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Terms & Conditions

ATLH Group Pty Ltd ABN 77 662 225 710




  1. The Customer acknowledges and agrees that upon them signing this document, they have unconditionally accepted all Terms and Conditions as set out in this document, as well as other Terms and Conditions that are agreed from time to time between the Customer and the Company ATLH Group Pty Ltd

  2. ABN 77 662 225 710 (“ATLH”)

  3. The Customer agrees that these terms and conditions apply to all services, including hiring labour, equipment, or any other product provided by ATLH.

  4. The Customer also agrees that these Terms & Conditions replace any earlier Terms & Conditions.

  5. The Customer agrees that these Terms and Conditions will constitute the entire Agreement between the Parties. The Customer may not rely on any prior understandings, or representations of any kind, whether written or oral preceding the date of this Agreement. Any representations of this nature will not be binding on either Party except to the extent they are incorporated by this Agreement.

  6. These Terms and Conditions may only be amended or varied by ATLH giving 7 days written notice of any amended variation. Provided notice is provided, at the expiration of the 7 days the customer would have deemed to have accepted the varied Terms and Conditions.

  7. If any clause or any part of these Terms and Conditions are in any way unenforceable, invalid or illegal, it is to be read down as to be enforceable valid and legal. If this is not possible, the clause (or wherever possible, the offending part) is to be severed without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) of this agreement, which will continue in full force and effect.


  1. “Adhoc employee” means Adhoc Employee means an employee appointed on a fixed period subject to a maximum of one year at a time on mutually agreed terms between the employee and the Institution. The service of the employee shall automatically terminate on the expiry of the specific period of service.

  2. “ATLH” means ATLH Group Pty Ltd ABN 77 662 225 710

  3. “Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.

  4. “Customer” means any person or entity requesting the Services of ATLH in accordance with these Terms and Conditions.

  5. “Equipment” means any equipment supplied by ATLH in accordance with these Terms and Conditions and Job Order.

  6. “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.

  1. “Hire Period” refers to the period in which the services or Labour have been provided.

  2. “Labour” means any persons provided by ATLH at the request of the Customer.

  3. “Site” means the address requested by the Customer for the Labour to be present.


  1. Subject to availability for hire at the commencement of the Hire Period, ATLH agree to provide Labour Hire for the period agreed on the Terms and Conditions as set out herein.

  2. Unless otherwise agreed in writing between the parties, the Hire Period will commence when the Labour are requested to be on-site, or at the date agreed by the parties for the specified agreed period

  3. The Hire period will cease:

    1. at the conclusion of the Hire period or

    2. on the breach of one of the Terms and Conditions by the


  4. ATLH will endeavour to provide the client with the candidate that is the best possible fit for their outlined scope of works but does not provide any certainty. The client is liable to ensure that the candidate is the right fit for the scope of works. ATLH is not liable for any accuracy of the information in relation to Adhoc employees but will work to the best of its capacity to provide the correct information required.


21. In the situation that ATLH provide Equipment, the Customer agrees to use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and any applicable law, whether local, state or federal respecting the use of the Equipment, including but not limited to, environmental and copyright law.


22. ATLH Guarantee that;

  1. all staff they provide will hold a valid visa permit and any other licenses necessary to undertake the tasks;

  2. All equipment used will be in accordance with Australian Standards;

  3. All procedures and plans implemented will be done so with the utmost stringent safety specifications in accordance with the ATLH ongoing safety procedures;

  4. they will deliver the services with the


23. In situations where there is a minimum 12-week placement, ATLH will provide a placement guarantee from the date of engagement.

24. In the event that the engagement of an ATLH employee is terminated with the replacement guarantee period, the client is to notify ATLH within one (1) business day for a replacement employee.

25. In the event that the client makes the employee redundant, ATLH reserves the right not to replace the employee.

26. Workplace misconduct including but not limited to bullying, harassment, discrimination, unfair dismissal, unsafe working conditions or misinterpretation of position excepts ATLH from replacing the candidate.


