Automotive Employment NZ, through its parent company Jobcorp NZ Ltd, are corporate members of the Recruitment and Consulting Services Association (RCSA).
We comply with the industry code and conduct of practice with regards to ethics and compliance detailed below.
RCSA Code of Professional Conduct
PART A: Personal Professionalism
1. Diligent & Competent
a) RCSA Members are diligent in their attentiveness to the needs of their customers and in their provision of appropriate and responsive workforce services
b) RCSA Members exhibit the competencies necessary to provide workforce services that are reasonably fit for purpose
2. Trustworthy
a) RCSA Members are conscientious in safeguarding the trust placed in them by their stakeholders.
3. Respectful
a) RCSA Members accord their stakeholder’s due respect:
i) treating them with courtesy and dignity;
ii) providing work seekers with equal opportunities for skill enhancement and career progression; and
iii) protecting work seekers from exploitation.
4. Knowledgeable
a) RCSA Members work diligently to develop and maintain a satisfactory and up to date level of relevant professional knowledge;
b) RCSA Members make sure that their staff are adequately trained and skilled to undertake their responsibilities.
c) RCSA Members maintain a continuing professional development programme to the level prescribed by RCSA commensurate with their professional accreditation
5. Co-operative
a) RCSA Members:
i) deal with their regulators and certification bodies in an open, timely and co-operative manner;
ii) co-operate reasonably in the handling of grievances and disputes - using processes of counselling (as may be directed in accordance with theProfessional Conduct Grievance Intervention Guidelines), negotiation, expert appraisal, mediation, and arbitration in order to resolve disputes and must endeavour to do so wherever practicable.
PART B: Operational Integrity
6. Confidentiality
a) RCSA Members handle information with due regard to privacy and confidentiality.
7. Care
a) RCSA Members exercise care to fulfil any value promise they have made or promoted.
8. Certainty of Engagement
a) RCSA Members take reasonable steps appropriate to their size and circumstances:
i) to ensure the certainty, transparency and scope of any contract, arrangement or understanding, to which they are a party or in which they are involved;
ii) to obtain adequately informed consent for the provision of a workforce service, or for the performance of a service network role.
9. Effective Complaints Handling
a) RCSA Members establish and maintain credible grievance handling mechanisms and corrective action procedures, appropriate to their size and circumstances, to address any failure to meet the standard of professional conduct required by the RCSA Code.
NOTE:Credible grievance handling mechanisms must be genuine, reliable, timely, respectful of legal remedies and operate without unlawful discrimination or fear of recrimination.
10. Social Sustainability
a) RCSA Members:
i) conduct business in a way that avoids causing or contributing to exploitation through their activities;
ii) seek to prevent or mitigate risks of exploitation that are linked to their operations or services by their business relationships, even if they have not vontributed to those risks.
11. Ascertain & Assure
a) RCSA Members, appropriately to their size and circumstances:
i) apply resources; and
ii) establish and maintain controls
to ascertain and assure themselves, to a reasonable standard of confidence, that they meet the requirements of the regulatory environment in which they operate.
NOTE: If the controls fail - whether through inadvertence or recklessness - the ensuing conduct may amount to unsatisfactory conduct. Corrective action or disciplinary measures may be taken depending on the seriousness of the failure and the extent to which standards of personal professionalism and operational integrity have been met.
12. Continuous Disclosure
a) RCSA Members accept a professional responsibility of continuous disclosure of events in which they are involved, and findings made against them which could reasonably be expected to reflect adversely on the character or reputation of the Member, the Association, or the industry.
Examples: Labour hire or employment agent licence enforcement proceedings; criminal, taxation, migration, safety, consumer, or competition offence proceedings; or proceedings involving privacy or confidentiality breaches.
PART C: Directions
13. Members are to meet the standard of professional conduct required by the RCSA Code
RCSA Members are to meet and are responsible for ensuring that their staff meet the standard of professional conduct required by the RCSA Code.
14. Members are to avoid involvement in unsatisfactory professional conduct
RCSA Members are not to engage or be involved in unsatisfactory professional conduct.
15. Members are accountable
RCSA Members are accountable to RCSA, through itsProfessional Conduct Grievance Intervention Guidelines, for assuring to a reasonable standard of confidence that they meet the standard of professional conduct required by the RCSA Code.
PART D: Adoption
16. Contract
Acceptance by RCSA of a Member’s statement of commitment shall create a binding and enforceable contract:
between Members and RCSA; and
between Members
effective upon the Member’s applying for, obtaining, or retaining membership after its terms have been notified to the Member at the address for notices last noted in RCSA’s records, that the Member, guided by this Code, will conform his, her or its conduct to a standard that is becoming of a Member and so as not to prejudice the interests of RCSA.
PART E: Definitions & Interpretation
Applicable law
means law made by or under statute, covenant, or treaty, that applies to the conduct of a Member’s workforce services dealings.
Consultant
means aperson, who is engaged by a Member, whether as an employee, contractor, officer or otherwise, to represent the Member in the market in providing workforce services and includes a prospective Consultant.
