These terms and conditions (Terms and Conditions) apply to the initial “red flag” review (Red Flag Review) conducted by a member of the Employment Relations Advice Centre (ERAC) of the Chamber of Commerce and Industry of Western Australia Limited (CCIWA) and/or by a qualified legal practitioner of Business Law WA Pty Ltd (BLWA), an incorporated legal practice and wholly owned subsidiary CCIWA.
A reference to CCIWA in these Terms and Conditions, includes BLWA.
All individuals, organisations and/or recipients of the Red Flag Review agree to be bound by, and comply with, these Terms and Conditions, as amended or varied, from time to time.
Eligibility
To be eligible to utilise the Red Flag Review of your documents you must either be:
- current member of CCIWA (Member); or
- not be a member of CCIWA (Non-Member) and provide the following information to CCIWA:
- Business name;
- Australian Business Number;
- Contact name;
- Contact phone number; and
- Contact email address.
The provision of the Red Flag Review is at all times at the absolute discretion of CCIWA and is subject to change, variation or cancellation at any time.
Limitations
- One document only – Each Red Flag Review consists of the review by CCIWA of one (1) internal, workplace policy document, or contract of employment. The determination of whether the document provided falls within one of the above categories (and is eligible for a Red Flag Review) is at all times at the absolute discretion of CCIWA.
- Number of Red Flag Reviews:
- Members – A Member is eligible to receive three (3) separate Red Flag Reviews during their 12-month CCIWA membership period; and
- Non-Members – A Non-Member is eligible to receive one (1) Red Flag Review only.
Who will conduct the Red Flag Review?
Each Red Flag Review will be conducted by:
a member of the ERAC team; or
a qualified BLWA legal practitioner with expertise in either employment law and/or commercial law.
The individual conducting the Red Flag Review is at all times at the absolute discretion of CCIWA and will be based on the subject matter of the relevant document to be reviewed, internal resourcing and individual workload.
Work Product
If the Red Flag Review is conducted by:
ERAC, the ERAC team member will arrange a ten-minute phone call with you to verbally discuss the results of the Red Flag Review; or
BLWA, the BLWA legal practitioner will review the documentation and provide feedback in respect to necessary updates required to comply with relevant laws. This feedback may be provided by email, or if required, the BLWA legal practitioner may arrange a ten-minute phone call with you to verbally discuss the results of the Red Flag Review.
Fees
No fees are payable for the Red Flag Review.
Additional Document Reviews and Fees
If you would like a review of any other internal, legal and/or policy documents (in excess of your free Red Flag Review Eligibility) please get in touch with BLWA at [email protected] to discuss further.
For the avoidance of any doubt, you will be charged the usual Member and/or Non-Member rates (as applicable) for this additional service in accordance with CCIWA’s usual terms and conditions.
Turnaround Time
CCIWA will endeavour to complete the Red Flag Review within 14 days of receipt of the relevant documents, however, the timing of the phone discussion and/or the brief written review notes (as applicable) will at all times be at the absolute discretion of CCIWA.
Accuracy of Information/Documents Provided
For the avoidance of any doubt, you are responsible for the completeness and accuracy of the information and legal or policy documents provided to CCIWA. CCIWA may rely on this information to perform the Red Flag Review and will not verify the documents in any way.
Not legal or professional advice
The Red Flag Review (whether verbal advice or written information and/or communication) is provided as a general guide only.
The Red Flag Review is not designed to be comprehensive or to provide legal or professional advice and should not be relied upon as such.
Formal and specific legal and/or professional advice should be sought to address your individual circumstances and before any action is taken.
No Liability for Red Flag Review
CCIWA gives no warranties or assurances and makes no representations about its Red Flag Review, including in respect of its relevance, reliability, accuracy or completeness. CCIWA gives no assurances that its Red Flag Review is suitable for your intended use.
CCIWA does not accept any liability for any claim which may arise from any person acting or refraining from acting based on information contained as a result of the Red Flag Review.
To the fullest extent permitted by law, CCIWA, its employees and BLWA, its legal practitioners and any other person involved in the Red Flag Review, exclude all liability (including for any direct, indirect or consequential loss) suffered by you or any person in connection with your use of, or reliance on, the Red Flag Review.
Intellectual Property
CCIWA owns the intellectual property, including copyright, in all content of its Red Flag Review process.
Privacy
CCIWA is committed to protecting your privacy and ensuring that your contact with CCIWA is a safe and rewarding experience. CCIWA has a privacy policy to manage privacy. A copy of CCIWA’s privacy policy is available on its website.
By participating in the Red Flag Review, you acknowledge that you have read and understood CCIWA’s privacy policy, and you agree with, and consent to, the practises described in that policy.
General
Changes to Terms and Conditions
From time to time, CCIWA may update these Terms and Conditions. The updated Terms and Conditions will apply from the time of posting on our website and onwards.
Severability
Any provision of, or the application of any provision of, these Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or other jurisdiction.
Governing Law
These Terms and Conditions are governed by the laws of Western Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia.
Your Terms and Conditions
If you supply your terms and conditions on any document at any time (including on purchase orders or other documents) your terms and conditions will be of no legal effect and will not constitute part of these Terms and Conditions, even if a representative of CCIWA signs a document that indicates that your terms and conditions apply.
