ILO rules the BCII Act breaches minimum freedoms for workers
ILO (2005) Council Report from the Freedom of Association Committee http://www.ilo.org/public/english/standards/relm/gb/docs/gb294/pdf/gb-7-1.pdf paragraphs 409-457
The ILO Governing Body endorsed recommendations from its Committee on Freedom of Association asking the Howard Government to amend the laws. ACTU president Sharan Burrow, who is a member of the ILO Governing Body, welcomed the decision as a vindication of union objections.
The ILO Report’s detailed findings requested the Government take action:
- to modify sections so as to ensure that any reference to “unlawful industrial action” in the building and construction industry is in conformity with freedom of association principles;
- to take measures to adjust sections so as to eliminate any excessive impediments, penalties and sanctions against industrial action in the building and construction industry;
- that the determination of the bargaining level is left to the discretion of the parties and is not imposed by law, by decision of the administrative authority or the case law of the administrative labour authority;
- to promoting collective bargaining as provided in Convention No. 98, ratified by Australia. In particular… to amend the provisions of the Building Code and the Guidelines so as to ensure that they are in conformity with freedom of association principles. …to ensure that there are no financial penalties, or incentives linked to provisions that contain undue restrictions of freedom of association and collective bargaining;
- to introduce sufficient safeguards so as to ensure that the functioning of the ABC Commissioner and inspectors does not lead to interference in the internal affairs of trade unions and, in particular, requests the Government to introduce provisions on the possibility of lodging an appeal before the courts against the ABCC’s notices prior to the handing over of documents. As for the penalty of six months’ imprisonment for failure to comply with a notice by the ABCC to produce documents or give information, the Committee recalls that penalties should be proportional to the gravity of the offence and requests the Government to consider amending this provision.
See also ICTUR (2003, 2004, 2005) International Committee on Trade Union Rights. Submissions to Senate Inquiries http:// parlinofoweb.aph.gov.au.
