Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Labour Inspection Convention, 1947 (No. 81) - Australia (Ratification: 1975)

The Committee notes the detailed Government’s report as well as the annual inspection reports. It requests the Government to provide further information on the points raised below:

Article 6 of the Convention.  (i) Federal Government.  The Committee notes the Government’s indication that inspectors appointed under subsection 84(2)(a) of the Workplace Relations Act 1996 are officials employed under the Public Service Act 1922, and therefore they have public sector conditions of service, stability of employment and security of tenure. The Committee notes in this connection the provisions of subsection 84(2)(b) of the above Act, which refers to the inspectors appointed for such period as is specified in the instrument of appointment. Noting that the Government’s report contained no information on the status and conditions of service of the inspectors appointed under the provision of this subsection 84(2)(b), the Committee requests the Government to provide detailed information in this regard as well as to indicate whether these inspectors are assured of stability of employment.

(ii) New South Wales.  The Committee notes that some of the labour industrial inspectors are employed on a contract basis (such as, Senior Executive Service contract) and their status, salaries and conditions of service are determined by the Statutory and Other Officers Remuneration Tribunal. With regard to the status and conditions of service of these inspectors, the Committee hopes that the Government will supply detailed information and indicate whether the stability of employment is assured for them.

(iii) Queensland.  The Committee notes the Government’s indication that, as a part of the restructuring of the Mines Inspectorate in 1996, the inspectors have been employed under five‑year contracts which is in contrast to their previously tenured position. The Committee hopes that the Government will supply detailed information on the status and conditions of service of mine inspectors and indicate whether they are assured of stability of employment as prescribed by the Convention.

Articles 13(2) and 14.  The Committee notes the information in the Government’s report concerning the State of Western Australia that labour inspectors responsible for the inspection of defects which may constitute a threat to the health or safety of workers, are engaged by WorkSafe Western Australia. Noting that Government’s report contained no further information regarding powers of inspectors (Article 13(2)) and on notification of cases of occupational disease (Article 14), the Committee requests the Government to provide detailed information in this regard.