  1. ATLH is not liable for any costs incurred under loss, damage or delay or compensation that is suffered by the client due to late, delayed or failure to engage an employee by the client.

  2. The client will maintain the safety of all staff supplied by ATLH pertaining to the risk of injury that the employee may be involved in.

  3. The client agrees to comply with any applicable Work Health & Safety legislation, regulations and codes of conduct applicable at the time the staff or personnel are supplied by ATLH.

  4. A duty of care is placed on the client pertaining to Adhoc employees under the Work Health and Safety Act 2011 y(NSW), Work Health and Safety Regulations 2011 (NSW), Code of Practices and Australian Standards.

  5. The client holds surety of provisioning a safe workplace, adequate supervision, training, induction programs, controlling risks and eliminating health hazards.

  6. ATLH is not liable for any costs incurred due to negligence or breach of obligation by the client to the employee.

  7. To the extent permitted by the relevant laws applicable, the Customer will be responsible for the risk of loss, theft, damage or destruction to the Equipment from any and every cause during the Hire Period.

  8. If the Equipment is lost or damaged, the Customer will: (1) continue paying Rent, (2) provide ATLH with prompt written notice of such loss and (3) pay to ATLH all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Customer.

  9. In the event of Total Loss of Equipment, the Customer will provide ATLH with prompt written notice of such loss and will pay to ATLH all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Customer.


  1. The Customer agrees to guarantee and indemnify ATLH against any loss suffered as a result of engaging the goods and services of ATLH.

  2. The Customer will indemnify and hold harmless ATLH against all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including but not limited to legal fees and costs, arising out of or related to the Customer’s use of the Equipment.

  3. If the Customer is a company, we require a personal guarantee by each of your directors.

  4. All guarantors shall be jointly and severally liable for the performance of all of the terms, covenants, and conditions of our agreements.

  5. You and the guarantors jointly and severally authorise us to exchange information about the creditworthiness of either yourself or the guarantors with any credit reporting agency at any time during the term of the agreement.


  1. A 50% deposit of the total price is required upon confirming the booking. The deposit is non-refundable.

  2. Full payment is required within 7 days of receipt of the invoice.

  3. Cancellation inside the 72-hour period prior to the commencement of the order/event/project will result in a non-

    refund on 100% of the total amount of the order.

  4. Permanent placement fees are payable by the client to ATLH in the case of permanent/long-term engagement of ATLH


  5. Standard operating hours apply Mon-Sat 07:00 – 18:00.

  6. The overtime entitlement is paid at time and a half (150%) for

    the first two hours and double time (200%) thereafter. Overtime penalties are calculated on the employee's ordinary time rate of pay. Overtime Rates apply Mon–Sun 18:00 – 06:30 or if Eight (8) hours of work is exceeded.

  7. All prices with asterisks* are indicative depending on site & terms.

  8. A penalty Rate of double time is applied for all work done on Sundays and Public Holidays.

  9. All Rates are non-inclusive of Goods & Services Tax (GST). An additional GST charge is raised in accordance with the Goods and Services Tax Act 1999 (Cth).

  10. Salary packages and fees are to be discussed and agreed upon in writing prior to the commencement of the employee's start date.

  11. The minimum charge is six (6) hours of work.

  12. In the event, that ATLH provide an employee to the client and a permanent position is offered to the ATLH employee, the client is to pay a percentage of the fee that applies to the

    employee's salary as per the recruitment rate schedule


53. Interest will be calculated daily at a rate of 10% per annum for any amount owing and unpaid to ATLH.


  1. All dollar amounts in this agreement refer to Australian dollars, and all payments required to be paid under this Agreement are to be paid in Australian dollars unless otherwise agreed on by the Parties.

  2. Price means our fixed and published price or the amount agreed between us or the amount established by a course of dealing between us. The price unless otherwise agreed does not include delivery costs.

