INDEPENDENT CONTRACTOR AGREEMENT

FOR SERVICES

BETWEEN

(the Principal")

AND

(the Contractor")
Independent Contractor Agreement for Services

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

DATED: / /

BETWEEN: BOSS TRAINING PTY LTD ABN: 31 610 190 282

of 2/101 Brisbane Road, Mooloolaba QLD 4557
(the Principal")

AND ANTHONY REILLY

of: 13 Marla Way, Carrara QLD 4211
ABN: 22 204 983 367
(the Contractor")

1. THE APPOINTMENT

1.1. The Principal by this agreement (the Agreement) engages the Contractor to perform the
services (the Services) described in Item One of the Schedule and the Contractor has agreed
to perform the Services for the Principal for the price (the Contractors Fees) set out in Item
Two of the Schedule and on the terms set out in this Agreement.

1.2. The Contractor is an independent Contractor, not an employee.

1.3. The Contractor represents and warrants to the Principal that the Contractor has all the
necessary skills, knowledge, experience and expertise to perform the Services and will
perform the Services to a good and proper standard.

1.4. The Contractor holds all necessary qualifications, certificates, licences and permits required,
including by law, in order to allow the Contractor to perform the Services. The Contractor
must ensure that all staff it employs or sub-contracts to carry out the Contractors obligations
are of a standard sufficient to satisfy its obligations under this Agreement.

1.5. Where any manuals and/or training resources are required in order for the Principal to enjoy
or use the Services, the Contractor will provide these to the Principal in such form as the
Principal may reasonably require and for no additional fee.

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Independent Contractor Agreement for Services

2. THE PRICE, PAYMENT AND VARIATIONS

2.1. The Contractor will issue a valid tax invoice to the Principal which must include the
Contractors ABN, address, state the amount of goods and services tax (GST), a description of
the completed unit/s in accordance with Item Two of the Schedule and any other information
as reasonably required by the Principal.

2.2. The tax invoice will be issued by the Contractor for payment of the agreed Contractors Fees
as set out in the tax invoice in accordance with Items Two and Three of the Schedule. The
Contractor authorises the Principal to produce a recipient created tax invoice for the
Contractors Fees and in such case the Contractor will not issue tax invoices for the
Contractors Fees.

2.3. The Contractors fees and any other amounts payable under this Agreement do not include
GST. If GST is payable on any supply made by a party under or in connection with this
Agreement, the consideration provided (or to be provided) for that supply will be increased by
an amount equal to the GST liability properly incurred by the party making the supply subject
always to the party making the supply providing a valid tax invoice which is in an approved
form for GST purposes.

2.4. Notwithstanding anything else the Principal is not obliged to pay at the time set out in Item
Three of the Schedule unless:

2.4.1. the Contractor has provided a valid tax invoice in a proper form for the Contractors
Fees or any instalment thereof;
2.4.2.Item Two of the Schedule has been satisfied; and
2.4.3.the Principal has validated and approved all amounts being claimed in the tax invoice.

2.5. The method of payment of the Contractors Fees is as set out in Item Four of the Schedule.

2.6. The Contractor will be solely responsible for the payment of the following:

2.6.1.any applicable taxes which arise in relation to the payments made to the Contractor;
this includes but is not limited to any GST, PAYG and any withholding obligations; and

2.6.2.all required superannuation contributions into a complying superannuation fund.

To remove any doubt, no additional amount will be paid by the Principal to the Contractor for
such amounts.

3. STANDARD OF SERVICES

3.1. The Contractor will perform the Services in a proper and competent manner. Where there are
any applicable industry standards and codes, they will be at all times complied with by the
Contractor.

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3.2. The Contractor represents to the Principal that they are properly qualified, experienced,
licensed (where applicable) and competent to properly perform and will perform the Services
to the required standards and codes and will maintain all specific contractor requirements set
out in Item Seven.

4. EQUIPMENT AND MATERIALS

4.1. The Contractor will provide all materials as may be necessary to properly and efficiently
perform the Services other than the materials described in Item Six of the Schedule. Unless
otherwise agreed in writing all materials used will be new and of high quality fit for their
purpose.

4.2. The Contractor agrees and undertakes to ensure that all information; literature and any other
materials provided to deliver the Services is to the best of their ability and consistent with
their professional skill sets, up to date and accurate. If the Contractor delivers incorrect,
misleading; and/or out of date material/s, this is a breach of this Agreement and the Principal
may enforce any of its rights pursuant to Clause 10.

