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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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There, I have a question . I was a licensee who

Customer Question

Hi There, I have a question for you.
I was a licensee who worked for seven years for a Real Estate Company, who was a Ltd Pty company.
I have a workplace agreement duly signed by all parties dated Oct 2008.
During the course of my employment I was required in January 2009 to become a director to enable the company to accquire a Real Estate Licence ( Body Corporate) to operate, as it is a requirement under the Act that where there is three directors at least one must be a Licensed Real Estate Agent. This was in name only and no shares was provided as it was a nessary part of aquiring a licence to trade.
In the course of my employment I became aware that one of the Directors Erika Luff was helping herself to the company funds (not Trust Account) I advised the other Director that something must be done to stop the unauthorised abuse for the wellbeing
of the company and conveyed a meeting to try and resolve the issue. Unfortunity the director Erika Luff was completly dismissive of any wrongdoing and failed to meet her obligations as a director and continued to to rout the general account.
After numerous failed attempts to get Erika Luff to comply with certian company obligations I along with the other director agreed to put the company into administration
with BRI Ferriers Western Australia in Francis Street Northbridge W.A. 6003.
In April 2014 the Administrator found that Erika Luff could not or would not distinguish what was company funds and what was her own, he further allower her 12 months to repay the funds taken in a deed of company arrangement which has finally been met.
there was suffient funds to meet the company Debts at that time.
Now I was required to complete verious reports and provide Formal Proof of Debt
on behalf of myself. My proof of debt for wages owning, for commissions due, holiday pay, Redundancy Pay, Long service leave as per the workplace agreement have all been rejected as they have indicated me as an excluded employee.
I would have thought the having a workplace agreement that clearly indicated the terms of employment would have some weight ? your opinion would be appreicatted as it will affect all licensee n W.A. who work for a Ltd Company which is most ? if thing go wrong.
Yours sincerly
Robert C Treacy
Tel 0418 921 066.
Submitted: 2 years ago.
Category: Australia Law
Expert:  James D. Ford replied 2 years ago.
Hi Robert, My assumption is that the registered Workplace Agreement, for some reason specifically excludes directors of the company.. as "excluded employees", on the basis that they are from a distinctly different operational group within the organisation, and will have separate employment contracts.. which remunerate for their additional responsibilities and obligations as directors of the company. Have you read the Workplace Agreement in detail? when was it registered... does it specifically exclude directors of the company? Kind regards, James
Customer: replied 2 years ago.
The Workplace agreement was made on 16th day of October 2008 and signed by all
on the same day.
It was a specifically written agreement for a Real Estate Licensee and named me as the Licence Holder.
It states the Licence holder is to be a holder of a Triennial Certificate holder under the Act.
Under section 3.11States Comply with all lawful directions given to him by the principal (and if a company it's directors) from time to time;
It also States that I am to Observe and comply in all respects with;
All the provisions of the Act and the code of conduct made thereunder from time to time and any other statute or regulation of any competent authority for the time being affecting the business,and any order direction or authority of the Real Estate and Business Agents Supervisiory Board.
It was nessessary for me to become a director in order for the company to gain a Licence ?
It Also indicates under Severability:
In the event of any part of this agreement being or becoming void or unenforceable then that part shall be severed from this agreement to the intent that all parts that shall not be or become void or unforceable shall remain in full force and effect and be unaffected by any severance
Perhaps if I send you a copy of the agreement it may help ?kind Regards ***** *****
Customer: replied 2 years ago.
I have had a look again and the work place agreement certainly does not exclude directors it is not a general agreement it is for Real Estate licensee's agreement which is a little different ? And a licensee is required to become a director in order for a Body Corporate to acquire a I can send you details if required.Kind Regards ***** *****
Expert:  James D. Ford replied 2 years ago.
Robert... perhaps also request further information from the Administrator.. regarding specifically the legal basis as to why they have categorised you as an excluded employee?