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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 4 of the Convention. Effective operation of a system of labour administration. The Committee notes the Government’s statement that the Department of Employment, the Fair Work Ombudsman and the Fair Work Commission each have a role in the administration of the national workplace relations system. The Department of Employment was created in 2013 (out of the former Department of Education, Employment and Workplace Relations) and is responsible for the development, advocacy and implementation of workplace relations policy. The Fair Work Commission is the national workplace relations tribunal established under the Fair Work Act of 2009. The Fair Work Ombudsman is an independent office also established under the Fair Work Act, which enforces compliance with the workplace laws, awards and registered agreements, including through the work of Fair Work Inspectors. In addition, the Government indicates that, in 2012, a new agency, the Office of the Fair Work Building Industry Inspectorate, was created. In this regard, the Committee refers to its comments made in 2012 under the Labour Inspection Convention, 1947 (No. 81). The Committee asks the Government to provide detailed information on how coordination is ensured between the Department of Employment, the Fair Work Ombudsman and the Fair Work Commission, to ensure the effective operation of the labour administration system. It also asks the Government to provide information on concrete measures taken to ensure cooperation between the Fair Work Ombudsman and the Office of the Fair Work Building Industry Inspectorate. Lastly, the Committee asks the Government to supply information on the steps taken to ensure effective coordination between the functions and responsibilities of the authorities of the national labour administration system and those at the state and territory level.

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

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.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its most recent reports as well as other information available at the Government’s Internet site as indicated in the Government’s report. It requests the Government to provide further information on the points raised below.

Articles 1, 6, 9 and 10.  The Committee notes that, according to the available information through the Government’s Internet site, the Commonwealth Department of Employment, Workplace Relations and Small Business was created on 21 October 1998 with a view to supporting strong employment growth and the improved productive performance of business, and to contributing to the achievement of, among others, an efficient and equitable labour market as well as fair and flexible workplace relations. The Committee requests the Government in this regard to provide detailed information on: (i) the organization and the functioning of the system of labour administration at the federal level (Article 1); (ii) changes in the functions and main activities of labour administration (Article 6); (iii) the arrangements made to ensure effective coordination and supervision of the work of labour administration bodies at all levels (Article 9); and (iv) on any changes in the in the labour administration staff (Article 10).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the information supplied by the Government in answer to its comments concerning the application of Article 6 in South Australia.

Article 5 of the Convention. With reference to its previous direct request concerning the arrangements made in the Australian Capital Territory (ACT) and the Northern Territory to ensure tripartite consultation, co-operation and negotiation, the Committee notes from the Government's report that the ACT Government is in the process of establishing an Industrial Relations Advisory Council which will look at industrially related legislation before it goes to the ACT Assembly. The Committee requests the Government to provide information on any progress achieved in the application of the provision of this Article in the Australian Capital Territory and in the Northern Territory.

Article 7. The Committee has noted the information supplied by the Government in reply to its comments and expresses the hope that the next report will contain indications on measures taken in order to promote the extension of the functions of the labour administration to persons mentioned in this Article in the Northern Territory, Queensland and Tasmania.