CONTENTS
A1.1 INTRODUCTION
This online document contains the Fenix Agreements and Job Descriptions that are relevant to the Fenix Training programme. Please read these documents that they are referenced in T1 Ethics and Behaviour, T2 Administration, T3 Basic Cleaning and T4 Advanced Cleaning. If there are any questions or comments please direct them to your supervisor.
A1.2 AGREEMENTS
Independant Contractor Agreement (ICA)
1 Contents
- References
- Work Location
- Knowledge Skills and Capabilities
- Characteristics of an Independent Contractor
- Independent Contractor with Staff
- Independent Contractor Jobs
- Financials
- General Conditions
- Confidentiality
- Occupational Health and Safety
- Special Notes
- Schedule – Applicant
- Execution
2 References
The online version of the following Fenix documents:
- Fenix Training T1 Ethics and Behaviour, T2 Administration and T3 Basic Cleaning and associated references (all ICs)
- Fenix Training T4 Advanced Cleaning and associated references (for ICs yellow belt and above)
form part of this agreement.
3 Work Location
The location will vary from job to job and will be in accordance with requirements.
4 Knowledge, Skills, and Capabilities
It is expected that an independent contractor has a reasonable knowledge of the cleaning process hence micro-detailed cleaning training may not be required. A certain level of training will be required however, to ensure the independent contractor is familiar with Fenix specific processes and procedures, standards and quality requirements, operation of Service Mate* and the Fenix culture or ethos.
It is expected an independent contractor will hold at a minimum; capability consistent with a Fenix white belt (refer to T2 Administration). However, the Fenix onboarding procedure does require all new ICs to progress beginning at the trainee level then on while belt level. After white belt they may progress to yellow, then blue. After blue is red and black which relates more to management tasks than cleaning tasks, hence, unless the IC has been earmarked for a management position, it is expected ICs will be either white belt, yellow belt or blue belt.
It is further expected that an independent contractor will have available for use in conjunction with Fenix’ Operations Support System (OSS), Service Mate (SM8) a current model iPhone.
* Fenix’ Operations Support System or OSS
5 Characteristics of an Independent Contractor
An independent contractor provides services to Fenix on a regular, but not exclusive, basis. He or she shall be defined by the following demonstrable characteristics:
- Operates as a Pty Ltd company with an ABN
- May, or may not, be GST registered
- The company has current public liability insurance (PLI) and work cover insurance (WCI)
- The company has responsibility for meeting Superannuation Guarantee commitments for its staff
- All staff of the company who will work on Fenix jobs have demonstrated they have a current police check
He or she may also be defined by the following characteristics:
- Gets highest priority on available jobs
- Accepts jobs based on requirements of Fenix and Fenix’ customers
- Will be available for jobs on weekdays unless otherwise agreed
- May either advise availability on an ongoing basis noting exceptions on email with at least 7-days of advance warning or on a week-to-week basis on email, with at least 7-days of advance warning
- Is paid as described in the section “Financials” below, with one payment per pay period per company (we do not pay multiple bank accounts nor do we pay your staff separately)
- Provides own transport, cleaning products, tools and equipment
- Uses Fenix-branded uniforms as defined in Fenix Training T1 Ethics and Behaviour, supplied by Fenix at cost, which is fully refundable on return of a serviceable uniform or termination of this agreement or provided by Fenix free of charge, however if the uniform is not returned on separation of the relationship, the cost of the uniform will be deducted from the final payment from Fenix to the IC
- Uses Fenix-branded car magnets supplied by Fenix, when engaged in Fenix jobs
- Uses Fenix-branded cleaning products, tools and equipment, supplied by Fenix at a competitive rate (when available)
- Completes all requirements of the job to the specified standard
6 Independent Contractor with Staff
An independent contractor may use their staff to carry out all or part of a Fenix job, but the independent contractor remains fully responsible for the completeness and quality of the job.
