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

The Committee notes the information contained in the Government’s report. In particular, it notes that a major legislative review is now being undertaken in relation to all labour legislation.

In its previous comments, the Committee had asked the Government to inform it of any progress made regarding the adoption of amendments repealing section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act which give the authorities a discretionary power to cancel arbitration awards or declare wage agreements void when they are contrary to government policy or national interest.

The Committee notes that the Government’s report indicates that those sections are intended to be amended by article 32 of the Draft Industrial Relations Bill, 2003, which states: "The minister may, on behalf of the State, appeal as of right against the making of an award or order (including an award or order made by consent) or the certification of an agreement, on the ground that the making of the award or order, or the certification of the agreement, is contrary to public interest."

Noting that article 32 of the Draft Industrial Relations Bill, 2003, is a certain improvement in regard to the issues raised above, the Committee observes that it confers a broad power to the Minister of Labour to assess collective agreements on grounds of public interest. Recalling that legislative provisions will only be compatible with the Convention if they merely stipulate that approval of collective agreements may be refused if the collective agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation (see General Survey on freedom of association and collective bargaining, 1994, paragraph 251), the Committee requests the Government to take measures to ensure that article 32 of the Draft Industrial Relations Bill, 2003, is in conformity with this principle. The Committee hopes that the ILO technical assistance currently in progress will contribute to the resolution of this problem.

Finally, the Committee notes that the Draft Industrial Relations Bill seems to institute a system of compulsory arbitration when conciliation between parties fails. The Committee recalls that, in general, compulsory arbitration should only be possible in the framework of essential services in the strict sense of the term.