriate where a Worker breaches these Terms and Conditions, fails to meet compliance requirements or engages in conduct that presents a risk to children, Centres or the Platform. Such action may include restriction of access, suspension, removal from placements or deactivation of the Worker’s account

7. User Ratings

7.1. Users may provide ratings of the Workers or Centres they have had dealings with on the Platform (User Ratings).  User Ratings are aggregated to derive an aggregate score.  These aggregate scores are published on the Platform.

7.2. Users must provide only accurate and truthful User Ratings.

7.3. User Ratings that are posted on the Platform must only relate to genuine interactions.  User Ratings must not include spam, misleading content or unsolicited commercial communications. 

7.4. We do not verify the accuracy of User Ratings and, to the maximum extent permitted by law, are not liable for any loss or damage arising from User Ratings. We reserve the right to remove or disregard any User Rating at our discretion.

8. Warranties You Make

8.1. You represent and warrant that:

8.1.1. all information (including personal information) and data provided by You through the Platform is true, accurate, complete and up to date;

8.1.2. You have read, understood and agreed to these Terms and Conditions; 

8.1.3. You will not breach any law or agreement in connection with Your use of the Platform or any Engagement with another User; and

8.1.4. You have complied and will continue to comply with all applicable laws and regulatory requirements.

9. Intellectual Property Rights

9.1. The Platform and all content forming part of the Platform, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws.

9.2. You acknowledge and agree that We own, control or are the authorised users of all legal rights, title and interest in and related to the Platform, including all intellectual property rights.  Nothing under these Terms and Conditions constitutes a transfer of ownership of Our or any third party’s intellectual property to You.  Your use of the Platform and any intellectual property rights is limited to use of the Platform and Services as explicitly set out in these Terms and Conditions.

9.3. You must not:

9.3.1. modify, copy or reproduce the layout or appearance of the Platform or any software or code contained in the Platform; or

9.3.2. decompile, disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Platform.

9.4. If You post material to the Platform or correspond or otherwise communicate with Us, You automatically grant to Us an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free, world-wide licence to use, copy, reproduce, display and distribute the content of Your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.  This may include, but is not limited to, publishing testimonials on our Platform and developing Your ideas and suggestions for improved products or Services We provide.

10. The App Store and Google Play Store

10.1. By downloading and/or using the App, You agree that You have entered into an agreement with Us, and not with Apple or Google.  We are solely responsible for any product warranties, if any, pertaining to the App, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in these Terms and Conditions. 

10.2. By downloading the App from the App Store or from Google Play, Talent Now grants You a non-transferable license to use the App on any iPhone or other relevant device that You own or control as permitted by the usage rules of the Google Play Store, the App Store, the App Store terms of service and the Google Play Store terms of service.

10.3. The parties (namely You and Us), acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.

10.4. In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to Your use of a version of the App downloaded through the App Store You may notify Apple, and Apple will refund the purchase price for the App to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty, if any, will be our sole responsibility.

10.5. The parties acknowledge that Talent Now, and not Apple or Google, are responsible for addressing any of Your claims relating to the App or Your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App. 

10.6. The parties acknowledge that Talent Now, and not Apple or Google, are responsible for any claim that the App infringes any third party intellectual property rights and that Talent Now, and not Apple or Google, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.

10.7. The parties each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this Agreement, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You .

10.8. Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google and Google Play are trademarks of Google Inc.

10.9. For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provision of these Terms and Conditions.

11. Third-Party Websites

11.1. The Platform may contain links to other websites controlled by third parties (Third-Party Websites). 

11.2. Talent Now is not responsible for the content or privacy practices of Third-Party Websites. 

11.3. Links to Third-Party Websites are provided solely for Your convenience and do not constitute, expressly or impliedly, an endorsement by Talent Now of the third party or the products or services provided by the third party or any affiliation between Talent Now and the third party.

11.4. You access Third-Party Websites and/or use those Third-Party Website’s products and services solely at Your own risk and should make Your own enquiries before relying on any content contained in such Third-Party Websites. 

