Queensland Consolidated Acts Queensland Consolidated Acts32.(1) Subject to this Act, a private employment agent shall not demand or
receive, either directly or indirectly, any entrance fee or other fee or
charge, by whatever name called, or any expenses or reward of or from an
applicant employee as a condition for that agent procuring or attempting to
procure employment for the applicant employee.
(1A) Subject to subsections
(1B), (1C) and (1D), it is lawful for a private employment agent who has
procured employment for an applicant employee as a theatrical performer or as
a model to demand or receive a fee or charge, and the expenses incurred in
relation to that procurement provided that--
(a) the agent has given to the employer and the applicant employee concerned a notice in relation to the employment, that sets out clearly--
(i) the name of the employer; and
(ii) the place of employment; and
(iii) details of the employment; and
(iv) the period of employment; and
(v) the gross amount of money payable by the employer to the applicant employee; and
(vi) an itemised list of the fees or charges, and expenses payable by the applicant employee to the agent; and
(vii) the net amount of money that will be received by the applicant employee after payment of the fees, charges and expenses of the agent; and
(viii) whether or not a rate of payment is provided for under an award and if so details of that award rate;
(b) the total amount of fees or charges and expenses referred to in paragraph (a)(vi) does not exceed 10% of the gross amount referred to in paragraph (a)(v);
(c) the net amount of money referred to in paragraph (a)(viii) is not less than the award rate referred to in paragraph (a)(vii).
(1B) Where the total period of employment referred to in subsection-(1A)(a)(iv) is made up of--
(a) a period of 28 days; and
(b) a further period thereafter;
it shall not be lawful for a private employment agent to demand or receive any fees or charges, or any expenses in respect of the lastmentioned period.
(1C) Where--
(a) a private employment agent procures employment for an applicant employee as a theatrical performer or model; and
(b) that agent is at the time of that procurement the manager of the applicant employee;
it shall not be lawful, in relation to that procurement--
(c) for the agent to demand or receive fees or charges, or expenses, as a private employment agent in addition to demanding or receiving fees or charges, or expenses, by whatever name called, in the agent's capacity as such manager; or
(d) for the agent to demand or receive fees or charges, or expenses, by whatever name called, in the agent's capacity as such manager in addition to demanding or receiving fees or charges, or expenses, as a private employment agent.
(1D) In the event of the private employment agent electing,
pursuant to subsection (1C), to demand or receive fees, charges or expenses
for a procurement in the agent's capacity as manager, it shall not be lawful
for the agent to demand or receive a total amount of fees, charges and
expenses that exceeds the total amount that the agent would have received had
he or she elected to demand or receive fees, charges and expenses for that
procurement in his or her capacity as a private employment agent.
(2) A
private employment agent shall not be entitled to recover any fee, charge,
expenses or reward in respect of his or her procurement of an employee for an
applicant employer unless--
(a) the agent has brought to the notice of the applicant employer a scale of fees and charges relevant to such procurement, which scale accords with subsection (3); and
(b) the amount of the fee, charge, expenses or reward agreed to by the applicant employer has been confirmed by the private employment agent in writing furnished to the applicant employer.
(3) A scale of fees and charges shall set out clearly--
(a) the maximum amount that is to be chargeable or the formula by which the maximum amount is to be assessed;
(b) where different rates of charge are relevant in different circumstances--the rates that are relevant in each case;
(c) the time for payment of the fees and charges;
(d) where the scale provides for payment of expenses--
(i) the fee or charge; and
(ii) the basis on which the expenses are to be assessed with particulars of any ancillary or administrative services to be charged for.