Changing agency practice: What you need to know

👓 2.25 minute read

New South Wales

Now dubbed ‘the underquoting capital of Australia’, the recent high-profile case of former Ray White agent Josh Tesolin and his 120-day trading suspension (pending disciplinary action) is a wake-up call for NSW agents who underquote.

NSW Fair Trading is said to be considering Victoria-style reforms, increased penalties ($36K in Victoria), and potential loss of commissions. First National responded the claims in Money Magazine.

More changes to pets in rental rules mean landlords can only refuse pets if:

Tenant proposes more than 4 animals
The property is unsuitable for the type or number of pets
Keeping the pet would breach laws or by-laws
It is highly likely that damage from the pet would exceed the bond

There are also changes to Continued Professional Development (CPD) requirements to be aware of. State Membership Manager, Sarah Barton has prepared two useful guidelines. Download them today.

Queensland

A First National office reports a potential Professional Indemnity Insurance claim from a person who attended an open home inspection at an acreage. After stepping down a six-inch rock ledge that was not designated as a step, the woman fell and broke her leg. She is now suing the vendor and the FN agency concerned.

This claim follows $1.5 million in damages awarded to a woman who slipped and fell on a steep driveway at an open home in Newcastle – after choosing not to use the nearby stairs. The agent was found negligent in not having warned the customer about the slipperiness of the driveway, failing to conduct a risk assessment, and failing to place non-slip mats over the driveway.

Our member is now attempting to ensure public safety at open homes by:

Identifying and removing hazards
Advising owners to secure valuables, medication and personal documents
Using signage and/or verbal warnings for any on-site risks

All FN agencies are reminded of the importance of completing the Workplace Health & Safety learning modules being rolled out between now and Christmas. They are invaluable to developing a better understanding of how to mitigate risk.

National

As advised in Our Fabric 387 (Nov 24), agencies employing offshore Virtual Assistants (VAs) directly, instead of through the service offered by our Alliance Partner – Affordable Staff – are placing themselves at increased risk of their VA staff being afforded the same employment rights and pay as Australian employees.

The case we referred to then of a Filipino ‘contractor’ claiming wrongful dismissal has now been heard by The Australian Fair Work Commission. It found that the Filipino staffer had been wrongly classified as a ‘contractor’ because she met the criteria of a full-time employee. The ruling sets a clear precedent, with an industry player stating:

‘Too many businesses rely on outdated or oversimplified rules, like the 80/20 income test, thinking it shields them from compliance risk. But that’s a tax guideline, not a legal defence.

'If your offshore worker is under your control, doing regular hours, working within your systems, and only earning income from your business, that’s an employee relationship, not a contractor one. Fair Work Australia has made it clear. If you get it wrong, you could be liable for backpay, leave entitlements, and even penalties.’

NEW style First National webinars a hit

👓 10 second read

Over 100 FN staff attending the network’s first ‘interactive chat-show style’ training webinar were treated to a terrific session with Nathan Brett from Real Estate Dynamics. Join us for our next webinar and enjoy the difference.

The webinar recording is available on the Learning Hub as well as eLearning resources, Step and Coach’s guide.

First National 'Accelerator Series' upcoming dates

📹 2 minute video

Upcoming dates

Finance Accelerator Series #2: The Profit & Loss Statement

3rd September, 2pm AEST – book here

Property Management Accelerator Series #3: Maintenance and Repairs

16th September, 2pm AEST – book here

First National's Workplace Health & Safety programme – People First at First National

👓 30 second read

Every two weeks we’re sending your team a bite-sized eLearning module that includes an editable policy. Just review, sign, and file it at your office. We’ll remind you which training to complete and the matching policy to review.

Adrian, from our Workplace Health and Safety platform explains what you need to do. Nominate a member of your team to be your Learning Influencer. They will:

Confirm every staff member has an individual FN Central login
Schedule each 10-minute module (over the next six months)
Click here to find out how you assign a learning Influencer on FN Central

Module 5 – Equal Employment Opportunities Coaching Guide

📹 10-minute video module

First National’s Equal Employment Opportunities Coaching Guide training module promotes physical and mental wellbeing in the workplace. It covers stress management, healthy work habits, and strategies to create a supportive and productive work environment.

▶ Module: Equal Employment Opportunities

▶ Policy: Editable PDF

▶ File the signed policy as part of your WHS records

Module 4 – Workplace Health & Wellbeing

📹 10-minute video module

First National’s Workplace Health and Wellbeing training module promotes physical and mental wellbeing in the workplace. It covers stress management, healthy work habits, and strategies to create a supportive and productive work environment.

▶ Module: Workplace Health and Wellbeing

▶ Policy: Editable PDF

▶ File the signed policy as part of your WHS records

Module 3 – Safety Essentials

📹 10-minute video module

First National’s Safety Essentials training module covers fundamental safety practices to reduce risks and create a safer work environment. Learn key safety principles, hazard awareness, and best practices for workplace safety.

▶ Module: Safety Essentials

▶ Policy: Editable PDF

▶ File the signed policy as part of your WHS records

Module 2 - Behavioural Safety

📹 10-minute video module

First National’s Behavioural Safety training module is now live on the Learning Hub as part of our ongoing WHS programme. This module is designed to help your team recognise and address unsafe behaviours before they lead to incidents - reinforcing our commitment to a culture of proactive safety.

▶ Module: Behavioural Safety

▶ Policy: Editable PDF

▶ File the signed policy as part of your WHS records

To support implementation, use the Step Guide and Coaching Guide available on the Learning Hub. These tools will help you set up clear safety procedures in your office - protecting your team and your clients.

Module 1: Workplace Health & Safety

📹 10-minute video module

▶ Module: Workplace Health & Safety▶ Policy: Editable PDF▶ File the signed policy as part of your WHS records

Signed policies + module completion = confidence you're meeting your responsibilities.

FN Commercial Conference, Sydney, 19-20 November

Upcoming commercial training

October 8th – 1:00 pm – 3:00 pm

Session Four: Mastering the Art of Listing and Selling Commercial Investment Property

Register now

December 4th – 1:00 pm – 3:00 pm

Session Five: Recap and Overview of the Commercial Marketplace

Register now

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