The Australian Competition and Consumer Commission has issued a decision proposing to grant authorisation* to the Recruitment & Consulting Services Association (RCSA) for its Code for Ethical Conduct and Guidelines for Divisions: Disciplinary and Dispute Resolution Procedure.**
"The ACCC believes that the provisions within RCSA's Code for Ethical Conduct and the Guidelines will assist in ensuring that businesses operating within the employment services industry act ethically and professionally", ACCC Chairman, Professor Allan Fels, said today.
The Code for Ethical Conduct outlines a number professional standards to which members agree to adhere. They include that members to act honestly in all dealings, respect work relationships, ensure that workers are given details of their work conditions etc. The Guidelines establish the RCSA's disciplinary and dispute resolution procedures which provide for the imposition of fines, suspension of membership or expulsion from the RCSA in the event of a breach of the code.
"The ACCC is satisfied that the standards set out in the code are unlikely to restrict competition in the employment services industry.
"In addition, the dispute and appeals processes contained within the Guidelines are transparent and provide procedural fairness. Overall, the potential for anti-competitive detriment to arise from the code and Guidelines is minimal".
The RCSA is an industry association for recruitment agencies, private employment agencies and labour hire firms. The RCSA currently has around 3200 members across Australia and New Zealand.
The ACCC will consult with interested parties on its draft decision before it makes a final decision.
* The Trade Practices Act 1974 prohibits competitors agreeing to work together in a way which prevents, restricts or limits the supply of goods or services. Authorisation provides immunity from court action arising from such agreements but can only be granted where the ACCC is satisfied that the public benefit arising from the conduct outweighs any public detriment.
**The RCSA also sought authorisation for a number of clauses contained within its Constitution which underpin the disciplinary and appeals procedures of the RCSA.