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Industrial Relations Act 2016
sec.398Meaning of private employment agent
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### sec.398 Meaning of private employment agent
A person is a private employment agent if the person, in the course of carrying on business and for gain—
offers to find—
casual, part-time, temporary, permanent or contract work for a person; or
a casual, part-time, temporary, permanent or contract worker for a person; or
negotiates the terms of contract work for a model or performer; or
administers a contract for a model or performer and arranges payments under it; or
provides career advice for a model or performer.
However, a person is not a private employment agent only because the person publishes—
for another person, an advertisement about employment opportunities; or
an advertisement offering employment opportunities with the person.
Also, a person is not a private employment agent if, for an agreed rate of payment to the person—
the person makes a worker of the person available to perform work, whether under a contract of employment or contract for services, for a client of the person; and
the worker works under the client’s direction; and
the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.
s 398 amd 2022 No. 27 s 3 sch 1
(sec.398-ssec.1) A person is a private employment agent if the person, in the course of carrying on business and for gain— offers to find— casual, part-time, temporary, permanent or contract work for a person; or a casual, part-time, temporary, permanent or contract worker for a person; or negotiates the terms of contract work for a model or performer; or administers a contract for a model or performer and arranges payments under it; or provides career advice for a model or performer.
(sec.398-ssec.2) However, a person is not a private employment agent only because the person publishes— for another person, an advertisement about employment opportunities; or an advertisement offering employment opportunities with the person.
(sec.398-ssec.3) Also, a person is not a private employment agent if, for an agreed rate of payment to the person— the person makes a worker of the person available to perform work, whether under a contract of employment or contract for services, for a client of the person; and the worker works under the client’s direction; and the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.
- (a) offers to find— (i) casual, part-time, temporary, permanent or contract work for a person; or (ii) a casual, part-time, temporary, permanent or contract worker for a person; or
- (i) casual, part-time, temporary, permanent or contract work for a person; or
- (ii) a casual, part-time, temporary, permanent or contract worker for a person; or
- (b) negotiates the terms of contract work for a model or performer; or
- (c) administers a contract for a model or performer and arranges payments under it; or
- (d) provides career advice for a model or performer.
- (i) casual, part-time, temporary, permanent or contract work for a person; or
- (ii) a casual, part-time, temporary, permanent or contract worker for a person; or
- (a) for another person, an advertisement about employment opportunities; or
- (b) an advertisement offering employment opportunities with the person.
- (a) the person makes a worker of the person available to perform work, whether under a contract of employment or contract for services, for a client of the person; and
- (b) the worker works under the client’s direction; and
- (c) the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.