Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Australia (Ratification: 1973)

With reference to its previous comments, the Committee notes with satisfaction that section 75 of the Industrial Relations Reform Act (hereinafter, the "Reform Act") of 1993 amends section 189 of the Industrial Relations Act of 1988 bringing the previous requirement of 10,000 minimum membership in employees' and employers' associations for registration in the federal industrial relations system down to 100 members. Furthermore, section 76 of the Reform Act repeals section 193 and 193A of the IRA which previously required a Presidential member of the Australian Industrial Relations Commission to review the continued registration of organizations having fewer than 1,000 (stage 1 review) and 10,000 employees (stage 2 review).

Furthermore, the Committee notes with satisfaction that a number of provisions of the Reform Act respond to concerns raised by the Committee in previous comments with respect to the right to strike. In particular, the Reform Act repeals the ban on officers from engaging in strikes which interfered with public services or utilities (section 53) and provides greater protection of workers against dismissal for engaging in or proposing to engage in industrial action (section 80).

The Committee is raising a number of other points in a request addressed directly to the Government.