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Australian Regional Employment Agencies Pty Ltd (AREA) is a recruitment agency whose core business is the supply of farm labour to regional centres throughout Australia.
Mr Shreyas Narayana is employed as AREA's National Recruitment Manager.
In around December 2008, AREA entered into an agreement with Zanok Technologies Pty Ltd (Zanok), an IT company that approached AREA to recruit IT graduates for a paid training course run by Zanok, with a job guaranteed on completion of the training course.
During January, February, March and April 2009, AREA, through Mr Narayana and other employees of AREA, placed advertisements and interviewed applicants on behalf of Zanok, making the following representations:
That successful applicants would obtain guaranteed employment with Zanok at a specified minimum salary on completion of a three month paid training course with Zanok;
That some trainees had already completed the training course and received job offers from Zanok; and
That if trainees proved their abilities to Zanok, they may be hired by Zanok prior to their completion of the training course.
AREA and Mr Narayana have admitted contravening sections 52 and 53B of the Trade Practices Act and have provided the ACCC with a court enforceable undertaking that AREA will:
not engage in conduct that is likely to mislead persons seeking employment as to the availability, nature, or terms or conditions, of that employment;
ensure that all advertisements placed by AREA will be worded so that they do not mislead persons seeking employment and will be reviewed by the General Manager of AREA prior to being placed;
ensure that all representations made to persons seeking employment are accurate in describing the nature and conditions of the employment offered; and
implement a Trade Practices Compliance Program.