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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In its previous comment, the Committee requested the Government to reply to the observations by the Australian Council of Trade Unions (ACTU) that the Fair Work Amendment Bill 2014 would restrict access to the workplace and limit the capacity of trade union representatives to effectively represent workers. The Committee notes the Government’s indication that the Fair Work Amendment Bill passed both Houses of Parliament and received royal assent in November 2015 and does not include amendments to the right of entry framework. Other matters related to the Fair Work Act and the legislation and code concerning the building and construction industry are being considered under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

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

The Committee notes the observations on the application of the Convention submitted by the Australian Council of Trade Unions (ACTU) received on 1 September 2014 and in particular the allegation that the Fair Work Amendment Bill 2014 would restrict access to the workplace and limit the capacity of trade union representatives to effectively represent workers. It further notes the ACTU’s indication that the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 also curtails the capacity of unions to secure facilities through enterprise bargaining by prohibiting the inclusion of certain terms in agreements such as terms that provide for designated union meeting areas or provide unions with additional entry rights to those contained in the Fair Work Act. The Committee requests the Government to provide its comments thereon.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the comments of the Australian Council of Trade Unions (ACTU) dated 31 August 2009, on the application of the Convention.

The Committee previously invited the Government to engage in dialogue with the National Tertiary Education Industry Union (NTEU) concerning its use of premises at various universities so as to find a commonly accepted solution and to ensure in any case, including by revising the Higher Education Workplace Relations Requirements (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. The Committee notes with interest the Government’s indication that the HEWRRS were abolished by the current Australian Government with the passage of the Higher Education Support Amendment Act 2008, which now subjects all education providers to the same workplace relations laws as all other employers.

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

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report.

Federal jurisdiction

The Committee notes that after two draft bills on fair dismissals were laid aside due to disagreement between the Senate and the House in 2002 and 2003, a third Bill, the Workplace Relations Amendment (Fair Dismissal) Bill 2004 was introduced into the Senate on 30 August 2004; this Bill (just like the other two) seeks to protect small businesses from the costs and administrative burden of unfair dismissal claims by exempting small businesses with fewer than 20 employees from the unfair dismissal provisions in the Workplace Relations Act. The Committee recalls that Article 1 of the Convention requires effective protection for workers’ representatives in the undertaking against any prejudicial act without making any exception based on the size of the undertaking. The Committee requests the Government to indicate the provisions in the Workplace Relations Amendment (Fair Dismissal) Bill 2004 which ensure that workers’ representatives, in small undertakings, shall continue to enjoy effective protection against acts of anti-union discrimination including dismissal.

The Committee notes that the Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Act 2003 (No. 20 of 2003) amended the Workplace Relations Act to prevent collective agreements from containing provisions which require the payment of bargaining service fees to a trade union which is a party to the agreement and prohibits conduct designed to force the payment of such fees. Recalling that Article 2 requires that facilities in the undertaking are afforded to workers’ representatives in order to enable them to carry out their functions promptly and efficiently, the Committee considers that the parties to collective bargaining should be allowed to determine freely the issue of bargaining service fees. The Committee further refers the Government to its comments on this point made in a direct request under Convention No. 98.

South Australia. The Committee notes that the South Australian Government recently released the Industrial Law Reform (Fair Work) Bill 2004 to amend the Industrial and Employees Relations Act 1994; the Government is currently considering comments by key stakeholders before the Bill’s introduction to Parliament. The Committee also notes that the Bill makes reference to the Convention. The Committee requests the Government to keep it informed of the status of the Bill and to indicate in its next report the effect of the Bill’s provisions, if adopted, for the implementation of the Convention.

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

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.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided in the Government's report. The Committee further notes that no information has been provided regarding the application of the Convention in the State of Tasmania and that it has not yet received the report regarding the State of South Australia, and requests the Government to forward this information.

Articles 1, 2 and 5 of the Convention. The Committee refers to its comments under Convention No. 98.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its first report on the application of the Convention. The Committee is awaiting the arrival of the information announced by the Government on the application of the Convention in Western Australia, South Australia and Tasmania.