12. Availability, Withdrawal and Suspension of Service

12.1. Whilst We endeavour to provide continuous access to the Platform, We do not warrant that Your access will be safe, uninterrupted, timely, secure or error free.

12.2. Talent Now may at its discretion withdraw completely, or suspend for a period of time, the Platform, or Your access to it for any reason including without limitation: 

12.2.1. if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;

12.2.2. if You breach any part of these Terms and Conditions; or

12.2.3. if You use or assist others to use the Platform for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.

13. Exclusion and Limitation of Liability

13.1. We:

13.1.1. do not warrant that the Platform will be available at all times or that it will be provided without fault or disruption. 

13.1.2. do not endorse or recommend any User;

13.1.3. do not warrant that We have independently verified or approved the credentials, identity, background, qualifications, experience or regulatory compliance of any User;

13.1.4. do not warrant that any User is an appropriate person for You to engage with;

13.1.5. do not make any representation as to the suitability, reliability or conduct of any User; and

13.1.6. do not provide any training to Users in respect of the services they may provide.

13.2. Talent Now and its Associated Entities, directors, officers, employees, agents, contractors, successors or assignees make no representations or warranties of any kind, express or implied as to the operation of the Platform or the information, content, material or Services included on the App, except as otherwise provided under applicable non-excludable laws.

13.3. Subject to any rights You have under any consumer protection law, Talent Now excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.

13.4. Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, Our liability will be limited to that provided by law.  Without limiting the foregoing, to the extent permitted by law, the liability of Talent Now for any claim will at all times be limited at Talent Now’s option, to resupplying the Services or the cost of having the Services supplied again.

13.5. To the maximum extent permitted by applicable law, neither Talent Now nor its Associated Entities, directors, officers, employees, agents, contractors, successors, or assigns will be liable for any loss or damage arising out of or in connection with Your use of the Platform or Services.

13.6. You are solely responsible for ensuring that Your conduct complies with all applicable laws. Talent Now has no responsibility for the legality of Your actions.

14. Indemnity

14.1.You indemnify Talent Now and its directors, officers, employees and agents against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by Talent Now arising out of or in connection with Your conduct or breach of these Terms and Conditions.

15. Termination

15.1. You may stop using the Platform at any time for any reason.  To cancel Your account, please contact Us at info@talentnow.com.au.  

15.2. If You cancel Your account to the Platform, You are taken to have ended any employment with Talent Now under the Casual Hire Service.

15.3. Talent Now may suspend, restrict or terminate Your access to the Platform at any time where You breach these Terms and Conditions, fail to meet compliance requirements or where Talent Now reasonably considers it necessary to protect the safety of children, Centres or the integrity of the Platform.

16. General

16.1. These Terms and Conditions and Privacy Policy records the entire agreement between You and Us in relation to their subject matter.  It supersedes all prior contracts, arrangements, understandings, or negotiations by, or between, You and Us in relation to the subject matter of these documents.

16.2. All warranties, exclusions, limitations of liability, indemnities and intellectual property provisions survive termination of these Terms and Conditions. Any other provision which by its nature is intended to survive termination will also survive.  

16.3. Talent Now may give notice to You by electronic mail. You may give notice to Talent Now by electronic mail to info@talentnow.com.au.

16.4. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability.  That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.

16.5. A failure or delay by Talent Now to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Talent Now does not preclude its future exercise or the exercise of any power or right by or on behalf of Talent Now.

16.6. Your use of the Platform is governed by, construed and enforced in accordance with the laws of New South Wales, Australia.  Disputes arising from Your use of this Platform and Services are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

16.7. The Platform may be accessed throughout Australia and overseas.  Talent Now makes no representations that the content of the Platform complies with the laws (including intellectual property laws) of any country outside Australia.  If You access the Platform from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the Platform. 

SECTION B:  CASUAL CONNECT

17. General 

17.1. Where the App and Website provides access to the Platform for Centres and Workers to connect and interact, Talent Now is not, and does not become, a party to any contractual relationship between the Centre and the Worker.  

17.2. Once a Worker and Centre are connected, it is a matter for the Worker and Centre to determine the terms on which work will be performed. However, all Engagements must be arranged and recorded through the Platform unless otherwise permitted under these Terms and Conditions.

