atw: Re: agency contracts

Look at the Trade Practices Act. Under competition or something... Help from
the ACCC is available to you. If that is the only problem, sign it, the
clause is not contestable, and I think possibly voids the entire contract. 

wjlewington@xxxxxxxxxx
 
WJL Consulting.
PO Box 404,
Liverpool, NSW
Australia, 1871
www.wjl.com.au
Phone/facsimile: +61 2 9876 5345
Mobile/cell phone: +61 0408 612 752


-----Original Message-----
From: austechwriter-bounce@xxxxxxxxxxxxx
[mailto:austechwriter-bounce@xxxxxxxxxxxxx] On Behalf Of Daragh Pender
Sent: Wednesday, 19 March 2008 20:09
To: austechwriter@xxxxxxxxxxxxx
Subject: atw: agency contracts


Hi - I remember reading somewhere (possibly on this list) that the commonly
included agency clause whereby "you cannot work for this company for the
next 12 months" is actually illegal and would not hold up if challenged.

Can anyone shed some light on this ?



Also, I would like to highlight a clause in a contract presented to me
recently:

"The Consultant must provide <agency> 10 working days notice of the
Consultant's intention to terminate this agreement.  If the Consultant
notice to terminate is outside of the agreed period, at the discretion of
<agency>, the equivalent of 10 days fees will be withheld from the
Consultant's final invoice payment."

This can't be legal ??
It staggers me that recruitment agencies have the gall to include such
rubbish, and it staggers me even more that they can get away with this sort
of mercenary behaviour. Why don't companies (the ones paying the bills)
realise all they have to do is stick an ad on Seek and banish the money
changers.

Anyways, it is one to watch for.




/Daragh


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