5. TIME

5.1. The Services will be completed by the date or dates set out in Item Five of the Schedule.

5.2. If the Contractor is unable to perform the Services due to illness or injury by any time stated in
Item Five of the Schedule then, unless the Principal may suffer loss or damage by such delay,
the Contractor will be entitled to a reasonable extension in order to complete the Services or
provide an alternate presenter. The parties agree that a reasonable extension is a period of
no more than 14 days, unless otherwise agreed.

5.3. If an event occurs that is beyond the reasonable control of the Contractor which prevents the
Contractor from performing the Services by the date set out in Item Five of the Schedule, the
Contractor will immediately notify the Principal in writing the details of the event and give an
estimate of the time for completion of the Services and, in those circumstances unless the
Principal may suffer damage by such delay the Contractor will be entitled to a reasonable
extension to complete the Services. The parties agree that a reasonable extension is a period
of no more than 14 days, unless otherwise agreed.

5.4. Where in either of the circumstances in 5.2 or 5.3 the Principal is of the opinion that the delay
may cause the Principal loss or damage or the extension is for a period of more than 14 days,
then this is a breach of an essential term of this Agreement and the Principal may enforce any
of its rights pursuant to Clause 10.

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6. VARIATION TO THE SERVICES OR CONTRACTORS FEES

6.1. The Principal or Contractor may require a variation (the Variation) to the Services or
Contractors Fees. Any request must be in writing setting out full details of such Variation.

6.2. If the parties reach agreement in relation to the Variation, the relevant items in the Schedule
relating to Services and/or Contractors Fees will be amended, varied or replaced as necessary.

7. WORKPLACE HEALTH AND SAFETY

7.1. The Principal must ensure that if the Services are to be performed on the Principals property
that at all times the property is safe and that all facilities provided by the Principal to the
Contractor for the purposes of enabling the Services to be performed are also safe.

7.2. The Contractor will ensure that at all times in performing the Services it uses safe and proper
procedures and practices and that all its employees or contractors or sub-contractors are
properly trained and supervised and observe all proper safety practices. Where protective
equipment, materials or clothing are required these will be provided by the Contractor and
the Contractor will ensure that these are used at all relevant times.

7.3. The Contractor is responsible for its own employees, agents and subcontractors and carries
out the Services at its own risk.

8. INSURANCE

8.1. The Contractor will at all times hold the following insurance policies:

8.1.1. a Workers Compensation Policy, or equivalent for all service providers providing
Services under this Agreement;
8.1.2. a current Public Liability Insurance policy;
8.1.3. a Professional Indemnity Insurance Policy; and
8.1.4. any other policies reasonably required by the Principal.

8.2. If required, the Contractor will provide evidence to the Principal of their currency in the form
of a certificate of currency, within two business days of such a request being made.

9. INDEMNITY

9.1. The Contractor indemnifies the Principal and its agents and employees against any claims,
losses and demands caused by:

9.1.1.the Contractors act or negligence;

9.1.2.the Contractors breach of the provisions of this Agreement; or
9.1.3.the Contractors performance of the Services.

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10. BREACH BY CONTRACTOR

10.1. If the Contractor breaches any of its obligations under the Agreement (including but not
limited to the terms of Clauses 2, 3, 4.2, 5, 7.2, 8, 13 and 14) then the Contractor may give
notice to the Contractor specifying the nature of the breach. If the Contractor fails to remedy
that breach promptly then the Principal may do any one or more of the following without
prejudice to any other right which it may have against the Contractor:

10.1.1. by written notice to the Contractor terminate the Agreement;

10.1.2. suspend the payment of any amounts until the breach is remedied by the
Contractor;
10.1.3. recover from the Contractor any loss suffered by the Principal due to default of the
Contractor;
10.1.4. exercise any of its other legal rights.

10.2. Either party may terminate the agreement immediately if the other party ceases to carry on
business or is declared bankrupt.

10.3. Upon termination of the Agreement (unless such Services are in dispute) the Principal must
pay the Contractor for the Services actually done to that date (the date of termination) less
any loss or additional cost which the Principal may suffer or incur.

10.4. Where the Contractor fails to perform the Services properly to the standard required in the
Agreement then the Principal is entitled to claim all damages, loss and compensation which
directly or indirectly are a consequence of the Contractors failure to perform the Services
properly.

