By registering an EOI in the nbn Industry Workforce Development Program (“Program”), you are entering into a legally binding agreement with NBN Co Limited (ABN 86 136 533 741) (“nbn, we, us and our”). In consideration of your access to and/or use of the Candidate Management Page of the CRM, you agree (in your individual capacity) to be bound by and abide by the terms and conditions set out in these Terms of Use (“Terms”).
(a) “Candidate” means anyone who registers and EOI in the Program via the Candidate Management Page;
(b) “Candidate Management Page” means a website that enables candidates to register an EOI in relation to the Program and captures and stores information that candidates have provided either through registering an EOI, or provided to nbn through updating their EOI candidate record;
(c) “Collaborating Organisations” means Contractors that work together to review and hire candidates and may be any combination of Contractors identified in sub-clauses (i)-(iv);
(d) “Contractor(s)” mean the entities listed below in sub-clauses (i)-(iv) that participate in the Industry Workforce Development Program;
i) Delivery Partner; or
ii) Sub-contractor; or
iii) Labour Hire; or
iv) Group Training Organisation
(e) “CRM” means the Athena CRM that supports the Program and stores registered candidate’s information and tracks their recruitment status across participating Contractors;
(f) “Delivery Partner” means an organisation that is contracted to nbn to construct, activate, operate, design or maintain the nbn™ network;
(g) “EOI” means an expression of interest and where candidates register their interest in the Program on the Candidate Management Page;
(h) “Group Training Organisation” a company that will hire candidates as apprentices or trainees, act as the legal employer, and host them to work at a Delivery Partner or Subcontractor organisation;
(i) “Labour Hire” means a person otherwise subcontracted by an organisation (whether by a Delivery Partner or a subcontractor to a Delivery Partner) for the purposes of the construction, activation, operation or maintenance of the nbn™ network;
(j) “Permitted Purpose” means supporting and furthering the objectives of the Industry Workforce Program as outlined in http://www.nbnco.com.au/corporate-information/careers/building-the-workforce/industry-workforce-development-program.html; and
(k) “Subcontractor” means a person or an organisation that is contracted by a Delivery Partner to construct, activate, operate, design or maintain the nbn™ network.
2.1 The purpose of the Program is to increase the number of skilled workers that are available to build, operate and maintain the nbn network. nbn has recently commenced market stimulus activities to attract workers to the telecommunications industry. The stimulus activities invite individual Candidates to register an EOI to work for an nbn Delivery Partner or subcontractor on the nbn network in high skill shortage occupations.
2.2 By registering an EOI on the Candidate Management Page, you agree that:
(a) you are interested in working for a Delivery Partner or Subcontractor on the nbn™ network in one of the high skill shortage occupations;
(b) nbn may refer and provide your details onto their Delivery Partners and Group Training Organisations via the CRM; and
(c) Delivery Partners can refer and provide your details on to their Subcontractors, Labour Hire’s and Group Training Organisations via the CRM.
2.3 By registering an EOI via the Candidate Management Page you understand that:
(a) nbn will not directly employ for any of these roles referred to above which will be offered through our Delivery Partners or their Subcontractors. If you wish to apply for roles at nbn direct, please visit http://www.nbnco.com.au/corporate-information/careers.html
(b) Training through the Industry Workforce Development Program will be subject to confirmation by a Contractor of your employment with that Contractor, and is limited to units of competency in Certificate II in Telecommunications Network Build and Operate (Certificate II) and Certificate III in Telecommunications Network Build and Operate (Certificate III), as they may be updated from time to time and provided by nbn approved Training Providers. Individuals who wish to undergo training before employment may do so by completing the units of competencies outlined for the Training Program at their own expense, but training will not guarantee employment with a Contractor.
(c) Payment for training will be subject to confirmation by a Contractor of your employment with that Contractor and is limited to the Certificate II and Certificate III courses provided by nbn approved Training Providers.
2.4 The CRM:
(a) permits nbn to add candidates to, update candidate details, or remove candidates from, the CRM;
(b) allows nbn and Contractors to:
(i) view details of referred candidates for recruitment consideration; and/or
(ii) track the referral process and maintain the recruitment status of referred candidates.
(c) allows Contractors to refer relevant candidates to their respective Collaborating Organisations.
2.5 By participating in the Program you agree that:
(a) nbn can refer and provide your details onto the Contractors;
(b) nbn’s Delivery Partners can refer and provide your details to their Sub-contractors and other Collaborating Organisations; and
(c) nbn may directly contact you for marketing/information purposes in furtherance of the Program.
3.1 You warrant that all information that you submit through your EOI in the Industry Workforce Development Program to the CRM is accurate, truthful, complete and up-to-date. It is your responsibility to inform nbn of any changes to information provided. You may do this at any time by contacting us at eoi@nbnco.com.au or calling 1800 EOI NBN.
4.1 nbn will handle personal information it collects and hold about you in accordance with our “Privacy Policies” (located at http://www.nbnco.com.au/privacy and http://www.nbnco.com.au/iframe/eoi-reg-privacy-policy.html). Our Privacy Policies form part of these Terms.
