Fillable Work Experience Agreement Digital Form (James Cook University of North Queensland)

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Work Experience Agreement Digital Form (James Cook University of North Queensland)

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1
SECONDARY SCHOOL WORK EXPERIENCE AGREEMENT
The purpose of this document is to outline the responsibilities of both JCU and the School in relation to the placement of School
Students for work experience at JCU.
Reference Schedule
Item 1
School (Cl.1.1)
State of Queensland through Department of Education
and Training via
Item 2
Commencement Date (Cl.2)
Item 3
Term (Cl.2)
Item 5
Liaison Officers (Cl.1.1)
School
Name:
Address:
Positio
n:
Telephone:
Email:
James Cook University
Name:
Address:
Position:
Telephone:
Email:
Signed by t
he parties on the dates set out below.
SIG
NED for and on behalf of James Cook University
by an authorised officer
SIGNED for and on behalf of State of Queensland through
Department of Education and Training via
by an authorised officer
Signature _________________________________
Signature _______________________________
Name _______
___________________________ Name __________________________________
Positio
n __________________________________ Position ________________________________
Date _______
___________________________ Date ___________________________________
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2
1. Definition and Interpretation
1.1 Definitions
In this Agreement, unless the context otherwise requires:
“Business Day” means a day on which the offices of the School
and JCU are open to the public.
“Client” means a patient, customer, patron or any other person to
whom JCU provides services.
“Client Treatment Records” means a record which identifies and
contains Personal Information about:
(a) a Client; or
(b) a group of Clients (as the case may be).
“Commencement Date” means the date specified in the
Reference Schedule.
“Confidential Information” means:
(a) information which by its very nature might be reasonably
understood to be confidential or to have been disclosed in
confidence;
(b) information which JCU indicates is confidential;
(c) information which relates to any arrangements or
transactions between JCU and its Clients;
(d) Personal Information of JCU and/or its Clients;
(e) information which would be of commercial value to a
competitor of JCU; or
(f) all records based on or incorporating information referred to
in clauses (a) to (e);
but does not include information that is or becomes public
knowledge, other than by breach of this Agreement or by any other
unlawful means.
“Intellectual Property”
means all copyright and neighbouring
rights, all rights in relation to inventions (including patent rights),
plant varieties, registered and unregistered trademarks (including
service marks), registered designs, and circuit layouts,
confidential information, and all other rights resulting from
intellectual activity in the industrial, scientific, literary or artistic
fields.
“Liaison Officer” means the representative of each of the Parties
as nominated from time to time by the Parties. At the
Commencement Date, the Liaison Officers are the persons listed
in the Reference Schedule.
“Material”
means any material, including but not limited to
original works, documents, computer software, and data stored
by any means.
“Party”
means a party to this Agreement.
“Personal Information” means information or an opinion
(including information or an opinion forming part of a database),
whether true or not, and whether recorded in material form or not,
about a natural person whose identity is apparent, or can
reasonably be ascertained, from the information or opinion.
“Premises” means the place controlled by JCU, as detailed in
a Work Experience Schedule, at which the Work Experience will
take place.
“School” means the school specified in the Reference Schedule.
“School Student/s” means an enrolled student of the School who
is undertaking Work Experience.
“Term” means the period referred to in the Reference Schedule.
“Work Experience”
means the placement of one or more
School Students with JCU in accordance with the terms of this
Agreement and as specified in an executed Work Experience
Schedule.
“Work Experience Material”
means Material created in
the course of a Work Experience.
1.2
Interpretation
In the interpretation of this Agreement:
(a) s
ingular includes plural and vice versa;
(b) any gender includes every gender;
(c) references to a person includes a corporation, association,
partnership, Government Authority, or any legal entity;
(d) references to statutes include statutes amending,
consolidating or replacing the statutes referred to and all
regulations, orders-in-council, rules, by-laws and ordinances
made under those statutes;
(e) headings and the table of contents (if any) are used for
convenience only and are to be disregarded in interpretation;
(f) where any word or phrase is given a defined meaning, any
other grammatical form of that word or phrase has a
corresponding meaning;
(g) covenants by each party include an obligation to procure
compliance by each of the party’s employees and all other
persons under the control of that party;
(h) where a party consists of more than one person the covenants
on the part of the party bind each two or more persons jointly
and each person severally. The release of one of the persons
from an obligation does not release any other person who may
be jointly liable;
(i) any undertaking by a party not to do any act or thing is taken
to include an undertaking not to permit or suffer the doing of
the act or thing;
(j) where under this Agreement the day on or by which any act or
thing is to be done is not a Business Day that act or thing must
be done on the next Business Day following the due day;
(k) all annexures, schedules and other attachments (if any) form
part of this Agreement;
(l) references to "writing" include all means of reproducing words
in a tangible, permanently visible form in the English language;
and
(m) a reference to anything after the words "includes" or "including"
does not limit what else might be included.
