Dock Work Convention, 1973 (No. 137) - Australia (Ratification: 1974)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2023, published 112nd ILC session (2024)

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 2017, published 107th ILC session (2018)

Articles 2 and 5 of the Convention. Measures to encourage permanent or regular employment. Improving efficiency of work in ports. The Committee notes the Government’s indication that the Commonwealth legislative framework implementing the Convention remains unchanged. The Committee notes that the Government’s report does not fully reply to the Committee’s previous request, nor does it reply to the previous observations of the Australian Council of Trade Unions (ACTU) in which it raised concerns that collective bargaining has proven insufficient to ensure compliance with Article 2 of the Convention, as there continues to be a high level of casual employment in dock work. The Committee therefore reiterates its request that the Government communicate information on the results of the measures taken, including through collective bargaining, to encourage the provision of permanent or regular employment for dockworkers (Article 2(1)). The Committee also requests the Government to communicate information on the measures taken and the results achieved at the tripartite level to improve the efficiency of work in ports (Article 5).

Article 6. Safety, health, welfare and vocational training. The Committee notes the Government’s indication that, in 2016, Safe Work Australia developed a Code of Practice on Managing Risks in Stevedoring to provide practical guidance for business owners on how to manage health and safety risks associated with stevedoring. The Government adds that vocational training for stevedoring was updated, including in the area of occupational health and safety, in compliance with the model Work Health and Safety Act 2011. In this context, the Committee recalls paragraph 169 of its 2002 General Survey on Dock Work, according to which the reference instruments for occupational safety and health policy are the most recent Conventions concerning this specific topic. The Committee therefore draws the Government’s attention to the invitation made by the Governing Body to member States to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), and its corresponding Occupational Safety and Health (Dock Work) Recommendation, 1979 (No. 160). The Committee requests the Government to continue to provide particulars of the safety, health, welfare and vocational training provisions which apply to dockworkers.

Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in the country, including for instance, extracts from reports of the authority or authorities entrusted with the application of the legislation and regulations, as well as particulars of the numbers of dockworkers on the registers maintained in accordance with Article 3 and of variations in their numbers during the period covered by the report.

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

Articles 2 and 5 of the Convention. Measures to encourage permanent or regular employment. Efficiency of work in ports. The Committee notes the information provided by the Government in reply to the 2012 direct request and to the issues raised by the Australian Council of Trade Unions (ACTU) on the application of the Convention. It also notes the observations made by the ACTU in September 2014, reiterating the concerns which had been noted by the Committee. The Government indicates that Australia’s compliance with Articles 2 and 5 of the Convention is achieved through the Fair Work Act. Under the Act employment arrangements in the stevedoring industry continue to be negotiated at the enterprise level, underpinned by the minimum conditions in the National Employment Standards and modern awards. The relevant modern award for waterside workers (stevedores) is the Stevedoring Industry Award 2010 which covers all stevedores. The Government indicates that the 2010 Award ensures Australia’s compliance with Article 2 of the Convention as it provides for full time employment, guaranteed-wage employment and casual employment. It reiterates that a guaranteed-wage employee is guaranteed a minimum number or an average number of full shifts each week, or instead of that engagement, is provided the equivalent payment. The Government adds that stevedores have the same rights as other employees to participate in collective bargaining. Specifically, the Fair Work Act sets out a framework that facilitates the making of enterprise agreements through collective bargaining. Good-faith bargaining obligations for bargaining representatives are also applied to the agreement making process. These arrangements allow for cooperation between employers, workers and their respective organizations to facilitate improving the efficiency of work in ports. The Committee recalls the observations of the ACTU indicating that collective bargaining has proven insufficient to ensure compliance with the objective of Article 2 of the Convention. The ACTU added that despite the best endeavours of unions in bargaining negotiations, there continues to be a high level of casual employment. With respect to Article 6 of the Convention, the Government reports that it oversees the quality assurance of the vocational education and training (VET) sector through its national regulator, the Australian Skills Quality Authority (ASQA). Australia’s VET system underwent a national quality framework review in 2012 and, as a result of this review, new standards for training packages, developed by the National Skills Standards Council, were endorsed by state and federal ministers in Australia. In the case of the stevedoring industry, the Transport and Logistics Industry Skills Council (TLISC) will be responsible for the design and delivery of the training packages. The ASQA will be responsible for the regulation of these training packages. The Government indicates that it is expected that all industry training packages will comply with the new standards for training packages by 31 December 2015 and will be reviewed soon after. The Government further indicates that it is not possible to supply data on the numbers of different categories of stevedoring workers as Australia has moved away from industry-based employment to enterprise-based employment. The Committee invites the Government to submit information on the results of the measures taken, including through collective bargaining, to encourage the provision of permanent or regular employment for dockworkers (Article 2(1)). The Committee would also welcome examining examples of measures taken and results achieved at the tripartite level to improve the efficiency of work in ports (Article 5).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2, 5 and 6 of the Convention. Measures to encourage permanent or regular employment. Efficiency of work in ports. The Committee notes the information provided by the Government and comments provided by the Australian Council of Trade Unions (ACTU) in September 2012 on the application of the Convention. The Government reports on the Stevedoring Industry Award 2010 which provides for full-time employment, guaranteed wage employment and casual employment. A guaranteed wage employee is guaranteed a minimum number or an average number of full shifts each week, or instead of the engagement, is provided the equivalent payment. In response to the 2007 direct request, the Government indicates that in late 2012 the Maritime Workforce Development Forum was established, which comprises representatives from across the maritime sector, including employers and unions. The Government reports that the Forum has two key priorities in the short term: to develop a national aggregated data set on seafarers, both onshore and offshore; and to develop the national maritime workforce strategy. The Forum has been established for a period of five years with a review of its effectiveness within two years of its establishment. The Committee notes the comments of the ACTU indicating that collective bargaining has proven insufficient to ensure compliance with the objective of Article 2 of the Convention. It adds that despite the best endeavours of unions in bargaining negotiations, there continues to be a high level of casual employment. Furthermore, the ACTU believes that there is a lack of national policy or process to achieve cooperation between employers and unions to improve efficiency of work in ports (Article 5). The ACTU is also concerned that the Government has failed to oversee quality assurance of vocational education and training in the Australian stevedoring industry (Article 6). The Committee invites the Government to provide information with respect to the issues raised by the ACTU. It also invites the Government to provide data on the numbers of different categories of stevedoring workers – permanent employees, guaranteed wage employees, supplementary employees – and on any measures taken at the tripartite level in improving the efficiency of work in ports (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2014.]

