EMPLOYMENT AGENTS REGISTRATION ACT 1993 - SECT 20
EMPLOYMENT AGENTS REGISTRATION ACT 1993 - SECT 20
20—Responsibilities to workers
(1) Subject to this
section, an employment agent must not demand or receive any fee from a person
by virtue only of the fact that—
(a) the
person is listed with the employment agent as a person who is seeking
employment; or
(b) the
employment agent is seeking employment for the person.
(2)
Subsection (1) does not—
(a)
prevent an employment agent requiring a person to pay a deposit before the
employment agent begins to seek employment for the person but, if such a
deposit is paid, the deposit must be held by the employment agent until—
(i)
employment is found for the worker—in which case
the deposit can be applied by the employment agent towards any fee payable by
the person; or
(ii)
the person ceases to be listed with the employment agent
as a person who is seeking employment—in which case the deposit must be
repaid to the person; or
(iii)
the employment agent and the person agree to the
repayment of the deposit; or
(b)
prevent any payment of a kind authorised by the regulations.
(3) An employment
agent must not—
(a)
charge a worker a fee which is calculated on a recurring basis;
(b)
charge a worker a fee if the employment agent hires or engages the worker to
work for the employment agent.
(4) Where an
employment agent procures employment for a person, the employment agent must
ensure that the person is given (for retention by the person) a statement in
the prescribed form containing the following information:
(a) the
name and business address of the employer; and
(b)
where the person must first attend for the purposes of the employment; and
(c)
whether the Workers Rehabilitation and Compensation Act 1986 will apply
in relation to the person and details of any other insurance arrangements that
will apply in respect of the employment (including who will be responsible for
the payment of any premium); and
(d) the
arrangements (if any) that will apply for the payment of income tax; and
(e) the
name of any award that applies in relation to the employment; and
(f)
details of any occupational superannuation to which the person will be
entitled; and
(g)
details of any entitlements to paid leave that will accrue during the
employment; and
(h)
details of any expenses (or kinds of expenses) which will be reimbursed or
otherwise paid for by the employer.
(5) If a preceding
provision of this section is not observed, the employment agent is guilty of
an offence.
Penalty: Division 6 fine.