Undertaking date

Undertaking type

s.87B undertaking

Reference number

D06/68473

Section

ss. 51AC & 52

Company or individual details

  • Name

    Stephen Bernard Johns (this entry is an individual, not a company)

Undertaking

In November and December 2001 agents of Cleanaway visited customers in Rockhampton stating that the purpose was to gauge satisfaction with the service, update customer details and inspect the site. Cleanaway agents requested that customers sign a service agreement form (SAF) as acknowledgement of the visit, but did not:

  • disclose that the SAFcomprised a contract for waste collection services for 3 years;
  • provide an opportunity for the customer to determine the nature of the SAF; or
  • inquire whether the representative of the customer had the authority to sign a contract on behalf of the customer.

The matter was settled by Consent Orders and BIS Cleanaway and Stephen Johns, a former Territory Manager, provided undertakings to implement, or in Johns' case, attend, trade practices compliance training. Johns to provide a report or certificate of attendance and BIS Cleanaway to provide an annual report for 2 years on compliance training implemented.