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From about May 2007 to October 2007, Richard Alexander Roberson, trading as Backpacker Employment Services (BES), published or caused to be published, advertisements in a variety of media offering fruit picking jobs.
Mr Roberson represented that:
fruit picking jobs were available in a variety of locations, including the Taree area of New South Wales and in Queensland;
he could supply fruit picking jobs to unemployed persons if they agreed to pay for a 6 month subscription at a cost of $50 or a 12 month subscription for $100 with BES;
he could guarantee employment to his subscribers for the length of their subscription;
he had between 200 and 300 fruit picking jobs available at Moorland Orchard, that these jobs were available from July 2007, that accommodation was available and that the rate of pay would be $16 per hour.
ACCC enquiries revealed that insofar as the representations were in respect of future matters, Mr Roberson did not have reasonable grounds for making the representations.
In particular, Mr Roberson had no arrangement with Moorland Orchard whereby that business would provide employment to any fruit pickers referred to it by Mr Roberson.
The ACCC has accepted court enforceable undertakings from A. Giumelli & Sons (1989) Pty Ltd for breaches of the Horticulture Code of Conduct (Code), a mandatory industry code under the Trade Practices Act 1974.
A.