When an independent contractor uses their own staff, the independent contractor must:
- Be able to demonstrate such staff are compliant with:
- Any legal requirements as mentioned above
- They have a current police check
- Advise to Fenix (in email), prior to the job, the names of any staff member, not previously advised in the availability advice*
- Ensure themselves and their staff comply with the Fenix Uniform Policy (including return of Fenix shirt upon leaving Fenix) and any other relevant Fenix requirements, such as, Fenix Training T1 Ethics and Behaviour – Managing Customer Interaction and A1 Agreements and JDs – Job Description Cleaner (JDC)
* Fenix must always have knowledge of who is working at its customers’ property
7 Independent Contractor Jobs
7.1 Types of Jobs
Depending on experience and performance, an independent contractor may initially be assigned vacate cleans, settlement cleans, work orders, residential cleans and some specialist services.
As more experience is gained and superior performance demonstrated, other types of work may begin to flow, such as pre-sale cleans, commercial works, office cleans, and more complex specialist services.
Jobs for VIP clients will not be passed to an independent contractor until the independent contractor has a proven track record of high-quality delivery and is operating consistently to at least yellow belt standard.
7.2 Agreed Job Value
Fenix will provide the to the independent contractor via SM8, the quote or invoice associated with a job, the same quote or invoice that is sent to the customer.
Fenix will ensure sufficient hours are provided in the quote to allow the independent contractor scope to achieve an acceptable level of profit.
While Fenix don’t want to get involved with an independent contractor picking and choosing jobs, if a pattern of low profitability exists, this will need to be managed by Fenix in conjunction with the independent contractor to determine cause and provide a remedy.
If a quote is unavoidably not provided, as is often the case with our VIP Customers, the independent contractor will be involved in calculating the invoice value by dint of providing suitable detailed notes in the SM8 after the job, detailing time spent and on what activities.
Occasionally the independent contractor will be asked to produce a fair and reasonable quote prior to commencing the job. The quote is to be supported by before photos and prior to commencement of work, the independent contractor shall advise the supervisor by phone or text that the quote has been entered into SM8.
7.3 Cleaning Standards
Fenix high standards for completing a job will be enforced. Unannounced QA visits by a Fenix representative may be made during and / or after a job on a regular basis. Fenix cleaning standards are detailed in T3 Basic Cleaning and Fenix Training T4 Advanced Cleaning.
7.4 Redos
The following are the three ways in which a redo may be handle. It is strongly preferred the redo is handled as defined in i/ If i/ is not feasible, the next preference is ii/. If neither i/ nor ii/ are feasible, the least preferred option is iii/.
i/ If a customer, real estate agent or property manager requests a redo, this is to be managed by the independent contractor to the satisfaction of Fenix and the customer, real estate agent or property manager. No payment is claimable by the independent contractor for a redo.
ii/ If an independent contractor cannot or will not perform a redo as requested by a customer, real estate agent or property manager, they may arrange for another qualified IC to do the redo on their behalf. The IC owning the job is to pay the IC doing the redo independent to Fenix.
iii/ If an independent contractor cannot or will not perform a redo as requested by a customer, real estate agent or property manager, and can’t find another IC to do the redo, Fenix will do the redo on behalf of the independent contractor and will apply a charge at the standard hourly rate of the cleaner performing the redo, for the hours taken to complete the necessary work plus a reasonable allocation for out-of-the-way travel.