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

The Committee notes the detailed information provided by the Government in the report received in August 2007 in relation to its 2002 direct request. It again asks the Government to provide relevant updated information on the measures taken to ensure that appropriate safety, health, welfare and vocational training provisions apply to dockworkers (Article 6 of the Convention) including updated information on the legislative measures concerning the application of the Convention. Please also supply data on the numbers of different categories of stevedoring workers – permanent employees, guaranteed wage employees, supplementary employees – and on any measures taken at the tripartite level in improving the efficiency of work in ports (Part V of the report form).

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

The Committee notes the Government’s report and the information sent in reply to its previous direct request on the effect given to Articles 2, 3 and 4 of the Convention. The Committee notes that, according to the information supplied by the Government, most stevedoring employees are ongoing employees, but that the major stevedores also employ casual employees and guaranteed wage employees. Whilst the guaranteed wage employees are specific to the stevedoring sector and are provided with minimum regular payments conditional upon making themselves available for a certain number of allocated shifts, neither they nor the casual employees have guarantees of minimum periods of employment or minimum income. The Committee asks the Government to include with its next report the text of awards laying down recruitment and working conditions for these two categories of stevedores.

Part V of the report form. The Committee asks the Government in its next report to provide information on the practical application of the Convention. It would appreciate in particular any available information on the numbers of each of the abovementioned categories (ongoing employees, casual employees and guaranteed wage employees), on changes in these numbers and on any measures taken to prevent or minimize detrimental effects of any changes. Please also continue to provide information on the activities of the Maritime Industry Finance Company Ltd. (MIFCo).

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

The Committee notes the Government's report for the period up to June 1997 and requests it to provide additional information on the following points:

Article 2, paragraph 2, of the Convention. Recalling that the purpose of this Article is, as far as possible, to assure for dockworkers permanent or regular employment and, in any case, minimum periods of employment or a minimum income, in a manner and to an extent depending on the economic and social situation of the country and port concerned, the Committee requests the Government to provide detailed information on conditions of employment for dockworkers recruited on a casual basis and specifically on any means deployed to assure workers in this category minimum periods of employment or a minimum income, in accordance with this provision.

Articles 3 and 4. Noting the Government's reply with regard to these Articles of the Convention, the Committee requests it to describe in detail the measures envisaged for preventing or minimizing the detrimental effects on dockworkers of any necessary reductions in the strength of a register. The Government is also asked to indicate the criteria and procedures laid down for the implementation of these measures, as requested in the report form for Article 4, paragraph 2, of the Convention.