5.1 You agree to only use the Candidate Management Page in accordance with these Terms and applicable laws. Without limiting the previous sentence, you must not:
(a) use Candidate Management Page (or any content and/or services provided or made available through the Candidate Management Page) for any purpose other than for the Permitted Purpose and as permitted by these Terms;
(b) disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from the CRM (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));
(c) access Candidate Management Page in any manner that could disable, overburden, damage, or impair the CRM, interfere with any other party’s use of the CRM (including their ability to engage in real time activities through the CRM), or otherwise attempt to interfere with the proper working of the CRM.
5.2 You must not, directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the CRM, or in any other manner whatsoever corrupt, degrade or disrupt the CRM.
5.3 You must not permit a third party to upload, submit or request that any changes be made to any data or information on your profile.
We may, from time to time, publish links to other third party sites on the Candidate Management Page. These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
7.1 The CRM, Candidate Management Page and all content and/or services provided or made available through the CRM, are made available to you on an 'as is' and 'as available' basis.
7.2 Candidate information is shared by nbn with Contractors via a referral in the CRM at and when Contractors make a specific request in a specified region. nbn will refer candidates based solely on Contractor demands, including region, candidate self-reported experience, and total quantity of candidates requested. nbn is under no obligation to refer candidates onto Contractors if their profile does not match the requested criteria as outlined by the Contractors, or when Contractors have not made a referral request. nbn is not responsible if a candidate does not report information that would make them eligible for referral for a specified referral and will not retroactively refer candidates onto the Contractor.
7.3 By accessing the CRM, you acknowledge, understand and agree that:
(a) nbn provides administrative access to the CRM and Candidate contact details for Contractors to contact Candidates;
(b) Candidates are sorted objectively based on data entered into the CRM candidate profiles relating to work region and experience;
(c) nbn is not involved with any decisions relating to the engagement or employment of Candidates;
(d) nbn does not assess or review Candidate profiles and makes no warranties as to the information entered into the CRM; and
(e) Contractors have complete discretion in relation to the recruitment of Candidates.
7.4 You acknowledge and agree that:
(a) To the extent possible under the law, and subject to section 8, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of the CRM or Candidate Management Page. We will not be liable if the CRM or Candidate Management Page (or any content submitted to, provided on or made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if the CRM (or any services provided or made available through it) are unavailable for any reason, including, but not limited to, directly or indirectly as a result of:
(i) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(ii) negligent, malicious or wilful acts or omissions of third parties or Contractors;
(iii) maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of CRM;
(iv) any events beyond our control; or
(v) services provided by third parties ceasing or becoming unavailable.
(b) nbn provides Contractors with access to the CRM and candidate contact details solely to enable Contractors to contact candidates in connection with potential recruitment to work on the nbn™ network and in furtherance of the Permitted Purpose.
7.5 You also acknowledge and agree that to the extent possible under the law, and subject to section 8, nbn do not represent, warrant or guarantee that CRM is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
8.1 To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
8.2 Except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.
9.1 Subject to section 7 and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:
(a) in connection with or in any way relating to the Candidate Management Page or any content and/or services provided or made available through the CRM, including:
(i) in connection with any disruption to or unavailability or failure of the CRM or interference with or damage to computer systems or other electronic devices;
(ii) in connection with errors, omissions or inaccuracies contained in any information published on or available via the CRM;
(iii) as a result of any fraudulent use, misuse or misappropriation of any user account; or
(iv) as a result of any act committed by another person in connection with your use of the CRM or any content and/or services provided or made available through the CRM;
(b) arising from any circumstance beyond our control; and
(c) otherwise under or in connection with these Terms.
10.1 Without prejudice to any other rights or remedies that we may have against you under these Terms or at law, if you breach any provision of these Terms, we may, without prior written notice, suspend, terminate or disable your access to the CRM, without any liability to you. This will include termination of your profile. On termination of the Program, and/or on suspension of your profile/user account, your profile/user account will be archived and will be no longer shared or made available to participants in the Program.
10.2 We also may at any time and in our sole discretion change all or part of the CRM (including the availability of any feature or content) or suspend access to the Portal at any time for any reason, or suspend the Program without having to give you notice; and
10.3 If you do not accept a change made by us to these Terms, you must immediately contact us to withdraw from the Industry Workforce Development Program by sending an email to eoi@nbnco.com.au or calling 1800 EOI NBN. nbn will then deactivate your profile in the CRM
10.4 You may close your user account at any time by sending an email to eoi@nbnco.com.au or calling 1800 EOI NBN.
11.1 If you are having difficulties registering an EOI or would like to lodge a query or complaint, please contact us at eoi@nbnco.com.au, request a Complaints Registration Form through the Contact Us page of the nbn website, or call us on 1800 626 364 (1800 EOI NBN) General
11.2 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
11.3 If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.
11.4 These Terms will be governed by and construed in accordance with the laws in force in New South Wales, and you unconditionally submit to the jurisdiction of the courts of New South Wales. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.
11.5 These Terms are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format) and for the avoidance of doubt, shall apply retrospectively to the extent applicable.