Independent Contractor Agreement - Australia

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Independent Contractor Agreement - Australia Powered By Docstoc
					            INDEPENDENT CONTRACTOR AGREEMENT
                        AUSTRALIA


THIS AGREEMENT (the “Agreement”) is executed on _____day of 20__ (the “Effective Date”)
by and between __________________________________________________(the “Company”),
a company organized and existing under the Corporations Act 2001 (Cth) located at
_________________________ and ___________________________________ (the
“Independent Contractor”) an Individual operating under an Australian Business Number
(ABN), ________________________________________in the State of ___________ located at
___________________________________________________.

BACKGROUND
The Company desires to engage and contract for the services of the Contractor to perform certain
tasks as described in Schedule A attached to this Agreement . The Contractor desires to enter
into this Agreement and perform as an independent contractor for the Company on the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the above recitals and mutual promises and conditions
contained in this Agreement, the Parties agree as follows:


1.     TASKS, DUTIES AND SCOPE OF WORK

Parties agree that Contractor shall perform the services as described in Schedule A attached to
this Agreement and made part of it. Company has the sole discretion to change to tasks, duties
and scope of work from time to time, in consultation with the Contractor.

2.     FEES AND PAYMENT

Contractor will be paid fees for Services performed as and in the following manner:
______________________________________________________________________________
______________________________________________________________________________
___________________________________________________________

3.     TERM AND TERMINATION

This Agreement shall commence on the effective date and shall remain in full effect until
______________, unless terminated earlier by one of the following provisions:

i.      Either party may terminate this Agreement without cause after giving __ days written
notice to the other party;
ii.     Either party may terminate this Agreement with cause at any time upon providing written
notice of the reasonable cause therefor to the other party. Reasonable cause includes, but is not
limited to, a material violation of a provision of this Agreement, and the commission of any act
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exposing the other party to liability to others for personal injury or property damage. If the
defaulting party is unable to cure the violation within the notice period of 15 days, this
Agreement stands terminated at the end of such a notice period;
iii.    The filing by Company of a voluntary petition in bankruptcy, the institution of
proceedings in bankruptcy against Company and the adjudication of Company as bankrupt
pursuant to such proceedings;
iv.     The Company may terminate this Agreement by written notice, if the Contractor:
a.      is in breach of any provision set out in this Agreement and fails to cure the breach within
a reasonable time as determined by the Company ;
b.      displays insufficient skill, professionalism and expertise to carry the work to the standard
required by the Company .



4.     STATUS OF INDEPENDENT CONTRACTOR
The parties acknowledge that in providing the Services the Contractor acts as an independent
Contractor as governed by the Independent Contractor Act, 2006 (Cth) and not as an employee,
partner or agent of the Company and the Independent Contractor shall have no authority to act
for or to bind the Company in any manner whatsoever other than as expressly contemplated by
this Agreement. Contractor agrees that the Contractor shall not be entitled to payment of salary,
holiday pay, sick pay, severance pay, long service leave or any other entitlement which an
employee has in respect of his or her employer. Contractor shall be solely responsible for all
payments in relation to any taxes such as, but not limited to, income tax, PAYGWT, pay-roll tax,
sales tax or any other payments imposed on an employer in respect of employees under the law
of Australia ;


5.     TAXATION

i.      The Contractor must provide the Company with a valid Australian Business Number
(“ABN”); or a completed Australian Tax Office (“ATO”) declaration form relating to reasons for
not quoting an ABN.
ii.     If the Contractor fails to provide the information required under Clause 5(i) the
Contractor acknowledges that the Company may be required under the Income Tax Assessment
Act 1997 (Cth) to provide a portion of the Fee to the ATO prescribed under the Taxation
Administration Act 1953 (Cth).
iii.    The Contractor warrants that the information 
				
DOCUMENT INFO
Description: Independent contractor agreement is an agreement between a company that hired an independent contractor under the Independent Contractor Act, 2006 (Cth).
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