Employment agent licence

Carry on the business of an employment agent licence

This licence is required to keep and conduct an Employment Agents Office. An employment agent is a person or business that:

• finds workers for a person or business that needs them, or
• finds employment for a person that is looking for work.

Unless they also undertake the work of an employment agent, organisations are not considered employment agents (and do not require a licence) if they are:

• a charitable organisation carrying on its activity on a non-profit basis
• an organisation or association that administers a group training scheme jointly funded by the Commonwealth and State Governments for obtaining employment for apprentices or trainees for persons who desire to employ or engage such persons in any kind of work
• an organisation that operates a labour hire business. A labour hire arrangement is one where a labour hire company or agency provides individual workers to a client or to a host, where the workers are under the host company's direction; however the labour hire company remains ultimately responsible for the worker's (their employee's) remuneration.

Some South Australian Government tenders may require applicants to hold a South Australian Employment Agents licence. If you do not currently hold a licence please contact us on 1300 365 255 before applying for these tenders to discuss your ability to meet the licence requirements.

Licence requirements

To become an employment agent you need to submit your application with supporting documentation.

You will need to:

• provide a character references for the agency manager
• place an advertisement in the public notices of The Advertiser (your application must be submitted 10 days after the advertisement lodgement date) and supply a copy of the advertisement as it appears in The Advertiser showing the date advertised (a copy of the receipt or invoice is not acceptable).
• for applicants from outside South Australia, nominate a manager who is a resident of South Australia
• be familiar with the Employment Agents Registration Act 1993 and the Employment Agents Registration Regulations 2010.

An employment agent can only carry out their business at a registered premises.

Supporting documentation

You need to advertise your intention to apply for a licence in The Advertiser and provide evidence of the advertisement on lodging your application (your application must be submitted 10 days after the advertisement lodgement date).

At least two character references and a statutory declaration must be submitted.

The following are disqualified from providing a character reference:

• a person who has, within the previous five years, been convicted of an offence in connection with the promotion, operation or management of a business; or involving fraud or dishonesty; or
• a person who is associated with the applicant as a partner, involvement in the same business, directors of the same company, beneficiaries or trustees of the same trust or relatives.

A licence will be issued once we are satisfied that:

• the applicant is a fit and proper person to hold a licence
• a person employed by the applicant as the manager of the business, has knowledge and experience in operating or managing an employment agent business.

For applicants as a body corporate, we must be satisfied that:

• every person in a position to control or influence substantially the affairs of the body corporate is a fit and proper person to exercise such control or influence in respect of a body corporate that holds the licence
• the manager nominated by the applicant has sufficient knowledge and experience for the purpose of properly managing an employment agent business.

Where the applicant is not directly involved in the management of the business or is a body corporate, the business that is to be conducted in pursuance of the licence must be under the personal supervision of a natural person who is a resident of the State of South Australia and approved by the Director.

To obtain approval of a manager the applicant must furnish the Director with the name of the natural person who is to act as the manager together with at least two character references and a statutory declaration on the prescribed forms.

Display of information at registered premises

Employment agents must maintain in a conspicuous position at registered premises:

1. A notice clearly showing the scale of fees for time being chargeable by the agent in respect of his or her business.
2. A notice clearly showing the name of the agent as it appears in the licence or a registered business name in which the agent carries on business as an agent and of which the Director has been given prior notice in writing.
3. If a manager has been appointed, the name of the manager of the business.

Employment agents have responsibilities to workers and employers, including the manner that they can be charged fees.

A licence can be cancelled if it has been improperly obtained or the licence holder fails to comply with all requirements.

Record keeping

An employment agent must keep and maintain at registered premises a record system, which fully and correctly contains:

• the name of client of the agent’s business
• details of any deposit paid to the employment agent
• prescribed information as to any employment arranged by or through the employment agent
• details of any fee paid to the agent in connection with the hiring or engagement of any worker
• such other information as may be prescribed by the regulations.