Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Australia (Ratification: 1969)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1) of the Convention. Minimum wage system. The Committee notes the adoption and entry into force of the Fair Work Act 2009 (Fair Work Act), which repeals and replaces the Workplace Relations Act 1996. It also notes the establishment of Fair Work Australia, and of the Minimum Wage Panel, which replaces the Fair Pay Commission as the specialist body responsible for annually reviewing and setting minimum wages. The Committee further notes that as from January 2010, minimum wages for the agricultural industry are set out in modern awards that cover particular sectors, and that each modern award includes the minimum wages for each classification of employee covered by the award. In this respect, the Committee notes the Pastoral Award 2010, the Horticulture Award 2010, the Wine Industry Award 2010, the Wool Storage Sampling and Testing Award 2010, the Sugar Industry Award 2010, and the Poultry Processing Award 2010, as well as the Government’s indication that the Horticulture and the Wine Industry Awards contain arrangements for employees to be engaged as pieceworkers as an alternative to receiving a basic rate of pay per hour of work, with rates fixed by agreements between the employer and the employee which must enable the average competent employee to earn at least 15 per cent more per hour than the minimum hourly rate. The Committee requests the Government to provide in future reports information on the implementation of the Fair Work Act and the revision of the various minimum wage-fixing awards in the agricultural sector.

Article 5 and Part V of the report form. Application in practice. The Committee notes the statistical information contained in the Government’s report, in particular the number of employees engaged in the agriculture, forestry and fishing industry as of May 2011, and the results of labour inspection services conducted by the Fair Work Ombudsman in the agriculture, forestry and fishing industry in the 2009–10 financial year, including the number of complaints received, the amounts of money recovered and the number of employees paid. The Committee requests that the Government continue to supply up-to-date information on these matters.

In addition, the Committee requests the Government to refer to the comments made under the Minimum Wage Fixing Convention, 1970 (No. 131).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report, particularly the indication that, as the minimum wage rates for workers employed in agricultural undertakings are fixed in the same way as for wage earners in general, the major reforms introduced by the Work Choices Act, 2005, also apply to the agricultural industry.

While noting that the Work Choices system is only at the early stages of its implementation, the Committee would be grateful if the Government would continue to provide full particulars on the application of the new Commonwealth legislation and the functioning of the new Fair Pay Commission, especially as regards the agricultural sector. It would also appreciate receiving up to date information concerning the practical application of the Convention, for instance, the number of agricultural workers covered by minimum wage legislation, the evolution of minimum pay rates, extracts from any official documents or studies on minimum wages in agriculture, reports of the labour inspections services, etc.

The Committee refers also to the comments made under Convention No. 131.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the detailed information provided in the Government’s report regarding the Commonwealth and State legislation in respect of minimum wage fixing in the agricultural sector. In particular, it notes the enactment of Queensland’s Industrial Relations Act 1999 and its 2001 amendment by which the Queensland Industrial Relations Commission is requested to render at least once a year a general ruling on a Queensland minimum wage for all employees. It also notes the adoption of Western Australia’s Labour Relations Reform Act 2002 by which responsibility for reviewing and adjusting the minimum rate of pay is transferred from the Minister for Labour Relations to the Western Australian Industrial Relations Commission.

While noting the statistical data concerning the minimum rates of pay fixed by industrial awards in the various State jurisdictions, the Committee requests the Government to continue supplying all available information concerning the application of the Convention in practice, including the evolution of minimum wage rates and the criteria taken into consideration in reviewing minimum wage levels, the number of agricultural workers covered by relevant laws and regulations, extracts from official reports and surveys addressing questions related to minimum wage fixing in agriculture and any other particulars bearing on the implementation of the provisions of the Convention.

The Committee refers also to the comments made under Convention No. 131.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report concerning the application of the Convention in New South Wales, Queensland and Western Australia. It hopes that the reports for South Australia and Tasmania will be forwarded on receipt, as indicated by the Government.

The Committee requests the Government to continue to provide, in accordance with Article 5 of the Convention and point V of the report form, general information on the manner in which the Convention is applied in the agricultural sector, including: (i) the minimum wages in force; (ii) the approximate number of workers covered by minimum wage provisions; and (iii) the result of inspections carried out (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.).