7.5 Measures of Success
The following are the key measures of success of the independent contractor operating relationship:
- Sufficient hours are provided in the quote to allow the independent contractor scope to achieve a suitable level of profit assuming they operate with a reasonable level of efficiency
- Sufficient ownership of the job is taken by the independent contractor to remove costs and effort from Fenix, to justify the high return paid to the independent contractor
- An independent contractor complies with all Fenix processes and procedures, standards and quality requirements
- An independent contractor does not negatively impact Fenix’ relationship with its customers, real estate agents or property managers
- It is vitally important under a redo situation that the independent contractor presents a positive image to the customers, real estate agents or property managers*
- An independent contractor must fully deliver the job which includes allowing sufficient time for:
- specialist services to be completed
- a Fenix supervisor and/or a customer, real estate agent or property manager to check the job if required
- closing up correctly (lights, blinds, curtains, locks, updating of the Fenix system)
- returning keys as directed
- An independent contractor should not hand back to Fenix a job which is incomplete^
* Redos are a fact of life in the cleaning business, some are deserved, and some are not. The most efficient approach is to take the good with the bad and instead of becoming annoyed, use it as a learning opportunity.
^ It is not someone else’s responsibility to complete any aspect of a job, it is the independent contractor’s responsibility to fully complete the job.
8 Commitments
8.1 Fenix Shall
Provide
- A documented high-level process to ensure each job is delivered within the look and feel of being a Fenix delivery
- Processes and procedures
- Standards and quality requirements
- Polo shirts with Fenix logo
- A job or schedule of jobs (preferable) by 6pm the day before the day of delivery
- Invoicing and accounts receivable for jobs
- Payment of an independent contractor’s invoice
Not Provide
- A guarantee of number of jobs or value of jobs in any given period
8.2 An Independent Contractor Shall
Provide
- A public liability company name with an ABN
- A Public Liability Insurance (PLI) certificate of currency
- A Work Cover Insurance (WCI) certificate of currency
- A current police check for themselves and all staff working on Fenix jobs
- Evidence of Government mandated requirements such as, payment of the superannuation guarantee (SG)
- Delivered jobs, as assigned by Fenix, to Fenix standards
- A fortnightly invoice (showing ABN, banking details and fee per job) to be paid by Fenix within 7 days of delivery of the invoice by email
- Maintenance of the defined inventory of cleaning products, tools and equipment as defined in Fenix T2 Administration – Contractor Inventory
- The appearance of being part of Fenix from a customer’s, real estate agent’s or property manager’s perspective
- Consistent with the above point, an independent contractor shall demonstrate the utmost professionalism in delivering customer care to a Fenix customer, real estate agent or property manager
- Transport to, from and between jobs
Not Provide
- A quote or invoice (or any similar items) to the customer, real estate agent or property manager other than when requested to do so by Fenix
- Non delivery and / or an excuse for non-delivery
- Advise customer they are entities independent of Fenix e.g., do not state that you are a contractor, independent contractor, or sub-contractor
- Do not accept offers of jobs from Fenix customer independent of Fenix
- Do not make any offers for services to Fenix customers without Fenix agreement in writing
9 Financials
9.1 Loan /Hire Equipment
It may be necessary for an independent contractor to borrow /hire Fenix tools and equipment from time-to-time. The charges to the independent contractor of such loans are at the discretion of Fenix or its appointed representative. The most current charges or hire rates are shown in SM8 #7975 and may change without notice from time to time.
Loan /hire equipment is to be collected from and returned to Fenix by the independent contractor in the same day as used unless otherwise agreed in advance. All hirings and loans are to be recorded, as specified therein, in SM8 #7975. Loan /hire equipment is based on a first in, first served basis and Fenix make no guarantee of availability of equipment. Damages and breakages shall be the responsibility of the borrower / hirer.
9.2 Payments
The independent contractor is to receive upon invoice a percentage of x% (where x is specified in Fenix T2 Administration – Belt System of the invoiced value of job*^. The independent contractor is to pay an agreed value for specialist service which they are unable to provide themselves, most notably, steam cleaning, high window cleaning.
