Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 398

398 Meaning of private employment agent

(1) A person is a
"private employment agent" if the person, in the course of carrying on business and for gain—

(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

(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.

(2) However, a person is not a
"private employment agent" only because the person publishes—

(a) for another person, an advertisement about employment opportunities; or

(b) an advertisement offering employment opportunities with the person.

(3) Also, a person is not a
"private employment agent" if, for an agreed rate of payment to 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.