ILO condemns Australia on labour laws
The federal government has again come under international scrutiny and criticism, this time for its record on labour rights. The International Labor Organisation (ILO) has condemned the Workplace Relations Act and aspects of the Trade Practices Act as anti-union.
The Maritime Union of Australia, the ACTU, International Confederation of Free Trade Unions and International Transport Workers Federation made a complaint to the ILO in 1998 over the Howard government's handling of the waterfront dispute, claiming it had discriminated against unions, violated collective bargaining procedures and interfered in unions' rights to be affiliated to international federations.
The ILO will "ask" the government to amend the Workplace Relations Act, having "noted with concern" that restrictions on interference with trade and commerce could impede legitimate strike action. It will also seek amendments to prevent individual contracts from undermining the right to collectively bargain.
The ILO will further ask the government to take measures, such as amending the Trade Practices Act, to ensure that workers can take sympathy action in support of legal strikes.
These criticisms are almost identical to those raised by unionists when the Workplace Relations Act was being drafted and in submissions to the Senate inquiry into it.
The ILO, founded by the Treaty of Versailles in 1919, formulates conventions that establish minimum labour rights standards such as freedom of association and the right to organise, freedom in collective bargaining, equality of opportunity and safety conditions at work.
However, the ILO has no power to enforce its conventions; the most it can do is ask a government to "report its progress". In the event that a government receives notification that it is in breach of any convention, it has up to 18 months to report back on what it may be doing to amend the practice.
ACTU secretary Greg Combet has called on the government to act to bring Australia's industrial laws into line with international standards.
Given the federal Coalition's record on following international conventions, however, it will require much more from Australian unions to force government compliance, including the ACTU and major unions showing some leadership through initiating united cross-union action.
BY MELANIE SJOBERG