Direct Request (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.

State jurisdictions

New South Wales. The Committee notes the Industrial Relations Commission’s decision in the Graham Davis case, in relation with the issue raised by the Committee in its previous request concerning the protection of workers from discrimination for trade union activities.

Queensland. The Committee notes the information provided by the Government in reply to its previous request concerning the number of employees covered by Queensland Workplace Agreements, and the criteria to be used by the Industrial Relations Commission in applying the "public interest" test under section 203 of the 1999 Industrial Relations Act.

South Australia. The Committee had requested the Government to indicate whether and to what extent collective bargaining can and does take place at levels other than the enterprise level. The Government indicates that while collective bargaining occurs at enterprise level, there is also a comprehensive system of industry-based awards which set wages and work conditions; these awards are negotiated collectively by employer and employee representatives under the direction of the independent Industrial Relations Commission of South Australia.

The Committee notes this information and requests the Government to indicate the percentages of workers covered, respectively, by enterprise agreements and awards.

Tasmania. The Committee notes the provisions of the 1998 Anti Discrimination Act, which protect workers against discrimination based on participation in trade union activities.