The model in one line
Poachd indexes capability and introduces two parties. The contractor then engages the tradesperson directly under its own agreement, on its own terms, and carries the employment, licensing, safety and insurance obligations that come with that. Poachd is never the employer, never the labour supplier and never a party to the engagement.
Who holds what
| Obligation | Held by | Detail |
|---|---|---|
| The engagement agreementContract law; Fair Work Act 2009 (Cth) | Contractor | The contractor engages the tradesperson directly under its own employment contract or genuine contracting agreement. Poachd is not a party to it and never signs on either side. |
| Employee or contractor classificationFair Work Act 2009 (Cth) s 15AA | Contractor | Classification is assessed on the whole of the relationship - what the contract says and how the work actually runs. The contractor makes and owns that call. |
| Award, pay rates and entitlementsNational Employment Standards; Electrical, Electronic and Communications Contracting Award 2020; Building and Construction General On-site Award 2020 | Contractor | Minimum rates, penalties, allowances, superannuation, leave, casual arrangements and the right to disconnect are applied by the contractor as employer. |
| Licence and endorsement verificationState electrical safety and licensing legislation | Contractor | Before anyone touches licensed electrical or HV work, the contractor verifies the licence and any switching endorsement against the relevant state register. Poachd's checks are a convenience layer, not a substitute. |
| Work rightsMigration Act 1958 (Cth) | Contractor | The contractor confirms visa and work-rights status through VEVO before the engagement starts. |
| Work health and safetyModel Work Health and Safety Act as adopted in each state and territory | Contractor | The contractor controls the workplace and the work as the PCBU: inductions, SWMS, supervision, isolation and permits. Poachd never directs, rosters or supervises work. |
| Workers compensation and insuranceState workers compensation schemes | Contractor | The contractor holds current workers compensation cover for employees, and confirms cover arrangements where the tradesperson is a genuine independent contractor. |
| Licence currency and accuracyState electrical safety and licensing legislation | Tradesperson | Tradespeople hold a current licence for the work they accept, keep tickets and endorsements up to date on their profile, and only claim capability they can evidence. |
| Introduction and matchingPoachd Terms of Service | Poachd | Poachd indexes capability, fences it to location, and introduces the two sides. Our service ends at the introduction and the record of it. |
| Data handling and transparencyPrivacy Act 1988 (Cth); Privacy and Other Legislation Amendment Act 2024 (Cth) | Poachd | We hold licence and identity data under the Australian Privacy Principles, minimise what we retain, and disclose how automated matching uses personal information. |
| FeesFair Trading Act 1987 (NSW) s 49; ILO Convention No. 181 art 7 | Poachd | Fees are charged to the engaging business only. Tradespeople are never charged, and nothing is ever deducted from their pay. |
How the platform is structured
We do not supply labour
Poachd does not employ, on-hire, pay, roster, direct, supervise or discipline any tradesperson. Pay is agreed and paid directly between the contractor and the tradesperson, off-platform.
Labour hire licensing
Licensing schemes in Victoria, Queensland and the ACT turn on whether a business supplies a worker to a host and pays that worker. Poachd does neither, so it operates as an introduction and capability-intelligence service rather than a labour hire provider. Contractors that on-hire the person to a third party remain responsible for their own licensing position.
No fee to the worker, ever
Charging a person for access to work is prohibited under state fair trading law and cuts against ILO Convention 181. Poachd charges the engaging business only - no listing fees, no placement fees and no pay deductions on the tradesperson side.
Non-discriminatory matching
Matching runs on capability, licences, location reach and availability. Protected attributes are not inputs, and role briefs that use discriminatory criteria are removed.
Transparent automated matching
Matching and ranking are automated. We disclose the categories of information used, keep a human in the loop for verification decisions, and give a documented reason with a review path if platform access is withdrawn.
Access is a service term, not a job
Removing an account ends access to a commercial matching service. It does not end anyone's employment - only the contractor can do that, under the agreement it holds with the person.
