Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Administration Convention, 1978 (No. 150) - Australia (Ratification: 1985)

The Committee notes the Government’s report which was received on 23 September 2009.

Articles 1 and 4 of the Convention. Effective operation of a system of labour administration. The Committee takes note of the significant reform of the Australian workplace relations framework which took place since the elections of November 2007 with the adoption of the Workplace Relations Amendment (Transition to Forward with Fairness) Act in 2008 and the Fair Work Act in 2009. The Committee notes that the Fair Work Act establishes a new independent umpire, Fair Work Australia (FWA), to implement and oversee the new workplace relations system which commenced on 1 July 2009. The FWA replaces the Australian Industrial Relations Commission (AIRC), the Australian Industrial Registry (AIR), and the Australian Fair Pay Commission (AFPC) and its Secretariat (AFPCS). The FWA will also assume responsibility for approving enterprise agreements previously undertaken by the Workplace Authority. Alongside the FWA, a labour inspectorate, namely, the Office of the Fair Work Ombudsperson (OFWO), will replace the Workplace Ombudsperson and absorb the education and general advisory functions of the Workplace Authority. The Committee would be grateful if the Government would provide further information in its next report on the impact of the Fair Work Act and the FWA on the effective functioning and coordination of the system of labour administration in the country.

Article 3. Matters in national labour policy regulated by recourse to direct negotiations between employers’ and workers’ organizations. The Committee notes that according to the Government, as a result of the Fair Work Act, collective bargaining at enterprise level will become a keystone of the new workplace relations system. The Committee would be grateful if the Government would indicate in its next report the matters in national labour policy to be regulated primarily through recourse to direct negotiations between employers’ and workers’ organizations.

Article 10. Staff of the labour administration system. The Committee notes from the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), that stability of employment is not granted to the employees of the Australian Public Service (APS) and that their employment can be terminated at any time under section 29 of the Public Service Act 1999. With reference to Article 10(2), according to which the staff of the labour administration system shall have the status, material means and financial resources necessary for the effective performance of their duties, the Committee requests the Government to take measures to this end and to keep the ILO informed of progress made.