18. No employment with Talent Now

18.1. To avoid doubt, the Worker is not an employee of Talent Now when they use the Casual Connect Service.

18.2. Centres and Workers are free to agree the terms and conditions which apply to the terms upon which Workers will be engaged by a Centre.  

18.3. Except as set out in these Terms and Conditions, Talent Now does not mediate or resolve disputes between a Worker and a Centre, including in relation to any Engagement between them.

Where a complaint is raised, Talent Now may investigate the matter for the purpose of determining whether there has been a breach of these Terms and Conditions and may take any action it considers appropriate in accordance with these Terms and Conditions.

18.4. Worker Payments under Casual Connect:

18.4.1. Casual Connect only operates as a communication tool which enables Centres to engage Workers directly.  It does not offer payment services to Workers. 

18.4.2. Centres are solely responsible for paying Workers engaged by them.

18.4.3. We do not get involved in payment or employment disputes between Centres and Workers.

18.4.4. If Talent Now provides a Worker Classification, it is provided as general information to assist Centres. Talent Now does not warrant that any Worker Classification is accurate or appropriate, and Centres are responsible for determining the correct classification and remuneration. Workers acknowledge that Centres must not rely on any Worker Classification provided by Talent Now.

18.4.5. Workers acknowledge that Centres are responsible for determining appropriate Engagement terms and compliance with applicable laws.

19. Cancellations

19.1. Workers may cancel bookings; however, they are expected to minimise cancellations and where possible, at least 24 hours’ notice should be given. Repeated cancellations may result in restriction or suspension of access to the Platform.

19.2. If it is necessary to vary or cancel a booking, the party seeking to cancel must directly contact and inform the other party they wish to cancel and the reasons for it.  The cancelling party must also advise Us of a cancellation and the reason for it.   

SECTION C:  CASUAL HIRE

20. General

20.1. Talent Now offers Workers Engagement as casual employees for discrete and separate periods, during which they may be placed at a Centre to perform work.

20.2. Each placement is a separate Engagement. Talent Now does not guarantee any ongoing or future work, and is not obliged to offer further placements.

20.3A. Worker may choose to make themselves available for placements. By accepting a placement, the Worker agrees that the terms set out in clause 21 – Employment apply to that Engagement..

21. Employment 

No ongoing employment 

21.1. Talent Now is under no obligation or requirement to provide You employment or any amount of work, hours or Shifts.

21.2. From time to time, You may be employed by Talent Now to perform work at a Centre.  The terms and conditions of Your employment are as provided for by this clause.

Casual employment 

21.3. Any employment is on a casual basis with no advance commitment to continuing and indefinite work.  

21.4. As a casual employee, Talent Now may offer You discrete and separate shifts, which You may or may not accept.  Where a Shift is accepted, You acknowledge and agree that each Shift stands alone and that there is no continuing employment relationship between Talent Now and Yourself once that Shift ends.

21.5. You will be paid as a casual employee:

21.5.1. on an hourly rate in accordance with the applicable modern award or any higher amount as notified to You;

21.5.2. with a casual loading in accordance with the applicable modern award; and

21.5.3. superannuation in accordance with legislative requirements as amended from time to time.  

21.6. You accept that the casual loading is paid in full satisfaction of, and instead of, annual leave, personal/carer’s leave, notice of termination, redundancy benefits and the other entitlements associated with full-time or part-time employment.

Warranty 

21.7. When accepting a Shift, You warrant that You:

21.7.1. are lawfully able to work in Australia;

21.7.2. hold, and will maintain at all times, all qualifications, certifications, licences and approvals required to perform that work, and have the skills necessary to do so;

21.7.3. are fit and able to perform that work without risk to Your health and safety or that of any  other person, and that the Health Declaration provided by You is true, accurate and remains current in all material respects; and

21.7.4. have no conflicts, restrictions or obligations (including any post-employment restraints) that would prevent You from properly performing Your duties.