What contractors confirm
Before a role goes live on Poachd, the contractor confirms that:
- We engage the tradesperson directly under our own agreement.
- We classify the engagement correctly and apply the relevant award and National Employment Standards.
- We verify licences, endorsements and work rights before work starts.
- We hold workplace safety duties as the PCBU, plus current insurance and workers compensation cover.
- We do not use discriminatory selection criteria.
These undertakings are recorded in the Terms of Service. If a contractor cannot meet them, the role does not belong on the platform.
What tradespeople should know
- Poachd is free for you and always will be. Nothing is charged to you or deducted from your pay.
- Your identity stays withheld until you show interest in a role.
- Your pay, hours and conditions are set in the agreement you sign with the contractor - read it, and check the award rate that applies to the work.
- Only accept work your licence and endorsements cover.
Non-competes, restraints and golden handcuffs
Restraint clauses and retention arrangements are the most common reason a good move stalls. Here is where Poachd sits.
Listing capability is not a breach
Building a passport on Poachd is not working for anyone else. A tradesperson can index their skills, licences and location reach while still employed, and stay hidden from their own employer until they choose to show interest in a role.
Restraints bind people, not platforms
Any non-compete, non-solicit or non-deal clause sits in the agreement between the tradesperson and their employer. Poachd is not a party to it and cannot waive, override or interpret it. If someone is unsure what their contract allows, they should read it and get their own advice before accepting an engagement.
Restraints have to be reasonable to bite
In Australia a post-employment restraint is only enforceable so far as it protects a legitimate business interest and is reasonable in duration, geography and scope. Courts can read a cascading clause down or strike it out, and in New South Wales legislation allows a restraint to be read down rather than voided outright. A broad clause is not automatically an enforceable one.
Golden handcuffs are a commercial question
Retention bonuses, training-cost clawbacks, sign-on repayments and unvested incentives are contract terms, not legal barriers to moving. They change the economics of a move, so we surface them early: a contractor should know about a clawback before it derails a start date, and a tradesperson should price it into what they accept.
We do not induce breach
Poachd does not encourage anyone to break a contract, walk off a job, take confidential information or bring their current employer's clients or workforce with them. Contractors using the platform to solicit an intact team away from a competitor in breach of that workforce's obligations are off the platform.
Contractors carry the diligence
Before an engagement starts, the engaging contractor asks about existing restraints, notice periods and repayment obligations, and satisfies itself that the hire can lawfully proceed. Poachd introduces capability; it does not clear anyone's contractual position.
Tradesperson
- Read your contract for restraint, notice, confidentiality and repayment clauses before you accept anything.
- Flag a known restraint in your passport notes so a contractor can work around it instead of pulling out late.
- Never bring documents, pricing, drawings or client lists from a current or former employer.
- Get your own advice if a clause looks like it covers the work you are being offered.
Contractor
- Ask about restraints, notice and clawbacks at first conversation, not at offer stage.
- Do not ask a candidate to bring crew, clients, pricing or documents with them.
- Set start dates that respect notice periods.
- Take your own advice where a restraint is arguably enforceable, and keep a record of the checks you ran.
Restraint of trade turns on the exact wording of the contract and the facts of the role. Nothing here is legal advice, and the enforceability of any clause is for the parties and, if it comes to it, a court to determine. Note also that reform in this area is live in Australia - check the current position before relying on a general rule.
Also worth knowing
- Discovery is capability-based: protected attributes are never matching inputs.
- You can hide your passport or close your account at any time.
Questions from a regulator or a client legal team
We are happy to walk through the operating model, the data we hold and the verification steps we run. Email hello@poachd.co.
This page describes how Poachd operates and how responsibility is allocated between the platform, contractors and tradespeople in Australia. It is general information, not legal advice. Obligations vary by state, industry instrument and the facts of each engagement - get your own advice for your business.
Questions about this page?
The Poachd team is here to help. Email hello@poachd.co and we'll come back to you.