Australian Workplace Services Pty Ltd - s.87B undertaking

Australian Workplace Services Pty Ltd (AWS) has provided court enforceable undertakings to the ACCC following an investigation relating to beaches of the Trade Practices Act 1974 and the Australian Consumer Law.

AWS admits that it made false or misleading representations in contravention of sections 52, 53(f) and 75AZC(1)(j) of the Trade Pracices ACt 1974 and sections 18, 29(1)(i) and 151(1)(l) of the Australian Consumer Law when in the course of selling or promoting its safety products.  Specifically, by making representations that there was a requirement under the relevent workplace safety laws of the state in which the business was located for the business to maintain information and material of the same nature as those supplied or offered for supply by AWS, when in fact there was no such requirement.

The undertaking requries AWS to:
-not make representations to consumers that they are required by state or territory workplace health and safety laws to maintain information and materials of the same nature as those supplied or offered for supply by AWS, when this is not the case;

-publish a corrective notice on its website; and

-implement a trade practices compliance program.

As the director and day to day manager of AWS, Mr John O'Halloran has provided a separate court enforceable undertaking to the ACCC