2. Term of Agreement
Thi
s Agreement commences on the Commencement Date and
continues for the Term unless terminated in accordance with
Clause 3 of this Agreement.
3. Te
rmination
Ei
ther party may terminate this Agreement without cause and at its
absolute discretion by giving a minimum of 2 weeks written notice
of termination to the other party. Where possible the parties will
endeavour to ensure the Agreement is not terminated whilst
School Students are undertaking Work Experience.
4. Wo
rk Experience
JCU
and the School agree to arrange Work Experience during the
Term through the completion and execution by both Parties of a
Work Experience Schedule (using the schedule template set out in
Appendix 1).
5. Re
sponsibilities of JCU
5.1 J
CU is responsible at all times for the standards of care
provided for its Clients.
5.2 T
he School acknowledges that a School Student may not
commence any contact with a Client, unless and until the
Client and/or the Client’s guardian is fully informed and
provides consent.
5.3 Unl
ess otherwise agreed between the parties, JCU will
provide supervision for all School Students undertaking
Work Experience.
5.4 JCU
will accept for Work Experience the number of School
Students specified in each executed Work Experience
Schedule during the dates and times specified in the Work
Experience Schedule.
5.5 JCU m
ay require the School to remove a School Student
from Work Experience if JCU considers that:
(a) the School Student is not conforming to agreed
standards, regulations, procedures and by-laws; or
(b) the School Student is not behaving in a safe or
professional manner.
6. Responsibilities of the School
6.1 T
he School will ensure that School Students preserve
Confidential Information.
6.2 T
he School has responsibility for the selection of School
Students and for the guidance and counselling of School
Students (if necessary).
6.3 T
he School has responsibility for undertaking disciplinary
action against School Students (if the School determines it
to be necessary).
6.4 The School acknowledges that School Students, whilst
participating in Work Experience will be bound by the
3
applicable standards, regulations, policies and procedures
of JCU.
6.5 The School must ensure that its staff use the mutually
agreed upon communication channels with JCU when
making arrangements for Work Experience and allow
sufficient time for negotiations regarding these
arrangements to take place.
7. Indemnity
7.1 The School will indemnify JCU, its officers, employees and
agents (collectively referred to as “the Indemnified”)
against all actions, losses, claims, demands, costs and
expenses (including the cost of defending or settling any
action, claim or demand) made sustained, brought or
prosecuted against the Indemnified in any manner which
may arise in connection with:
(a) any act or omission of a School Student or a School staff
member whilst participating in Work Experience; or
(b) a breach of this Agreement by the School.
7.2 The indemnity given pursuant to clause 7.1 will be reduced
proportionately to the extent of contribution by JCU to any
such loss, damages, or expenses.
8. Work Health and Safety
8.1 JCU assumes management or control of the Premises.
8.2 JCU will use its best endeavours to ensure that all work
practices involving School Students undertaking Work
Experience are in accordance with the Work Health and
Safety Act 2011 and any subordinate legislation or
regulations or Codes of Practice (the “Work Health and
Safety Legislation”).
8.3 The School will instruct the School Students to:
(a) take reasonable care for their own health and safety;
(b) take reasonable care to ensure their acts or omissions
do not adversely affect the health and safety of other
persons; and
(c) comply with any instruction that is given by JCU or a
JCU staff member to assist JCU in complying with the
Work Health and Safety Legislation.
8.4 JCU will notify the School in writing within 24 hours after the
occurrence of any accident, incident or injury which affects
a School Student or in which a School Student is involved
during Work Experience.
8.5 The Parties acknowledge that:
(a) the hours worked by the School Students will not
exceed the normal hours worked in the industry within
which the Work Experience is taking place; and
(b) the School Students will not perform work which is
prohibited by law.
9. Insurance
9.1 During the term of this Agreement, the School will maintain
the following insurance coverage with a reputable insurer:
(a) public liability insurance for an amount of not less than
$10,000,000.00 per occurrence.
9.2 The School will on request, provide JCU with satisfactory
evidence of current insurance policy referred to in clause
9.1.
10. Dispute Resolution
10.1 Subject to clause 10.3 the Parties agree not to commence
any legal proceedings in respect of any dispute arising under
this Agreement, which has not been resolved by informal
discussion, until the procedure provided by this clause has
been followed.
10.2 The Parties agree that any dispute arising during the course
of this Agreement will be dealt with as follows:
(a) the Party claiming that there is a dispute will send the
other a written notice setting out the nature of the
dispute;
(b) the Parties will try to resolve the dispute through direct
negotiation by persons who they have given authority to
resolve the dispute;
(c) the Parties have ten (10) Business Days from the
receipt of the notice to reach a resolution or to agree
that the dispute is to be submitted to mediation or some
alternative dispute resolution procedure; and
(d) if:
(i) there is no resolution of the dispute;
(ii) there is no agreement on submission of the dispute
to mediation or some alternative dispute resolution
procedure; or
(iii) there is a submission to mediation or some other
form of alternative dispute resolution procedure, but
there is no resolution within fifteen (15) Business
Days of the submission, or such extended time as
the Parties may agree in writing before the
expiration of the fifteen (15) Business Days,
then, either Party may commence legal proceedings.
