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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5054
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have a startup hair care company where i would like to

Customer Question

Hello, I have a startup hair care company where i would like to sell products that i have manufactured. I want to hire sales contractors. What kind of documents would i have to provide them?
Submitted: 10 months ago.
Category: Australia Law
Expert:  Daniel replied 10 months ago.

Hello
A contractor agreement is all that is needed.

Expert:  Daniel replied 10 months ago.

http://www.cardno.com/en-au/Careers/Documents/FORM%20OF%20CONTRACT%20-%20Subcontractor%20Agreement%20Template%202015_FINAL.pdf

Expert:  Daniel replied 10 months ago.

the link above is a template that you can use also.

Expert:  Daniel replied 10 months ago.

At the end of the day, all you need is an agreement that the contractors are not employers, need to invoice you, not have their superannuation paid and be liable for their own costs.
Plus have an ABN and the like, along with insurance.
Make it clear that they are not employees.

Customer: replied 10 months ago.
do we need to registr the cotnract to the labor arbitet or it should be stipulated in the contract the name of arbiter
extra juidicial resolution of dispute, so that no court will intervene.At what point to stop the contract? it must be stated in the contract, that if the salesman cant meet the quota. dowe have the right to terminate the contract?
Expert:  Daniel replied 10 months ago.

No need for it to be registered.
Sadly however, you cannot contract out of a court being able to intervene.
You can have the contract terminated with notice, it is more appropriate than an 'end date.'

Customer: replied 10 months ago.
What i am afraid of is when they leave, they will disclose our personal information to others. Is there documents for that too? or is that included in the agreement as well? They are also being paid in commissions only, is there any law on that and needed to be mentioned in the agreement?You also said they need an ABN and insurance. Do we have to collect there Insurance details? and is there any problems if we collect there personal details such as license, medicare just incase we run into problems in the future?
Customer: replied 10 months ago.
How about bacground checks? is possible to do criminal checks?
Expert:  Daniel replied 10 months ago.

Hello
It would be seen as prudent for you to get their ABN and copy of insurance.
You can have them provide a criminal record also.
In respect of personal info, it maybe canvassed in the agreement, however it is matter for you.

Customer: replied 10 months ago.
Hello again, sorry im just getting really confused with agreements in general.I was told that i need a commercial agent agreement. What is the difference between the contractors agreement and commercial agents agreement?Also, With a terms of sales agreement, At what point do we issue this to the customer? Can we offer this with the tax invoice?
Expert:  Daniel replied 10 months ago.

They are both interchangeable.
You can offer it with the tax invoice.

Expert:  Daniel replied 10 months ago.
Expert:  Daniel replied 10 months ago.

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