Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the information provided in the Government’s report. It further notes the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 31 August 2005 with regard to restrictions on the right to strike and the comments made by the Australian Council of Trade Unions (ACTU) in a communication dated 2 September 2005 with regard to proposed legislative reforms concerning the redistribution of jurisdiction over workplace relations issues between the federal and state levels. The Committee requests the Government to provide its observations on these comments.

The Committee also take note of the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2326 (338th Report, paragraphs 409-457) concerning several discrepancies between the Building and Construction Industry Improvement Act, 2005, and the Convention. The Committee requests the Government to indicate in its next report the measures taken or contemplated so as to bring this Act into conformity with the Convention.

Federal jurisdiction

The Committee recalls that its previous comments concerned the conformity of several legislative provisions, including of the Workplace Relations Act, 1996 (WR Act), to the Convention. Noting that the WR Act applies also to the State of Victoria, the Northern Territory and the Australian Capital Territory, the Committee’s comments on the WR Act, as set out below, are also relevant with respect to these jurisdictions.

In particular, in its previous comments the Committee had raised the need to amend several provisions which prohibit: (i) industrial action in support of multi-employer agreements (section 170MN of the WR Act); (ii) industrial action threatening to cause significant damage to the economy (section 170MW of the WR Act); (iii) secondary boycotts (section 45D of the WR Act); (iv) industrial action threatening trade or commerce with other countries or among states (section 30J of the Crimes Act, 1914); (v) boycotts resulting in the obstruction or hindrance of the performance of services by the Australian Government or the transport of goods or persons in international trade (section 30K of the Crimes Act, 1914); (vi) action in support of a claim for strike pay (section 187AA of the WR Act).

The Committee, noting with regret that the Government reiterates previously provided information and remains of the view that there is no need to amend the above provisions, can only reiterate its hope that the Government will take measures to amend the above provisions so as to bring them into full conformity with the Convention, and requests the Government to indicate in its next report any measures taken or contemplated in this respect.

The Committee understands that legislative amendments are under way and trusts that the Government will take all of the above into consideration in this framework.

State jurisdictions

1. Queensland. In its previous comments, the Committee had requested the Government to amend section 638 of the Industrial Relations Act, 1999, which provided that an organization may be deregistered if its members are engaged in industrial action that prevents or interferes with trade or commerce.

The Committee notes with satisfaction from the Government’s report that the Queensland Government has amended section 638 by removing subsection (b) which provided that the full bench may order the deregistration of an organization on the grounds that the organization or its members were engaging in industrial action that had prevented or interfered with trade or commerce.

2. South Australia. In its previous comments, the Committee requested the Government to keep it informed of any progress made in amending section 222 of the Industrial and Employees Relations Act, 1994 (secondary boycott provisions). The Committee notes that the Government’s report does not contain any information in this respect. It once again requests the Government to indicate in its next report any progress made in amending section 222 of the Industrial and Employees Relations Act, 1994 (secondary boycott provisions).