10.3 This clause 10 does not apply to the following circumstances
where either Party commences legal proceedings for urgent
interlocutory relief.
10.4 Despite the existence of a dispute, both parties must (unless
requested in writing by the other Party not to do so) continue
to perform obligations under this Agreement.
10.5 The operation of this clause 10 survives the expiration or
earlier termination of this Agreement.
11. Intellectual Property Rights
11.1 Subject to any other agreement and this clause 11, JCU
agrees that each School Student shall own the Intellectual
Property in any Work Experience Material created by the
School Student as part of their assessment or reporting
obligations for their studies.
11.2 The parties agree Intellectual Property in Client Treatment
Records and Work Experience Material, other than the
Work Experience Material specified in clause 11.1, which
is created by the Students staff shall vest in and be owned
by JCU.
12. Immunisation and Infection Control
12.1 Where applicable, the School will advise its staff and
School Students of any immunisation or other
requirements of JCU that must be met prior to first
attendance at JCU’s Premises.
12.2 J
CU must notify the School of any such immunisation or
other requirements within a reasonable time prior to
commencement of a Work Experience.
13. Status of the Parties
13.1 The School and JCU acknowledge that School Students
participating in Work Experience are not employees of JCU.
13.2 Unless otherwise stated:
(a) nothing in this Agreement creates a joint venture,
partnership, or the relationship of principal and agent,
or employee and employer between the parties; and
(b) no party has the authority to bind any other party
by any representation, declaration or admission, or to
make any contract or commitment on behalf of any other
party or to pledge any other party’s credit.
14. General Provisions
14.1 Governing Law
The laws in force in Queensland shall govern this Agreement. Each
party irrevocably submits to the non-exclusive jurisdiction of courts
exercising jurisdiction in Queensland.
4
14.2 Notices
(a) Any notice or other communication given by the parties
under or about this Agreement must be in writing.
(b) A notice is taken to be received (as the case may be):
(i) if delivered personally, on the Business Day it is
delivered;
(ii) if sent by ordinary prepaid post, five (5) Business
Days after posting; or
(iii) if sent by facsimile, when the sender receives
confirmation that the facsimile has been
transmitted to the addressee’s facsimile number in
its entirety.
14.3 Entire Agreement and Variations
This Agreement constitutes the entire Agreement between the
parties and may only be varied by a mutual agreement of the
parties in writing.
14.4 Waiver
(a) A right under this Agreement cannot be waived where
the waiver is in writing and is signed by the relevant
party.
(b) A waiver by either party will not prejudice its rights in
respect of any subsequent breach of this Agreement by
the other party.
14.5 Assignment
Neither of the Parties may assign the whole or any part of
their obligations under this Agreement.
14.6 Counterparts
This Agreement may be signed in any number of counterparts,
whether by facsimile and/or email transmission which when taken
together constitutes this Agreement.
14.7 Severability of Provisions
Any provision of this Agreement which is illegal, void or
unenforceable is ineffective to the extent only of such illegality,
voidness or unenforceability without invalidating any of the
remaining provision of this Agreement
14.8 Costs
Each party is responsible for its own costs in relation to the
negotiation, preparation and execution of this Agreement.
14.9 Warranty of Execution
The signatories warrant and represent that he and/or she has the
authority to sign the Agreement on behalf of the party that he
and/or she purports to sign.
5
APPENDIX 1
WORK EXPERIENCE SCHEDULE
Item (a)
The area of practice in which the
School Student(s) is to be placed
[eg. bio medicine, sports medicine]
Item (b)
Dates and times of School Student
attendance
Item (c)
School Student(s) name and date of
birth
Item (d)
JCU Premises for the Work Experience
EXECUTION
This Work Experience Schedule is executed in accordance with the Secondary School Work Experience Agreement between
State of Queensland through Department of Education and Training via Northern Beaches State High School and James Cook
University dated #### and is subject to its terms.
Signed by the parties on the date set out below.
SIGNED for and on behalf of State of Queensland through SIGNED for and on behalf of James Cook University
Department of Education and Training via Northern Beaches by an authorised officer
State High School (the School)
by an authorised officer
Signature _________________________________ Signature _______________________________
Name __________________________________ Name __________________________________
Position __________________________________ Position ________________________________
Date __________________________________ Date ___________________________________
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Work Experience Agreement Digital Form (James Cook University of North Queensland)

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Completed 24 July 2020

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