10.5. This Agreement may be terminated by mutual agreement between the parties.

10.6. Clauses 8, 9, 10.1, 10.3, 10.4, 12, 13 and 14 survive the expiration or termination of this
agreement.

11. BREACH BY THE PRINCIPAL

11.1. If the Principal fails to pay the whole or any part of the Contractors Fees without reasonable
and lawful excuse, the Contractor may at the Contractors absolute discretion:

(a) suspend the performance of the Services until the Contractors Fees then outstanding
are paid and/or;
(b) serve a written notice on the Principal requiring the outstanding amount of the
Contractors Fees to be paid within 7 days and if not so paid by written notice terminate
the Agreement and/or;
(c) sue the Principal for the outstanding Contractors Fees as a debt immediately due and
owing.

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12. CONFIDENTIALITY

12.1. The Principal undertakes to keep all information which the Principal acquires from the
Contractor or about the Contractor strictly private and confidential and must not disclose that
information to any person without the Contractors prior written consent. Nothing in this
clause prevents the Principal from fully using and enjoying the Services.

12.2. The Contractor undertakes to keep all information which the Contractor acquires from the
Principal or about the Principals business strictly private and confidential and will not disclose
that information to any person without the Principals prior written consent. The Contractor
will not use any such confidential information so acquired except for the proper purpose of
performing and providing the Services.

13. UNDERTAKINGS BY CONTRACTOR

13.1. The Contractor undertakes to the Principal that it will not during the performance of the
Services and for the period:

13.1.1. 6 months from the date of termination or if such period is found to be

unenforceable, then

13.1.2. 3 months from the date of termination or if such period is found to be

unenforceable, then

13.1.3. 2 months from the date of termination,

solicit or attempt to solicit any employees of the Principal and it associated entities to resign
or take up employment with the Contractor or with any other person or solicit or attempt to
solicit any students of Construction Industry Training Pty Ltd (CIT) or any associated RTO of CIT
to study with a RTO in competition with CIT or any associated RTO of CIT. If any separate
provision referred to in clause 13.1 is unenforceable, illegal or void, that provision is severed
and the other provisions remain in force.

13.2. Where the Contractor has access to any of the Principals computers, then the Contractor will
observe and comply with all of the terms of the Principals Computer Policy, which is an
Attachment to this Contract.

13.3. Where the Contractor has created or holds any passwords, domain names or other
authorisations which in any way relate to the Principals business or to the Services, the
Contractor acknowledges that they are all held by the Contractor exclusively for the benefit of
the Principal and will be promptly transferred or assigned on request to the Principal or as the
Principal may direct and without the requirement of any fee being paid in respect thereof by
the Principal to the Contractor.

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14. INTELLECTUAL PROPERTY

14.1. Where the Principal provides access to the Contractor to the Principals intellectual property,
nothing in the Agreement gives the Contractor any interest in the Principals intellectual
property and the Contractor will only use the Principals intellectual property for the proper
performance of the Services. Any additions, developments, modifications, changes,
amendments to the Principals intellectual property remains the property of the Principal. The
Contractor must during, and after the termination of this Agreement, do all acts and things
and sign all documents which Jascon may reasonably request to secure its ownership of rights
in the intellectual property referred to above.

15. SUB CONTRACTING

15.1. The Contractor is permitted to use sub-contractors and its own employees to provide any of
the Services.

15.2. A reference to the Contractor includes, where the context so admits, its employees, agents
and authorised sub-contractors.

16. GENERAL

16.1. Governing Law. The laws that are applicable in Queensland, Australia govern this agreement
and each party submits to the jurisdiction of the courts of that state and any courts which may
her appeals from those courts.

16.2. Entire agreement. This agreement constitutes the entire agreement between the parties in
connection with its subject matter and supersedes all previous agreements or understandings
between the parties in connection with its subject matter.

16.3. Amendment. This agreement may only be amended in writing signed by the parties.

16.4. Assignment. A party may only assign the agreement and any rights under the agreement with
the prior consent of the other party.

16.5. Waiver. Failure or omission by either party at any time to enforce or require strict or timely
compliance with any provision of this Agreement will not affect or impair that provision, or
the right of that Party to avail it of the remedies it may have in respect of any breach of a
provision, in any way.

16.6. Severance. If anything in this Agreement is unenforceable, illegal or void then it is severed and
the rest of this Agreement remains in force.

16.7. Notices. Notices to or by a party delivered in person are deemed to be given by the sender
and received by the addressee when delivered to the address: if by post, 2 Business Days from
and including the date of postage; or if by email, on the day the email is sent of if that

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transmission is on a day which is not a Business Day or is after 5.00pm on the next Business
Day.

EXECUTED BY THE PARTIES on the date first mentioned.

