- The individual and the business / company entity that register for Membership are both jointly and severally liable under these terms, and Membership is not transferable without the express written consent of Fair Work Centre.
- A member’s annual Membership year commences immediately upon registration, this date becoming known as the Member's 'anniversary date', and the Member's membership will become renewable 12 months later.
- Members may access their online Member Account 24 hours a day, 7 days a week, subject to the system being temporarily unavailable due to circumstances beyond Fair Work Centre’s control, and / or due to scheduled maintenance, where upon Members will be provided with advance notice of such maintenance.
- One (1) advice is deemed to be the equivalent of a phone and / or online advice consultation of up to fifteen (15) minutes in duration, unused advice credits in each Membership year do not accrue from year to year if unused in a previous Membership year, and any advice provided to a Member is based on information relating to that Member’s business that was provided to Fair Work Centre by the Member either upon first registering or when the advice request was made, unless express and clear instructions are provided to Fair Work Centre.
- The advice entitlements of Professional Package Members are subject to a Fair Use of our services.
- Any advice and / or other service provided to Members does not constitute legal advice, and our services are not tantamount to engaging in legal practice as defined under applicable state and federal laws.
- Members will not be entitled to representation by Fair Work Centre as part of their Membership in the first two (2) months' of their Membership year, or in the first two (2) months' immediately after Membership has been reactivated following suspension for non-payment of Membership fees.
- Representation is subject to the inclusions contained within the relevant Membership package (additional fees may apply to some Members), and in relation to Professional Package Members, such is limited to one (1) unfair dismissal conciliation by telephone in each twelve (12) month period, and additional fees will apply in relation to representation for second and subsequent unfair dismissal conciliations in that same twelve (12) month period.
- Where Fair Work Centre represents any Member in relation to an unfair dismissal, such representation is limited to telephone conferences with the Commission, and if Fair Work Centre elects to continue such representation and appear in person, such representation in person will attract additional fees.
- All templates and documents available on our website are in standard form, and may not suit a Member's individual business needs.
- Independent legal advice should be obtained before using any template or document obtained from our website, or relying on any of the information contained on our website.
- Fair Work Centre assumes no responsibility for the accuracy of any information or document contained on its website, and accepts no liability for any loss or damage which may arise from the reliance of any information or document contained on its website.
- In relation to a Member subscribed to an annual Membership Package, where a Member wishes to cancel their Membership, they may only do so from within their Member Account at any time (login and click on 'My Account' / 'Services' / 'View Modify' / 'Request Cancellation').
- Where Member does not cancel their annual Membership before their anniversary date, that Member’s Membership will automatically be renewed for a following Term on their anniversary date, and the Member will immediately become liable to pay the annual Membership fee for the renewed Term.
- Where a Member’s annual Membership is automatically renewed for a following Term in accordance with these terms, the Member authorises Fair Work Centre to charge the Member's credit card on the anniversary date for the renewed Term's Membership fee.
- In relation to a Member subscribed to a monthly Membership Package, a Member may cancel their Membership (which may only take effect at any point after the Term has expired) from within their Member Account (login and click on 'My Account' / 'Services' / 'View Modify' / 'Request Cancellation') by providing six (6) months' prior notice. To avoid doubt, notice may be provided within the Term, provided that the Member's Membership continues for at least the Term.
- Where a Member's monthly Membership Fee remains outstanding for thirty (30) days, Fair Work Centre will be entitled to recover the total of all unpaid and future monthly Membership Fees that are and / or will be payable to the end of the Term, or a period of six (6) months, whichever is greater.
- Fair Work Centre owns the absolute copyright in any information or document contained on its website.
- Fair Work Centre licences each Member to use any document obtained from its website for the purposes of operating their business only, except where the Member’s business involves reselling or redistributing such documents.
- No document obtained from Fair Work Centre’s website may be reproduced, resold or distributed, including (but not limited to) as part of an industry community, buying group, association or the like.
- Where a Member who has subscribed to a monthly Membership upgrades or downloads their Membership, that Member's Term will recommence from the date of the upgrade or downgrade, as the case may be.
- A breach of any of these terms by a Member will immediately entitle Fair Work Centre to cancel that Member’s Membership and retain the entire of the Membership fees for that Membership year, in addition to commencing legal proceedings for the purpose of recovering damages for such a breach.
- Where a term contained herein is inconsistent with anything displayed on Fair Work Centre’s website or any promotional material distributed by Fair Work Centre, the term contained herein will prevail to the extent of the inconsistency.
- Fair Work Centre may assign and / or transfer its rights and obligations to another party (“the transferee”) at any time, and in such circumstances, these terms will automatically form part of the membership agreement between each member individually and the transferee.
- In these terms, the words below have the following meanings:
“Advice” means basic advice and information relating to the operation of the Fair Work Act 2009 (Cth), the Fair Work Regulations 2009 (Cth) and any Modern Award;
“Business hours” means the hours between 9:00am and 5:00pm (AEST) on a business day”;
“Business day” means any day between Monday and Friday (inclusive), and excludes a national public holiday and a day declared by or under the law of any state and / or territory to be observed generally as a public holiday.
“Fair Use” means a reasonable amount of time (which is not excessive) for us understanding advice requests (including the review of any documents) and providing advice to a Member, and such advisory services are generally limited to a total of one (1) hour per month;
“Term” means a period of twelve (12) months, commencing on the day that a Member subscribes to a monthly Membership Package.