The Australian Competition and Consumer Commission has issued a draft determination proposing to authorise the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) to collectively bargain on behalf its translator and interpreter members who operate as independent contractors.
APESMA is a not for profit, member based organisation that represents professionals from a range of disciplines including engineers, scientists, IT professionals, senior managers and executives. Membership to APESMA is voluntary.
The majority of translators and interpreters operating in Australia are engaged through agency arrangements, rather than directly by end users such as government departments and medical and legal institutions. Individual translators and interpreters can therefore find it difficult to enter into a negotiation or bargaining process over the terms and conditions for their services.
The proposed authorisation is for five years and will allow APESMA to collectively negotiate the terms of engagement for translators and interpreters and to provide information and advice about rates of pay and other contract terms.
APESMA members are free to enter into their own arrangements with agencies.
“The collective bargaining arrangement is likely to provide translators, interpreters, end-users and agencies with improved access to information. This will enable more effective input into contractual negotiations, resulting in more efficient outcomes,” ACCC Deputy Chair Dr Michael Schaper stated.
“The ACCC considers that the arrangements are likely to result in minimal public detriment as participation is voluntary and members comprise a small proportion of the industry.”
Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010.
Broadly, the ACCC may grant authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.
The ACCC is now seeking submissions on the draft determination. Further information is available at www.accc.gov.au