SIGNED BY:

____________________________________________________________________
Signature of Representative for The Principal

____________________________________________________________________
Print Name & Position

____________________________________________________________________
Signature of Witness

____________________________________________________________________
Print Name & Address

SIGNED BY:

ANTHONY REILLY

____________________________________________________________________
Signature of The Contractor

____________________________________________________________________
Signature of Witness

____________________________________________________________________
Print Name & Address

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SCHEDULE

Item One SERVICES

The Contractor will provide the following Services to the Principal:
(i) Delivery of Training and Assessment according to the requirements of the relevant training package/s
and inline with the organisational Training and Assessment Strategies, which have been developed for
each qualification/unit of competency on the RTOs scope of registration.

Item Two CONTRACTORS FEES

The Principal will pay the Contractor:
1. 25% of the revenue received by the Registered Training Organisation for the completed unit
(excluding student fees)
A completed unit is one that has been submitted and approved by compliance, validated by DET and
payments received by RTO.

Item Three TIMES OF PAYMENT OF CONTRACTORS FEES

1. Invoices for completed units must be submitted monthly by the Contractor.
2. Invoices will be paid 14 days from receipt of payment from DET or within 7 days of the Principal
receiving the Contractors invoice, whichever is the later.

Item Four METHOD OF PAYMENT

The Principal will pay the Contractors Fees by way of electronic payment to the Contractors bank account as
notified on the Contractors Tax Invoice.

Item Five TIMES AND REQUIREMENTS FOR COMPLETION OF SERVICES

The Contract Services must be completed strictly in accordance with the time frames required by the relevant
training package or as outlined by the RTO.

Item Six FACILITIES PROVIDED BY THE PRINCIPAL

The Principal will provide the following for use by the Contractor:
1. Necessary printed marketing, promotional and course information used to assist in the training and
assessment process; and
2. iPad (or similar) for Contractor and student use.

Item Seven SPECIFIC CONTRACTOR REQUIREMENTS

The Contractor will:
1. Provide current Skills Matrix for approval appointment based on compliance approval
2. Provide verified copies of current qualifications appointment based on compliance approval
3. Provide evidence of Professional Development and currency VET appointment based on
compliance approval
4. Provide evidence of Professional Development and currency Industry appointment based on
compliance approval
5. Maintain currency and PD in VET and Industry with monthly update to compliance

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COMPUTER, TABLET AND EMAIL POLICY

1. On site computers, computer files, computer software and the email system are the property
of the Principal and are intended to be used only for the Principals business.

2. Computers includes the entire computer network of the Principal wherever located and is not
limited to host computers, file servers, application servers, communication servers, mail
servers, fax servers, web servers, workstations, stand-alone computers, laptops, handheld
terminals, software, data files, firewalls and all internal and external computer and
communications networks for internet commercial online services, value added networks and
email systems that may be accessed directly or indirectly from the Principals computers or
externally through dial-up connections and extended private networks.

3. The computer and email system must not be used by the contractor or any of its personnel or
sub-contractors in a manner that is disruptive or offensive to others. It will be a breach of this
policy to access, download or send objectionable material including:
3.1. pornography, including child pornography. You should be aware that accessing,
downloading or sending child pornography is a criminal offence;
3.2. material involving the instructions or promotion of crime, violence or hate;
3.3. material involving an offensive description of violence to compel sexual conduct;
3.4. material involving sexually degrading acts;
3.5. material that is defamatory.

4. If you see another employee breaching this policy you must immediately inform management.

5. You must not download, view or send spam, junk mail or pop-ups because they may contain
viruses, worms or Trojan horses. If you receive any pornographic, spam or junk email, then
it must be deleted immediately.

6. You are prohibited from intentionally creating or sending viruses, worms or Trojan horses.
You must do a virus check prior to opening any emails from unknown sources.

7. If the contractor, its personnel or sub-contractors violate this policy this contract may be
terminated immediately, and without penalty.

8. If the contractor, its personnel or sub-contractors use any computer for an unlawful purpose
they may be reported to the police if a crime is involved and any other appropriate authority.

9. The contractor, its personnel or sub-contractors must not, without the prior authorisation of the
Principal:
9.1. copy any software belonging to the Principal;
9.2. provide copies of software belonging to the Principal to any independent contractors,
Principals or third parties;
9.3. install any software on the Principals computers.

10. The contractor, its personnel or sub-contractors must not use or copy any software in such a
way as may breach any licences granted to the Principal by any person.

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11. The Contractor is responsible for maintaining the computers and tablets in good working
condition and must return them to the Principal when requested or on cessation of use. The
Contractor must report any loss or damage to the Principal and agrees that the Contractor is
responsible for the cost of replacing any computers or tablets lost or stolen while in the
possession or control of the Contractor (howsoever such loss or damage arises).

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