Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Papua New Guinea (Ratification: 1976)

The Committee notes the developments with regard to the adoption of the Industrial Relations Bill communicated by the Government, and in particular, the Committee takes note that, according to the Government’s report, the Sixth Draft Industrial Relations Bill had gone through several deliberations, revisions and amendments resulting in a final version finalized in November 2011. The Committee notes that the Industrial Relations Bill 2011 had been already endorsed by the National Tripartite Consultative Council in the Ministry of Labour and Industrial Relations and submitted to the Central Agency Consultative Council, being currently awaiting deliberations and preparation of a Ministerial Advice to be attached before it is presented to the National Executive Council, and eventually into Parliament. The Committee notes the Government’s commitment to provide the Committee with a copy of the Act once it has been adopted. The Committee requests the Government to ensure the conformity of the Industrial Relations Bill 2011 with the provisions of the Convention and, in particular, with respect to the provisions in relation to Article 4 and the concerns mentioned below.

The Committee takes note of the comments regarding the lack of enforcement of the law in practice in respect with discrimination acts against workers seeking to form or join a union, provided by the International Trade Union Confederation (ITUC) in a communication dated 31 August 2011. The Committee requests the Government to reply to the comments made by the ITUC in its next report.

Article 4. Promotion of collective bargaining. The Committee notes that, according to the Government’s report, the amendments requested by the Committee concerning the power of the Minister to assess collective agreements on grounds of public interest and compulsory arbitration when conciliation fails have not been introduced in the Industrial Relations Bill; the Committee’s comments were sent to the author of the Bill, however feedback has not yet been received. Therefore the Committee has to mostly reproduce its previous observation with regard to the abovementioned points.

Power of the Minister to assess collective agreements on the ground of public interest. The Committee recalls that the approval of collective agreements may only be refused if the collective agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation (General Survey of 1994 on freedom of association and collective bargaining, paragraph 251), but may not be refused for general reasons of public interests. The Committee once again requests the Government to take the necessary measures to bring section 50 of the Industrial Relations Bill 2011 in conformity with the abovementioned principle, and to provide information thereon in its next report.

Compulsory arbitration in cases where the conciliation between the parties has failed. The Committee recalls that compulsory arbitration is only acceptable if it is requested by both parties involved in a dispute, or in the case of disputes in the public service only when it involves public servants exercising authority in the name of the State or in essential services in the strict sense of the term, namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee once again requests the Government to take the necessary measures to bring sections 78 and 79 of the Industrial Relations Bill 2011 into conformity with the abovementioned principle, and to provide information thereon in its next report.