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Obligations on staff joining and leaving

8 August 2017

By Bryan Wilcox, CEO of the Real Estate Employers’ Federation (REEF)

Many real estate business owners remain confused about their obligations to notify NSW Fair Trading when an employee joins or leaves their agency.  

Interestingly and perhaps surprisingly, NSW Fair Trading said the obligation rests with the employee and not the employer.

To assist with this, NSW Fair Trading have provided on their website a specific form that is required to be completed by an employee each time they begin a new job.  The form, which is essentially a change of address notification, differs depending on whether the employee holds a Certificate of Registration or a License.  

It enables NSW Fair Trading to ensure that renewal notices for Certificates and Licenses are delivered to the employee at their place of work.  

The Certificate or License holder needs to complete and sign the form.  The employer’s address needs to be listed, but not necessarily the agency name. The employer is not required to sign the form.

REEF recommends that the employer does the following:

  • When a new employee begins employment with your agency, you request a copy of the form they have sent to NSW Fair Trading so it can be retained in their personnel file
  • You keep a record of all your employees’ Certificates and Licenses and monitor the renewal dates. Principals have a duty under the Property Stock & Business Agents Act 2002 Supervision Guidelines to ensure that all employees practicing real estate hold a current Certificate of Registration or License
  • You maintain a current Continuing Professional Development (CPD) Register. This Register will contain copies of all CPD certificates issued to employees within your agency to show that they have met the mandatory training requirements.  Whilst the responsibility and cost to meet CPD requirements lies with the employee, you should be satisfied that each of your employees are complying with the Act.