  3. The observation of agreed time frames is of primary importance, and in that regard, time is of the essence in relation to any obligation under these Terms & Conditions in respect of a payment to be made.

  4. The payment terms are 7 days from the date of the issuance of an invoice by ATLH.

  5. By accepting payment of any sum after its due date we do not waive our right either to require payments as they fall due or to suspend or end our arrangements. You and any guarantor will be in default if you do not pay us when money is due for payment or fail to comply with any other obligation under our business arrangements.


59. Notwithstanding any other provision of this Agreement, the Customer will not be required to pay any tax, Fee or charge if the Customer is contesting the validity of same in the manner prescribed by the legislation governing the imposition of the same, or in the absence of a prescribed form, in a reasonable manner. However, the Customer will indemnify and reimburse ATLH for damages and expenses incurred by ATLH arising from or related to the Customer’s failure to pay any tax, fee or charge, regardless of whether the Customer is contesting the validity of the same or not.


  1. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:

    1. The Customer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Customer’s obligations under this Agreement.

    2. The Customer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia.

    3. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.

    4. The Customer is in breach of any contractual clause within this Agreement.

  2. Neither party will be liable for damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes, and/or any other cause beyond the reasonable control of the Party whose performance is affected.

  3. You also agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you and the guarantor if any and indemnify us against any losses resulting from the default.


63. On the occurrence of an Event of Default, ATLH will be entitled to pursue any one or more of the following remedies (“the Remedies”).

  1. Declare the entire amount immediately due and payable without notice or demand to the Customer.

  2. Commence legal proceedings to recover the entire amount owed and other obligations accrued before and after the Event of Default.

  3. Take possession of the Equipment, without demand or notice, wherever the Equipment may be located, without any court order or other process of law. The Customer waives any and all damage occasioned by such taking of possession.

  4. Terminate this Agreement immediately upon written notice to the Customer.

  5. Pursue any other remedy available in law or in equity.


64. To protect our security interest in the goods, we may choose to register the agreement between us under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). You agree to do all things necessary to facilitate such registration as a Grantor of a Security Interest under the PPSA.

  1. On default in payment, you irrevocably permit us or any person authorised by us in writing upon reasonable notice to enter your premises or the premises where the goods are reasonably believed by us to be held on your behalf or rely on any of the other enforcement provisions as provided under the PPSA. You also agree to indemnify and hold us harmless for all reasonable costs and expenses of recovery of the goods and losses if any on their resale.

  2. You agree to sign documents or do all things necessary to perfect our rights under the agreement and appoint us as your attorney to sign any document or do anything that may reasonably be required to enforce our rights on default.


  1. Unless otherwise agreed risk passes to you at the time we deliver our staff and personnel to you at your specified location.

  2. You represent and warrant to us that all information and representations that you or any person acting on your behalf has given in connection with our transactions are true and correct and that you have not failed to disclose to us anything relevant to our decision to have dealings with you and that no court proceedings or dispute is current that may have an adverse effect on performing your obligations under this agreement.

  3. Acceptance of the personnel delivered by us is deemed to take place upon our personnel entering your premises and commencing the Work as delegated and agreed by us.


  1. When a dispute arises between us you agree to comply with our dispute resolution process. To this end a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute.

  2. Each party will then in good faith attempt to resolve the dispute by negotiation, and if the dispute in some aspect involves payment of money, the party withholding payment is required immediately upon receipt of the notice to deposit the disputed amount into an escrow account with instructions pertaining to the release of funds. Undisputed amounts must be paid forthwith.

  3. Notices must be in writing and be given personally by Express or Registered Post with delivery confirmation or by facsimile transmission or email with receipt confirmation.

  4. You agree to notify ATLH of any changes which affect the legal entity, structure or management control of your business, including if you or your business becomes bankrupt or insolvent.

  5. Unless a provision is made to you in writing, you agree that you shall not represent to any third party that you are in any way acting for ATLH.

  6. This Agreement will extend to be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party of this Agreement.

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