The fee per job as to be shown on the fortnightly invoice should be calculated in the following manner:
Invoiced value times x%
Less specialist cleaning costs**
Less redo costs if redo is carried out by Fenix^^
Less loan equipment costs
* The invoiced value of a job is the value excluding GST, if the independent contractor does not pass-through GST or the value including GST if the independent contractor does pass-through GST
^ The invoiced value of a job is the value excluding any credit card processing fees as these are simply passed through to the c/c payment company such as Stripe or Square
** Noting minimum / call out charges
^^ Based on the hourly rate current at the time of the cleaner doing the redo
9.3 Collecting Payment from Customers
Fenix generally requires jobs for private customers (jobs not arranged by a known agent) to be paid in advance of the job. As this is not always achievable, there will be circumstances where, on the day, independent contractors will be required to request the customer to finalise payment at the completion of the job. If this is the case, it will be shown clearly in the SM8 job checklist.
Payment may be achieved in one of three ways*:
- By the very much preferred method of the independent contractor taking payment directly through their iPhone – refer to Fenix T2 Basic Training – iPhone Payment Procedure, which uses SM8 in conjunction with Stripe to take payments from another smart phone or smart card and send them directly to the Fenix bank account
- Payment by bank transfer with the customer providing visibility of the payment advice to the independent contractors by way of a screen shot of which the independent contractors should take a photo
- As a last resort, payment by calling Fenix Admin (0418 359 720) to make a credit card payment
If none of the above are forthcoming, Fenix Operations (0420 716 795) must be contacted by the independent contractor, prior to their leaving the job site.
* We do not accept cash under any circumstances
10 General Conditions
10.1 Duration of Contract
An agreement between Fenix and an independent contractor is active for the duration of one year from the date of execution, after which it may be reviewed and with the agreement of both parties, re-signed for a further year, ad infinitum.
From Fenix’ perspective the criteria for re-signing would include, but would not be limited to the:
- Independent contractor’s compliance with all the clauses of this agreement
- Easiness of the independent contractor to work with
- Consistency, fairness and integrity
- Willingness of the independent contractor to operate as a team player with their own interests not being considered to the detriment of our customers or Fenix’ interests
10.2 Early Termination
The contract may be terminated by either party, at any time, for any reason, with a minimum of two week’s notice. On early termination the independent contractor should expect some delay in final payment during which the following may occur:
- Fenix uniform, tools, equipment and cleaning products are returned
- Any outstanding loan monies, if applicable, are repaid in full
- Adequate time has transpired to ensure any redos have completed
- Adequate time has transpired to ensure no final jobs were left in a poor state
This delay may involve up to several normal pay periods.
When early termination is done without the agreed period of notice, compensation will be sought by Fenix to cover any jobs irrecoverably lost due to the lack of notice by the independent contractor and the inability to find another independent contractor in the required timeframe.
10.3 Leave
Fenix generally operates between 8am and 6pm Monday to Saturday, as well as Sundays and evenings for some office cleaning jobs, the exact times being determined by customer requirements.
Should an independent contractor choose to make themselves unavailable on one of the nominated working days (other than that arranged on an ongoing basis), it is expected they will advise of this requirement, with at least 7-day’s notice, to either or giving the days, dates and times of their unavailability. This information will be recorded in the Master Schedule and jobs will not be offered to that independent contractor on those days/times.
10.4 Uniform
For full details on the Fenix uniform requirements, refer to the Fenix T1 ethics and Behaviour.
10.5 Mandatory Behaviours
For full details on the Fenix mandatory behaviours, refer to A1 Agreements and JDs – Job Description Cleaner (JDC).
11 Confidentiality
An independent contractor shall not disclose or use for their own benefit or for the benefit of third parties, any secret or confidential information, knowledge or data which may come to their knowledge during their time with Fenix which relates to the business, finances, intellectual property rights or affairs or customers of Fenix.
12 Occupational Health and Safety
An independent contractor must maintain familiarity with the Fenix T3 Basic Cleaning – Safety in the Workplace. It is the contractor’s duty to comply with these safety procedures which are essential for the safety and protection of all contractors and employees.
Smoking is banned within the workplace, including a Fenix establishment, a Fenix vehicle, or at a customer’s premises.
