QLD Pub Poaching from Agency - What to Do Under Commercial Law?

[prosurfer]

Some time ago, I set up an agency organising lingerie girls to come to work in a pub. As such, I invoiced the pub management each week for the girl supplied and paid the girl, taking a small percentage as an agency fee.

Recently new management have taken over the pub and they have decided not to use my services. I have just discovered they are contacting the girls I spent a lot of time booking, attracting and organising to work at the pub to come and work directly for them or for them through another agency. I spent a lot of time and efforrt finding girls and persuading them to work at the pub. I feel that I should invoice the pub every time they use one of the girls I found and contracted.

Where do I stand legally on this under Commercial Law?

 

[Rod]

Your rights will depend on the contracts you have the Pub and the girls. Unless you have a 'no poaching' clause with the pub and/or a 'no working directly for client' clause with the girls, you probably don't have any rights.

 

[Tim W]

Unless you have exclusive representation of the girls,
which is a matter of contract between you and them, and
some sort of "no poaching" deal with the venues,
which is a matter of contract between you and the venue,
then you are basically nowhere.

Bear in mind that unless you are a labour hire firm
(you might be, but you probably aren't),
or are otherwise directly employing them, even as simple casuals,
and even if their workplace might vary day to day* (which you might be, but probably aren't)
then, as a booking agent, it's you who works for the girls, not them for you.


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* Similar to what happens with people who operate on-site catering for functions