Fair Work in the international spotlight: the CEPU complaint to the ILO's Committee on Freedom of Association

Abstract

Compliance by the federal industrial relations system with international labour standards concerning freedom of association was a source of difficulty for the former Coalition Government throughout its 11 year term in office. The Workplace Relations Act 1996 (Cth) (WR Act) was routinely criticised by supervisory bodies of the International Labour Organisation (ILO), particularly with respect to provisions which were said to encourage individualisation over collective bargaining and limitations concerning the right to strike. Interactions between ILO supervisory bodies and the Coalition Government were unhelpful in resolving these difficulties. The Fair Work Act 2009 (Cth) (FW Act) came into full operation on 1 January 2010. Developed by an Australian Labor Party (ALP) Government in consultation with a wide variety of social partners, the new Act presented an opportunity to implement a federal industrial relations model that operated in compliance with international labour standards concerning freedom of association. However, while some areas of ILO concern have been alleviated, recent reports by ILO supervisory bodies indicate that areas of difficulty with compliance remain and that new areas of non-compliance may have developed. This report will consider these issues through an examination of the June 2010 report of the ILO Governing Body’s Committee on Freedom of Association (CFA) made in response to a complaint by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).