13 Special Notes
- Fenix is a smoke-free zone
- Fenix is an alcohol-free zone during working hours
- Fenix has zero tolerance for bullying or abusive behaviour
- Fenix has zero tolerance for discriminatory behaviour
- Fenix welcomes honesty, diligence, politeness and punctuality
- Fenix embraces freedom to speak one’s mind on work-related matters
- Fenix cares about animal welfare and the environment
14 Schedule A – Applicant
| Company Name (i.e., name of Independent Contractor (IC)) | |
| Company ABN | |
| Name of Independent Contractors Representative (s) | |
| Company Address | |
| Residential Address (if different to Company) | |
| Mobile (s) | |
| Email (s) | |
| Public Liability Insurance Policy Number* | |
| Work Cover Insurance Policy Number10 | |
| Confirmation the SG is being correctly paid10 | |
| Police Check AFP Reference Number^ | |
| Police Check Expiry Date11 |
* Maybe provided at a date after the execution of this document with agreement from Fenix but later than 3 months after execution.
^ One for each person working on Fenix jobs
15 Execution
It is only necessary to sign the relevant section below. As the IC progresses the addition signatures will be required.
15.1 Trainee (x is not relevant, pay is based on hourly)
Signed by: Signed by:
____________________________ __________________________
Independent Contractor’s Name Fenix Representative
Date: Date:
15.2 White Belt (x is specified in Fenix T2 Administration – Belt System)
Signed by: Signed by:
____________________________ __________________________
Independent Contractor’s Name Fenix Representative
Date: Date:
15.3 Yellow Belt (x is specified in Fenix T2 Administration – Belt System)
Signed by: Signed by:
____________________________ __________________________
Independent Contractor’s Name Fenix Representative
Date: Date:
15.4 Blue Belt (x is specified in Fenix T2 Administration – Belt System)
Signed by: Signed by:
____________________________ __________________________
Independent Contractor’s Name Fenix Representative
Date: Date:
A1.3 JOB DESCRIPTIONS
Job Description Cleaner (JDC)
Introduction
This job description (JD) describes the roles, responsibilities and behaviours of a Fenix cleaner.
Role
To undertake cleaning and related duties using the techniques taught in the Fenix Bullseye training course, on-the-job training and documented in Fenix information, and other, documents as issued from time-to-time.
The Fenix cleaner reports to: Operations Supervisor (OS) or if unavailable, the Managing Director (MD).
Responsibilities
- Undertake training as requested
- Perform cleaning duties as requested
- Report any on-the-job problems to OS immediately
- Report any conflict with another Fenix team to OS, immediately after the job
- Maintain a working knowledge of specified Fenix information documents, policies, procedures, forms, templates, marketing material, agreements and job descriptions
- Wash, clean and maintain cleaning equipment to professional standard
- Wash, clean and maintain Fenix-use business vehicles, inside and out, to professional standard
- Carry out other general tasks as requested
- Comply with all requirements specified in the IC Agreement (ICA)
Mandatory Behaviours
- Respond asap to text scheduling messages from OS
- Respond asap to text or phone calls from OS
- Be on time for meetings, jobs and other appointments as scheduled
- Do not use you mobile while at work, except in an emergency or for comms with OS
- Cooperate with other Fenix employees and contractors
- Be respectful while at a customer site e.g., do not play music, do not use of ear plugs, do not smoke, do not engage in discussions with other cleaners, do not engage in lengthy chats with the customer, do not take unapproved breaks (any breaks during job to be pre-approved by OS)
- Always address customers in a very polite manner
- Always clean in a thorough manner of which both yourself and Fenix can be proud, and the customer pleased
Uniform
For full details on the Fenix uniform requirements, refer to Fenix Training T1 – Ethics and Behaviour – Uniform Policy.
Execution
This document does not need be executed, but it does form a part of the Employee Agreement which does need to be executed.
