Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Minimum Wage Fixing Convention, 1970 (No. 131) - Australia (Ratification: 1973)

The Committee notes the detailed information provided by the Government in reply to its previous comments.

The Committee notes that the Workplace Relations Act, 1996, has replaced the Industrial Relations Act, 1988, with the objective to foster a more direct relationship between employers and employees and thereby reduce the need for uninvited third-party intervention. As concerns the methods for minimum wage fixing, the main features of this Act are as follows: (i) maintaining the award system to provide a safety net of fair minimum wages and conditions which is able to be adjusted over time having regard to the needs of the low paid and other criteria specified in the Act; (ii) ensuring that awards are focused only on minima. Actual wages and conditions should be determined as far as possible by agreement between employers and employees at the workplace or enterprise level; (iii) providing for effective choice and flexibility in reaching both collective and individual agreements to determine wages above the award minimum; (iv) confining the Australian Industrial Relations Commission's arbitral role, so as to avoid inappropriate interaction between agreements and awards and the associated risk of wage instability.

The Committee also notes that the Workplace Relations Act, 1997, that has been enacted in Queensland, is based, inter alia, on a simplified but effective award safety net so that those who choose to remain on the award system will have the benefit of enforceable minimum wages and employment conditions.

Moreover, the Committee notes that, in South Australia, the South Australian Relations Commission is empowered to fix minimum rates of wages through the issuing of awards which relate to industries and occupational classifications of workers. If there is no applicable award and award classification, the minimum rate of remuneration is a rate fixed by the Full Commission.

The Committee requests the Government to continue to provide, in accordance with point V of the report form, general information on the manner in which the Convention is applied in the country, with a particular focus on the application of the award safety net and all groups of workers as yet unprotected and whose coverage would be appropriate under the terms of the Convention.