Apesma has ‘it’ industry covered

Cases

Apesma has ‘it’ industry covered

The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) has coverage over certain employees in the information technology (IT) industry.

WantToReadMore

Get unlimited access to all of our content.

 

The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) has coverage over certain employees in the information technology (IT) industry.

The Full Bench of the Australian Industrial Relations Commission has dismissed an appeal against APESMA that the association did not have coverage of certain employees in the IT industry because they are not involved in the ‘industry of engineering’.

The Commission at first instance decided that "some work in the IT industry could be described as engineering and that some of the employees in the industry (provided they held the relevant qualifications) were eligible to be members of the Association."

The Full Bench decided that "the Commissioner was correct in concluding that the ‘industry of engineering’, for the purposes of the rules of APESMA, may extend to the work of professional engineers in the IT industry."

Further, the Full Bench held that:

"[t]he technological changes of recent decades have altered the character and perception of many traditional occupations, and have given rise to a range of new vocational pursuits. We consider that in this context the term ‘industry of engineering’ in APESMA’s rules should be given a contemporary meaning and that it does extend to cover a variety of work undertaken in the IT industry.

"In so deciding we have had particular regard to the developments which have taken place with engineering disciplines and the tertiary level courses which have been accredited by the Institution of Engineers, Australia."

In conclusion the Full Bench commented:

"There are professional engineers employed in the IT industry and it may be taken that the performance of their work involves the application of their engineering skills even though similar work may also be performed in the industry by persons without formal engineering qualifications. In this regard we note that there are many employees within the industry without such formal qualifications and who perform similar work to those with such qualifications. This is not uncommon in an emerging field of engineering and is understandable given that relevant and specialised tertiary courses of study have only been established in recent years. However, it does not mean that the work performed cannot properly be regarded, for the purposes of APESMA’s rules, as engineering or as within the vocation of the engineer. Although some companies may not employ persons with engineering qualifications to do this work, where such persons are employed and they are required as part of their employment to use their engineering skills, we consider that there is an appropriate basis for finding that they are engaged in work in the ‘industry of engineering’ within the rules of APESMA."

 
Post details