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Notifying NSW Fair Trading about change of employment

Notifying NSW Fair Trading about change of employment

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.

 

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About REEF

The Real Estate Employer’s Federation is the real estate industry’s leading not-for-profit employer and workplace relations advisory association. It has 1500 members and subscribers across Australia.

Each year, REEF receives more than 15,000 calls from real estate employers needing help and guidance on matters affecting the employment relationship.

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