Who needs to apply for a licence
All individuals, partnerships or bodies corporate (companies and other incorporated bodies) that carry on business as employment agents must be licensed under the Employment Agents Act 1976 (the Act). This includes traditional employment agencies and employment brokers, as well as booking agencies, babysitting agencies, housesitting agencies, and cleaning agencies. The Act does not allow the Commissioner for Consumer Protection to issue a licence in the name of a partnership or company. In these instances, the licence must be held by a natural person (an employee, an officer of a body corporate or a member of a firm) on behalf of the partnership or company.
You are considered to be ‘carrying on business’ as an employment agent if:
- you receive payment for helping people find employment or for finding employees for other people or businesses (whether you do this fulltime, part-time or just occasionally); or
- whether or not for reward, you place people in jobs and receive from the employer an ‘entrance fee’, periodical contribution or any other charge for your services.
Exemptions
The following are specifically exempted from the need to be licensed:
- newspaper publications;
- labour hire companies;
- Disability Employment Service Providers who are engaged under the Disability Services Grant Agreement with the Commonwealth. (This agreement falls within the Employment Agents Exemption Order 2002)
- people licensed under other Acts of Parliament to handle the employment of seamen; and
- State or Federal Government departments or instrumentalities.
Other exemptions from the Act can be granted by an Order in Council made by the Governor.
What do I need to lodge a complete application
To apply for a licence and triennial certificate you must lodge a complete application. This means you must:
- Complete all the relevant sections of the Individual or body corporate/partnership application form.
- Attach/pay the correct fee. This is payable at the time of lodging the application.
- Provide the relevant police check for the individual or for all directors/partners, which is not more than three (3) months old at the time of lodgement. Only police checks issued by our list of approved providers will be accepted.
- Scale of fees (see Scale of fees section below).
- Notice of employment offered.
- Certificate of Registration of a Business Name.
- Resume.
Lodging your application
Once you have completed the application form and have all of your supporting documents ready, you can lodge your application in one of two ways:
| By Post | In Person (including payments) |
|---|---|
| Licensing Services Department of Energy, Mines, Industry Regulation and Safety Locked Bag 100 EAST PERTH WA 6892 | Customer Service Level 1, Mason Bird Building 303 Sevenoaks Street CANNINGTON |
Scales of fees
Show moreplease refer to the scale of fees for employment agents template form.
Permanent Staff
- (a) The maximum fee chargeable will be calculated as _________% of the first year’s gross salary. (This is a once only charge and not an annual fee).
(b) (If different rates are to be charged for different classes of person, place, employment or other circumstances, please give details of rates applicable). - Only the employer is liable to pay the fee.
- Time for payment is ________________days from invoice.
- If an employee terminates employment or is released by the employer within ______weeks / months of commencement, and we are informed of this in writing, we undertake to seek a replacement free of charge. This guarantee and condition is only valid if the client’s account is paid in full.
- (a) All advertising costs are included in the engagement fee. If special display advertising is required by the client, we will compose and insert the advertisement in the selected media on the client’s instructions and at the client’s expense.
(b) All expenses will be charged at cost.
Temporary and Casual Staff
- (a) The maximum fee chargeable will be calculated at ______% of the first year’s gross salary. (This is a once only charge and not an annual fee).
(b) (Please give details of the rates that are to be charged, including different rates for different classes of person, place, employment or other circumstances). - Only the employer is liable to pay the fee.
- Time for payment is _________days from invoice.
- (a) If an employee is deemed to be unsatisfactory and we are informed of this within four (4) hours from first commencement, we will undertake to seek a replacement free of charge. Or No replacement guarantee is offered.
- All advertising costs are included in the engagement fee. If special display advertising is required by the client, we will compose and insert the advertisement in the selected media on the client’s instruction and at the client’s expense.
- These expenses are charged at cost.
(Please delete non-applicable terms).
This form is intended for guidance only. You may wish to adopt a completely difference format.