Controls
are the means by which a Member assures that its responsibility to meet the standard of professional conduct required by the RCSA Code is being satisfied.
NOTE: The meaning of control is broader than internal financial control and is expanded to include all planning and strategies put in place to support the standard of professional conduct required by the RCSA Code. It would include policies, procedures, and practices. Transparency and probity are also part of this control environment.
Customer
means a person who acquires, or who has dealings to acquire, a workforce service (regardless of the payment of any fee) and includes, where the context permits, a work seeker.
Exploitation
Exploitation, of one person (the victim) by another person, occurs if the other person's conduct causes the victim to enter into any of the following conditions:
slavery, or a condition similar to slavery;
servitude;
forced labour;
forced marriage;
debt bondage.
and includes in relation to workseekers:
a serious contravention of the civil remedy provisions within the meaning of s. 557A of the Fair Work Act 2009(C’th);
a deliberate, serious and sustained failure to comply with the duty of good faith in s. 4 of the Employment Relations Act 2000(NZ); and
unconscionable conduct within the meaning of the common law or the Australian Consumer Law.
the Industry
means the on-hire, recruitment, contracting and consulting industry across Australia and New Zealand including, without limitation, the provision of recruitment, workforce consulting, on-hire and staffing services.
Involvement (in unsatisfactory professional conduct)
Includes:
aiding, abetting, counselling, or procuring;
inducing or attempting to induce;
or being in any way, directly or indirectly, knowingly concerned in, or party to, unprofessional conduct.
Professional Conduct Grievance Intervention Guidelines (PCGIGs)
are the procedures approved by the RCSA Board from time to time, regardless of how they may be styled, for implementing the RCSA Code.
Example: The Disciplinary & Dispute Resolution Procedures which are referred to in RCSA’s Constitution would be PCGIGs.
Reasonable standard of confidence
means in relation to a matter, circumstance, or state of affairs means that, after reasonable inquiry, the Member is comfortably satisfied, within an acceptable degree of residual risk, as to its existence and that the Member can demonstrate the reasonable basis for such satisfaction.
Service network
means a set of contracts, arrangements, or understandings for the performance of service network roles by two or more providers.
Service network role
Means any of the following roles in relation to a work seeker:
sourcing/selection
engagement
mobilisation (including induction and work health & safety training)
occupational, pre-vocational and recent-graduate training
performance of work (by work seekers)
management & supervision
accommodation
payment
demobilisation
Staff
means persons engaged by a member in its business to work on the Member’s behalf in providing or supporting the provision of Workforce Services and includes a Consultant.
Stakeholder
means a person who places trust in a member to meet the standard of professional conduct required by the RCSA Code, to avoid unsatisfactory professional conduct, or to be accountable through RCSA'sProfessional Conduct Grievance Intervention Guidelines, including RCSA, another Member, Staff, a customer, a competitor, or a regulator.
Statement of commitment
Means a statement of commitment to meet the standard of professional conduct required by the RCSA Code and to be accountable through RCSA'sProfessional Conduct Grievance Intervention Guidelines, which may be in the form approved by the Board of RCSA from time to time.
Unsatisfactory professional conduct
Includes any conduct, whether of the Member or another person, occurring in connection with a member’s workforce services dealings that might reasonably be expected to discredit the Member's commitment to meeting the standard of professional conduct required by the RCSA Code.
Value promise
means any representation, promise or prediction that a member’s services (or services of third party supplied in connection with a member’s services) are of a particular standard, quality, value or grade; or have performance characteristics, accessories, uses or benefits or will achieve a particular purpose.
Workforce services
means a service for the on-hire, recruitment, contracting, management, or administration of labour.
Workforce services dealings
Includes all activities in establishing the relationship between a workforce services provider and its customer, work seekers or participants in its service network and all activities of a member in providing an workforce service.
Workseeker
means aperson who seeks or obtains work through the services of a member in a direct or on-hired capacity, whether as an employee, independent contractor, officer or otherwise.
Note 1: Outcomes
Outcomes describe what Members should achieve in order to satisfy the standard of professional conduct required by the RCSA Code.
Note 2: Indicative behaviours & Contra-indications
The outcomes may be supplemented by indicative behaviours and contraindications. The indicative behaviours and contra-indications indicate, but do not constitute an exhaustive list of, the behaviour which may establish the likelihood of achieving the outcomes or indicate that the outcomes have not been met.
Note 3: Alternative means
There may be other ways of achieving the outcomes. If Members have chosen a different method from those which RCSA has described as indicative behaviours, they might have to demonstrate how they have nevertheless achieved the outcome.
Members are encouraged to consider how they can best achieve the outcomes, taking into account the nature of their business, the particular circumstances of their workforce dealings and, crucially, the needs of their particular workseekers and customers.
Note 4: Consistency of usage
Terms defined or ascribed a particular usage by the RCSA Code bear those same meanings and usages in all interpretive and guidance materials, including RCSA’s procedures for implementing the RCSA Code.