Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee takes note of the Government’s observations on the comments made by the National Tertiary Education Industry Union (NTEU).

1. Comments concerning the eviction from trade union premises. The Committee notes that according to the NTEU, the Higher Education Support Act in combination with the Higher Education Workplace Relations Requirements (HEWRRS) gives universities financial incentives to evict NTEU branches from their university accommodation. The Committee notes from the Government’s reply, that it has not encouraged the eviction of union representatives but that universities are not permitted to use federal government funding to subsidize the operations of unions; nevertheless, universities may make office space available at market rates and this is a matter for the university to decide, in accordance with its efficient operation. The Committee recalls that according to Article 2 of the Convention, such facilities in the undertaking shall be afforded to workers’ representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently, account being taken of the characteristics of the industrial relations system of the country and the needs, size and capabilities of the undertaking concerned. Although the Convention does not enumerate specific facilities, the Committee understands that the NTEU had been enjoying the use of premises in various universities. Taking into account the consequences of the eviction of the NTEU from such premises, the Committee invites the Government to engage in dialogue with the organization concerned so as to find a commonly accepted solution and to ensure in any case, including by revising the HEWRRS if necessary, that no obstacles are raised to the respect of collective agreement clauses which provide for the use of premises by trade unions.

2. Comments concerning negotiations with non-unionized workers’ representatives. The Committee examines the question of negotiations with non-unionized workers’ representatives in its observation under Convention No. 98.

The Committee will examine the other questions raised in previous comments (2004 direct request, 75th Session) in 2009, in the framework of the regular reporting cycle.