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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Australia (Ratification: 1973)

Other comments on C087

Observation

Direct Request

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Statistical data. The Committee previously indicated that the substantive labour reform might reverse the continuing decline of trade union membership and requested that the Government continue to provide information on this matter. The Committee notes that the Government provides no new statistical data in this respect and trusts that the Government will be in a position to provide statistics in that regard with its next report.

The Workplace Relations Act, 1996. The Committee recalls that previous comments concerned the need to amend sections 798 and 807 of the Workplace Relations Act on the issue of disciplining members, so as to avoid any interference that would restrict the right of workers’ organizations to freely draw up their constitutions and rules. The Committee had noted that item 7(d) of subsection 342(1) and section 539 contained in the general protections and compliance provisions of the Fair Work Act were broadly equivalent to former sections 798 and 807 of the repealed Workplace Relations Act. The Committee had requested the Government to provide information on the application of these provisions in practice. The Committee notes that the Government is not aware of any matters that have been brought before either Fair Work Australia or the Federal Court considering the application of this provision. The Committee requests the Government to keep it informed of any application of these provisions in practice.

State jurisdictions. New South Wales. The Committee recalls that previous comments concerned the need to amend section 226(c) of the Industrial Relations Act, 1996, which provides that the registration of an organization may be cancelled where it or its members engage in industrial action having a major and substantially adverse effect on the provision of any public service. The Committee notes that the Government indicates that no registered industrial organization has had its registration cancelled on the grounds set out in section 226(c). The Committee once again requests the Government to provide information on any measures taken or contemplated with a view to ensuring that any prohibition of the right to strike and related penalties are limited to essential services in the strict sense of the term and to public servants exercising authority in the name of the State.

Western Australia. In several previous comments, the Committee had raised the need to amend provisions that stipulate that workers’ membership in a trade union ends if their subscriptions are not paid and requested the Government to indicate any measures taken or contemplated so as to leave the issues of membership and subscriptions to the rules of the organizations concerned. The Committee had previously noted that an independent review of the Western Australian industrial system, including the Industrial Relations Act, was under way. The Committee notes that the Government indicates that Western Australia is in the process of considering its proposed changes to the State industrial relations system and that there are no plans to amend provisions concerning trade union membership. The Committee requests once again the Government to take measures to ensure that provisions relating to trade union membership and subscriptions are removed from the law and regulated by the internal rules of the organizations concerned.