Agency Practice

Is there a ticking time bomb in your business?

Do you employ a Virtual Assistant (VA) based in another country? 

If you’re doing it officially through our Alliance Partner, Affordable Staff, then you’re completely safe. On the other hand, if your employment relationship is direct, you need to be aware that a recent court decision could render you liable to a significant claim. For example, you may be forced to pay your VA the same rates as local Australian Employees (and retrospectively).

The Australian Fair Work Commission is set to hear an unfair dismissal claim brought by a Filipino contractor, which could potentially result in the worker being granted the same rights as an Australian employee, including access to Australian pay rates.

In this case, an Australian business ended its contract with a Filipino worker, who then filed a wrongful dismissal claim.

This is major news because it suggests that businesses who directly contract offshore workers may be held to the same level of accountability and responsibility as a local Australian employee, even when the worker is based in another country.

By using a service like Affordable Staff, you're protected from these issues, ensuring full compliance and peace of mind.If this case sets a precedent, it could mean that overseas workers would be entitled to the same rights as Australian employees, including the possibility of filing claims related to not receiving Australian minimum wages.

If you're unsure about how this might impact your business, it’s critical to speak with experts who can help you navigate these changes and offer the right advice. 

For more information, contact Affordable Staff on 1300 139 482.

NSW Residential Tenancies Amendment Bill 2024 introduced to Parliament

On 15 October 2024, the Residential Tenancies Amendment Bill 2024 (RTA Bill) was introduced into NSW Parliament. The proclamation could occur by 1 July 2025 or earlier.

The RTA Bill makes significant and important changes to the rental laws in NSW. These are the high-level changes you need to know about. 

1. What are the main changes being proposed by the Residential Tenancies Amendment Bill 2024?

The Bill proposes significant changes to the Residential Tenancies Act 2010, primarily focusing on:

• Pets: Making it easier for tenants to have pets in rental properties
• Termination of Tenancies: Introducing more specific grounds for landlords to end tenancies and setting minimum notice periods
• Rent Payments: Mandating landlords to offer free and convenient rent payment methods

2. How does the Bill affect a tenant’s right to keep a pet?

The Bill establishes a new framework for keeping pets in rental properties:

• Tenants can keep pets with the landlord's consent
• Landlords must respond to pet applications within 21 days
• Landlords can only refuse consent on specified grounds (e.g., the property is unsuitable for the animal)
• Landlords can impose reasonable conditions on keeping a pet
• Tenants can challenge a landlord's decision at the Tribunal

3. What are the new grounds for a landlord to terminate a tenancy?

The Bill replaces the previous broad grounds for termination with specific grounds, including:

• Breach of the tenancy agreement
• Sale of the property
• Significant renovations or repairs
• Demolition of the property
• Tenant no longer eligible for a housing scheme (e.g., affordable housing, transitional housing)
• Landlord or their family will reside at the property

4. How much notice must a landlord give a tenant to end a tenancy?

The Bill introduces minimum notice periods depending on the ground for termination and the type of tenancy agreement:

• Periodic agreement: Notice periods range from 30 to 90 days
• Short fixed-term agreement (6 months or less): Notice periods are at least 60 days and must not end before the end of the fixed term
• Other fixed-term agreements: Notice periods are at least 90 days and must not end before the end of the fixed term

5. Can a landlord still terminate a tenancy if the tenant has lived in the property for a long time?

The Bill makes it harder for landlords to end long-term tenancies (20 years or more). Landlords cannot use the new specific grounds for termination in these cases. However, they can apply to the Tribunal for a termination order if they meet certain criteria.

6. What changes are there regarding rent payment methods?

Landlords must now offer tenants free and convenient ways to pay rent, including:

• Centrepay
• Approved electronic bank transfer methods

Landlords cannot charge fees for using these methods or require tenants to use a specific service.

7. When will these changes come into effect?

Different provisions of the Bill have different commencement dates:

• Some provisions, like changes to the Rental Bond Board and data collection on evictions, will commence on assent
• The new pet provisions will commence on a date to be proclaimed
• Other provisions, including changes to rent increases and termination grounds, will commence on 1 July 2025 or an earlier proclaimed date

8. Where can I find more information about the Bill?

The full text of the Residential Tenancies Amendment Bill 2024 and further information can be found on the NSW Parliament website, and specifically, the Second Print document here. You can also contact the NSW Fair Trading for advice concerning tenant or landlord rights and obligations.

Closing at Christmas?

If you are intending to close your doors this Christmas - even for as little as a few days - and you require employees to take annual leave, then it's time to start planning.

If you have employees engaged under either the Clerks - Private Sector Award 2020 or the Real Estate Industry Award 2020, you will need to provide them with a minimum of 28 days written notice that they will be required to take annual leave over the period of the agency temporary shutdown (excluding any public holidays).

But what if you have employees who do not have enough annual leave to cover the temporary shutdown period?

As an employer, you can't force an employee to take leave without pay if they don't have sufficient annual leave for the days your agency is closed.  However, under both Awards, and by mutual agreement in writing, you can grant the employee annual leave in advance, or the employee can agree to take leave without pay.To confirm this arrangement an agreement to take annual leave in advance must be completed and signed by both the employer and the employee.

QLD legislation opens agents to significant legal liabilities

Queensland’s sales agents need to be prepared for new mandatory disclosure rules from 1 August 2025.

With the Property Law Act 2023 coming into effect at that point, agents must provide prospective purchasers of residential and commercial property with a disclosure statement and prescribed certificates BEFORE the buyer signs the contract.

Buyers will be permitted to terminate a contract any time before settlement if the documents aren’t provided correctly or contain insufficient or incorrect information. 

Lawyers have warned that buyers with cold feet could rescind a contract the day before settlement, with no loss of deposit, if a disclosure document like a title search or set of by-laws are missing or weren’t provided before the exchange of contracts.

Imagine that your vendor has committed to another purchase then your buyer rescinds, and you are found to be at fault for failing to provide timely/accurate/fulsome disclosures. Somebody is going to get sued! Perhaps it’s time to consider outsourcing your risk to a conveyancer or lawyer.

[1] ‘Deep Dive’ discussions generated using AI serve only as a general briefing but should not be relied upon in place of reading the actual legislation. There may be errors or omissions in the dialogue between the hosts.