Undertaking date

Undertaking type

s.87B undertaking

Reference number

D01/50176

Section

s. 45

Company or individual details

  • Name

    Recruitment & Consulting Services Association Ltd

    ABN

    41 078 606 416

Undertaking

The members of RCSA are recruitment agencies, private employment agencies and labour hire firms throughout Australia and New Zealand. The RCSA has produced a Code of Ethics and Practice Models which are designed to articulate and encourage ethical standards of behaviour amongst members. Together, the Code of Ethics and Practice Models form a sort of "how to" Manual of best behaviour by the members of RSCA. There are disciplinary provisions in the Code of Ethics providing for the imposition of warnings, fines, suspension of membership or expulsion from RCSA in the event of a breach.

Following a recent appeal from a decision of the Victorian / Tasmanian Divisional Disciplinary Committee imposing a fine upon a member, the RCSA has reviewed its Code of Ethics and Practice Models.

RCSA have provided an undertaking that:

  • acknowledges that the relevant determination and the suggested imposition of sanctions would potentially have breached section 45 of the Trade Practices Act 1974 (the Act);
  • rescinds the suspect Principles of the Code of Ethics and Practice Models;
  • withdraws disciplinary action against any member for alleged breach of the Code of Ethics and Practice Models;
  • provides compensation to members who have been subject to disciplinary proceedings within the last three years; and
  • implements a Trade Practices Compliance Program with respect to Part IV of the Act within one month of signing this Undertaking with full implementation to occur within four months. RCSA will develop and maintain a trade practice education program to inform its members of the obligations imposed by the Act dealing with both restrictive trade practices and consumer protection.