Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Workers' Representatives Convention, 1971 (No. 135) - Australia (Ratification: 1993)

The Committee notes the Government’s report and in particular the information concerning the Government of Tasmania and South Australia. It further notes that no information has been provided regarding the application of the Convention in the State of Victoria and notes the Government’s intention to forward this information.

Federal jurisdiction

The Committee requests the Government to keep it informed of the status of the Workplace Relations Amendment (Fair Dismissals) Bill 2002 (which was laid aside on June 2002) and to transmit a copy if it is adopted.

South Australia

The Committee notes that a review of the Industrial and Employee Relations Act, 1994, taking into consideration ILO Conventions is to be completed by the end of 2002. The Committee requests the Government to keep it informed on developments and recalls in this respect that the Convention is completed by the Workers’ Representatives Recommendation, 1971 (No. 143).

Other questions

The Committee recalls that under Article 5 of the Convention"where there exist in the same undertaking trade union representatives and elected representatives, appropriate measures shall be taken, wherever necessary, to ensure that the existence of the elected representatives is not used to undermine the position of the trade union concerned or their representatives". The Committee requests the Government to supply information on the legislation, arbitration awards and court decisions which guarantee the application of Article 5 in the federal jurisdiction, in the capital and in the states’ and territories’ jurisdiction.