General duties

21.8. While You are engaged to work, You must:

21.8.1. perform Your duties faithfully and diligently and in good faith;

21.8.2. competently exercise all skills in the performance of Your duties;

21.8.3. comply with all lawful and reasonable directions given to You by Talent Now and the Centre, including having a flexible approach to work;

21.8.4. comply with all laws and regulations applicable to Your employment; and

21.8.5. always act in a manner that does not conflict with the interests of Talent Now or the Centre and does not bring either into disrepute.

Location 

21.9. You will work at the Venue assigned for Your Engagement or other location as required. 

Confidential information and IP

21.10. You will not, either during or any time after Your employment, use or disclose to any person, whether for their own gain or another’s gain or for any other business, any Confidential Information other than in the proper course of the performance of Your duties.

21.11. You agree that Talent Now (or a Centre as applicable) will own (solely and exclusively) all intellectual property rights in any works (including all existing and future intellectual property, designs, models, drawings, plans, software, reports, proposals, forms and any other material) created, generated or contributed to by you (whether alone or with others) in the course of, or in connection with, your employment.

21.12. “Confidential Information” includes any trade or business secrets, personal information of others, client contract information, strategic information, business plans, financial information or any other information that you know or reasonably ought to know to be confidential or sensitive to the business of Talent Now or a Centre, except for any information which is in the public domain.

Remuneration

21.13. If you are paid above the applicable modern award minimum, and in respect of all payments made to you by Us, then to the greatest extent possible, these payments are paid in full satisfaction and discharge of, and can be set-off against, any and all entitlements (including allowances, loadings, leave loading, overtime, penalties and other entitlements however expressed) under any industrial instrument (including any modern award) or law, or any other arrangement, that is or may be applicable to your employment.

21.14. Your remuneration is paid fortnightly by electronic transfer into your nominated bank account after deduction of applicable taxes.

Leave

21.15. As a casual you are generally not entitled to paid leave.

21.16. Any leave will be in accordance with applicable legislation as applying from time to time, presently contained in the Fair Work Act 2009 (Cth).

Termination 

21.17. Your employment with Talent Now ends at the end of each Shift. 

21.18. If You engage in serious misconduct, then Talent Now may terminate Your employment and this agreement immediately and without notice to You.

Other matters

21.19. You must accurately, honestly and personally complete Your time recordings as directed by management of the time worked by You for a Centre.

21.20. You must notify Us immediately if:

21.20.1. the Centre or Venue is unsafe, has not inducted you in safe work procedures and emergency protocols or is otherwise not complying with work health and safety legislation and standards;

21.20.2. there is an incident or event at the Centre that impacts your safety and or results in any injury or illness to you;

21.20.3. there is a dispute or disagreement between the Centre and You.

21.21. You agree and consent to Talent Now collecting and sharing information from and related to the Health Declaration with Centres to enable Us and the Centre to take steps to assess and manage Your safety and fitness for work. You agree to cooperate with any reasonable enquiries about Your health and fitness.

21.22. You agree that, to protect Talent Now’s legitimate business interests, for a period of six (6) months from the date You were last placed to perform work at a Centre, You must not arrange, accept or perform any Engagement (including any direct or indirect employment or contracting arrangement) with that Centre outside the Platform unless approved by Talent Now. You must immediately notify Talent Now if You are offered any such Engagement.

Policies 

21.23. Talent Now has a number of policies and procedures that contain information and directions applicable to your employment.  As an employee, you will be (and are) required to follow Talent Now’s policies and procedures, as amended from time to time.  You agree that any such policies and procedures are not contractual and do not form part of the terms of your employment contract.

21.24. You can access the Fair Work Casual Employment Information Statement at:  www.fairwork.gov.au/employment-conditions/national-employment-standards/casual-employment-information-statement.

22. Cancellations

22.1. Workers may cancel bookings however, they are expected to minimise cancellations and provide as much notice as possible. Where possible, at least 24 hours’ notice should be given. Repeated cancellations may result in restriction or suspension of access to the Platform or future work opportunities. 

22.2. If it is necessary to vary or cancel a booking, the party seeking to cancel must promptly contact and inform the other party and provide the reason for the cancellation.  The cancelling party must also notify Talent Now of the cancellation and the reason for it.