30 September Notifying NSW Fair Trading about change of employment September 30, 2016 By Reef Admin NSW Fair Trading 0 Do you know what your obligations are when it comes to notifying NSW Fair Trading about an employee joining or leaving your agency? We asked the regulator for clarification. Interestingly, and somewhat surprisingly, NSW Fair Trading advised that the obligation to inform Fair Trading of a change of employment rests with the employee and not the employer. To assist with this, Fair Trading have provided a specific form on their website that an employee must complete each time they commence with a new employer. The form, which is essentially a change of address notification, differs depending on whether the employee holds a Certificate of Registration or is a Licensed agent. The form enables Fair Trading to ensure that renewal notices for certificates and licences find their way to the employee at their place of work. Members will possibly be aware that renewal notices are regularly being sent to their employees care of the business address. The certificate or licence holder needs to complete and sign the form. The employer’s address needs to be listed, but not necessarily the agency name. The employer is not required to sign the form. Message for employers REEF's strong recommendation for employers is: When a new employee commences employment with your agency, you request a copy of the form they have sent to Fair Trading so it can be retained in their personnel file or uploaded to the People Management System. You keep a record of all your employees' certificates and licences, and monitor the renewal dates. You have a duty under the Property, Stock and Business Agents Act 2002 Supervision Guidelines to ensure that all of your employees hold a current Certificate of Registration or Licence. You maintain a current CPD register. The register should contain copies of all CPD certificates issued to employees with your agency as evidence that they have met the mandatory training requirements. While the responsibility and cost to meet CPD requirements lies with the employee, you should be satisfied that each of your employees is complying with the Act. Related Keeping post-employment restraints intact Enforcing a post-employment restraint can be extremely complex – and expensive! Matthew Robinson provides tips to help members through the process and maximise their chances of success. Fair Work Commission hands down Award review decision The wait is over! The Fair Work Commission has handed down its decision regarding the statutory review of the Real Estate Industry Award. Here are the details. What's in a name? Unfair dismissal and the high-income threshold A recent Fair Work Commission case found that despite an employee earning a salary over the high-income threshold, an unfair dismissal claim could still be made. Court finds 15km post-employment restraint reasonable One of the most common problems faced by real estate employers is what to do to protect the commercial goodwill of the business from exploitation by ex-employees. REEF's Workplace Relations Advisor, Laura Clark, examines this all to common problem and details a recent Supreme Court case where a real estate employer successfully had a post-employment restraint upheld. Unfair dismissal claims against a small business If you're faced with an unfair dismissal claim, make sure you have the peace of mind of knowing you've complied with the Small Business Fair Dismissal Code. Probation completed: Can an employee claim unfair dismissal? Members are often confused about whether an employee is eligible to claim unfair dismissal if they are terminated following the completion of the agreed probation period. Comments are closed.