Exclusive Supply Agreement
1. Exclusive Supplier
The Client agrees that Corrective Services Pty Ltd (“the Company”) shall be the sole provider of licensed security personnel for all booked times and dates. The Client must not engage, contract, or permit any third-party security provider or personnel to operate at the designated site or licensed venue during these periods without prior written consent from the Company.
2. Compliance with Security Requirements
The Client acknowledges and agrees to comply with all applicable legal and regulatory obligations regarding the provision of security personnel, including but not limited to the Crowd Controllers Act and related legislation.
Specifically:
- The requirement is 2 x Crowd Controllers for the first 100 patrons, and 1 x additional Crowd Controller per 100 patrons thereafter.
- The Client must provide accurate estimates of patrons booked for functions or events, including walk-in patrons.
The Company relies on:
- Accurate expected patron numbers for the licensed premises.
- Adequate provision of crowd controllers to mitigate identified risks.
Failure to provide adequate security personnel in relation to increased patron numbers may constitute a breach of the Occupational Health and Safety Act 2004 (Vic), potentially exposing both the Client and the Company to legal consequences.
Section 21(e) – Occupational Health and Safety Act 2004
The employer must provide and maintain a working environment that is safe and without risk to health. This includes providing employees with proper information and instruction on workplace risks, such as inadequate security coverage.
3. Misrepresentation of Security Requirements
The Client agrees to provide accurate and truthful information regarding their security needs, including:
- Estimated patron, guest, and visitor numbers.
- Requests for a sufficient number of security personnel to meet legal obligations.
Failure to do so, including deliberate misrepresentation, may result in:
- Immediate termination of services due to endangerment of the Company’s staff.
- Legal consequences and regulatory penalties.
4. Prohibition on In-House or Substitute Security
The Client must not replace or supplement licensed Company guards with in-house or unlicensed personnel. All security coverage during agreed times must be exclusively provided by the Company’s licensed security staff.
5. Liability and Indemnity
The Client agrees to indemnify and hold harmless the Company from all claims, damages, or penalties resulting from non-compliance with this Agreement, including breaches of law, regulation, or actions from regulatory bodies.
6. Amendments and Additional Requests
Requests to alter booked times, dates, or the number of guards must be submitted in writing and approved by the Company at least 48 hours in advance. Late changes are subject to availability and may incur additional charges.
7. Termination of Agreement
The Company reserves the right to terminate this Agreement if:
- The Client breaches any of the terms herein.
- The site or venue is deemed unsafe or unsuitable for the delivery of professional security services.
8. Public Holiday and NYE Rates
Unless otherwise pre-agreed in writing, the following holiday rate of $150 + GST per hour per guard will apply:
- Monday, March 10, 2025
- Friday, April 18 – Monday, April 21, 2025 (Easter)
- Friday, April 25, 2025 (ANZAC Day)
- Monday, June 9, 2025 (Queen’s Birthday)
- AFL Grand Final public holiday
- Tuesday, November 4, 2025 (Melbourne Cup)
- Thursday, December 25 & Friday, December 26, 2025 (Christmas)
- December 31 (New Year’s Eve – same rate applies)
9. CPI Adjustment
Unless agreed otherwise, the hourly rates will increase by 5% per annum in line with the Australian Consumer Price Index (CPI).
10. Non-Disparagement
Both parties agree not to make any disparaging or negative public statements about each other, either during or after the term of this Agreement. This clause protects the professional reputation and goodwill of all parties involved.
11. Confidentiality
The terms and conditions of this Agreement are strictly confidential. Each party agrees not to disclose any part of this Agreement unless legally required to do so. Where disclosure is required by law or regulation, the disclosing party must, where practicable, notify the other party in advance.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. All parties submit to the jurisdiction of the courts of New South Wales for any dispute arising under or in connection with this Agreement.
13. Non-Solicitation / No Poaching Clause
The Client agrees not to solicit, engage, or attempt to engage any current or former employees or contractors of the Company, either directly or indirectly, for the provision of similar services outside this Agreement. This applies both during the term of this Agreement and for a period of 12 months thereafter.