Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously requested the Government to reply to the 2011 International Trade Union Confederation (ITUC) observations alleging lack of law enforcement in practice in respect of discriminatory acts against workers seeking to form or join a trade union. While noting the Government’s indication that the current Industrial Organisations Act provides for the free exercise of the right to form and join trade unions and bargain collectively, the Committee recalls that legal provisions prohibiting acts of anti-union discrimination are not sufficient if they are not accompanied by effective and rapid procedures to ensure their application in practice. The Committee, therefore, requests the Government to provide information on the measures taken to ensure effective implementation of the prohibition of anti-union discrimination in practice, including information on the functioning of labour inspection and access to judicial remedies. It further requests the Government to provide statistics as to the number of anti-union discrimination complaints brought before the competent authorities, their follow-up and sanctions and remedies imposed.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to ensure the conformity of the Industrial Relations Bill, 2011, with the provisions of the Convention and in particular with respect to Article 4. The Committee notes the Government’s indication that the Bill had been further revised and that the new Industrial Relations Bill, 2014, is undergoing a vetting process at the Government Executive Committee and the Central Agency and Consultative Council to harmonize it with other relevant legislation. According to the Government, the revised Bill should be presented to Cabinet before November 2016 or early 2017 and consultations on the matter should be held in the national Tripartite Consultative Council. The Committee notes, however, that the text of the new Bill has not been received.

Power of the Minister to assess collective agreements on the ground of public interest. The Committee previously requested the Government to take the necessary measures to bring section 50 of the Industrial Relations Bill, 2011, into conformity with the principle that the approval of a collective agreement may only be refused if it has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation. The Committee notes that the Government reiterates that the powers previously conferred on the Minister are now conferred on the Attorney-General who can, subject to the approval of the full bench of the Industrial Relations Commission, appeal against the making of an award on the grounds of public interest, including budgetary, financial and economic matters. Noting that section 50 of the new Industrial Relations Bill, 2014, as described by the Government, does not substantially differ from the previous draft of the text, the Committee is obliged to reiterate its previous request in this respect.

Compulsory arbitration in cases where conciliation between the parties has failed. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the recourse to compulsory arbitration under sections 78 and 79 of the Industrial Relations Bill, 2011, does not affect the promotion of collective bargaining. The Committee understands from the Government’s observations that section 78 of the Industrial Relations Bill, 2014, now allows for arbitration only where the conciliation process is exhausted, the issues remain unresolved and the parties agree to it, or in the case of public servants exercising authority in the name of the State or in disputes relating to essential services in the strict sense of the term. Recalling that the text of the new Bill has not been received, the Committee observes that the information provided by the Government does not enable it to assess the conformity of section 79 with the Convention. The Committee, therefore, requests the Government to confirm the Committee’s understanding of section 78 of the Industrial Relations Bill, 2014, to clarify the substance of its section 79 and to provide the full text of this Bill.

The Committee trusts that the Government, taking into account the Committee’s comments, will ensure full conformity of the revised Industrial Relations Bill, 2014, with the Convention. In this regard, the Committee encourages the Government to avail itself of the technical assistance of the Office, if it so wishes.