Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Australia (Ratification: 1973)

The Committee takes note of the Government’s report, and of the references to the various jurisdictions’ legislation, as requested in previous comments.

Federal jurisdiction

The Committee notes that the Commonwealth’s report will be forwarded to the ILO as soon as possible after the installation of the new Government, following the general election of 10 November 2001, and that the governments of Victoria and the Australian Capital Territory have not provided their comments.

The Committee requests once again the Government to provide the reports of these jurisdictions, which it will examine along with the Commonwealth’s report once it is received, inasmuch as the same legislation is applicable.

State jurisdictions

Western Australia. The Committee had requested the Government to review and amend its legislation in order to ensure conformity with the Convention as regards protection against anti-union discrimination and promotion of collective bargaining. The Government indicates that the new Western Australian government, elected in February 2001 with a substantial mandate for industrial relations reform, will ensure compliance with the Convention through a series of measures, including: the repeal of the 1993 Workplace Agreements Act; a clear and effective preference for collective bargaining over a modified version of individual bargaining; the creation of a more balanced system between employers and employees, including the repeal of restrictions on unions’ access to workplaces; the introduction of a good faith bargaining principle; and a strengthened role for the Western Australian Relations Commission. The Government adds information on the characteristics of the future Employer Employee Agreement (EEA), which distinguish them from the current Workplace Agreement (WPA) system.

The Committee notes this information with interest and requests the Government to transmit a copy of the Act once adopted, and to provide information on its application in practice.

The Committee is also addressing a direct request to the Government concerning the federal jurisdiction, as well as the Australian Capital Territory, New South Wales, Queensland, South Australia, Tasmania and Victoria.