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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Legislative matters. In its previous comments, the Committee had noted the Government’s indication that the new Industrial Relations Bill (IRB 2014) was undergoing a vetting process at the Government Executive Committee and the Central Agency and Consultative Council to harmonize it with other relevant legislation and that 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. Noting that the last information sent by the Government through an anticipated report dates back to 5 January 2017 and that its 2018 report was not received, the Committee hopes that the Government will provide in its next report information on the outcome of these consultations and whether the IRB 2014 has been enacted.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously requested the Government to provide information on the measures taken to ensure effective implementation of the prohibition of anti-union discrimination in practice and to provide statistics on the number of anti-union discrimination complaints brought before the competent authorities, their follow-up, sanctions and remedies imposed. Noting that the Government did not provide specific information in this regard, the Committee reiterates its previous request.

Article 4. Promotion of collective bargaining. Power of the Minister to assess collective agreements on the grounds of public interest. The Committee had 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. While observing once again that the Government does not provide a copy of the Bill, the Committee takes note of the Government’s indication that section 50 of the IRB 2014 has been amended and that under the revised version the Attorney General is not entitled to appeal against the making of an award on the grounds of public interest.

Compulsory arbitration in cases where conciliation between the parties has failed. While recalling that it had noted the conformity of section 78 of the IRB 2014, as described by the Government, with the Convention, the Committee notes that the Government has still not clarified the content of section 79 of the IRB 2014. The Committee trusts once again that the Government, taking into account the Committee’s comments, will ensure the full conformity of any revised legislation 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 and requests it to provide detailed information on the process of revision of the Industrial Relations Bill.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Legislative matters. In its previous comments, the Committee had noted the Government’s indication that the new Industrial Relations Bill (IRB 2014) was undergoing a vetting process at the Government Executive Committee and the Central Agency and Consultative Council to harmonize it with other relevant legislation and that 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.Noting that the last information sent by the Government through an anticipated report dates back to 5 January 2017 and that its 2018 report was not received, the Committee hopes that the Government will provide in its next report information on the outcome of these consultations and whether the IRB 2014 has been enacted.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously requested the Government to provide information on the measures taken to ensure effective implementation of the prohibition of anti-union discrimination in practice and to provide statistics on the number of anti-union discrimination complaints brought before the competent authorities, their follow-up, sanctions and remedies imposed.Noting that the Government did not provide specific information in this regard, the Committee reiterates its previous request.

Article 4. Promotion of collective bargaining. Power of the Minister to assess collective agreements on the grounds of public interest. The Committee had 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. While observing once again that the Government does not provide a copy of the Bill, the Committee takes note of the Government’s indication that section 50 of the IRB 2014 has been amended and that under the revised version the Attorney General is not entitled to appeal against the making of an award on the grounds of public interest.

Compulsory arbitration in cases where conciliation between the parties has failed. While recalling that it had noted the conformity of section 78 of the IRB 2014, as described by the Government, with the Convention, the Committee notes that the Government has still not clarified the content of section 79 of the IRB 2014. The Committee trusts once again that the Government, taking into account the Committee’s comments, will ensure the full conformity of any revised legislation 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 and requests it to provide detailed information on the process of revision of the Industrial Relations Bill.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Legislative matters. In its previous comments, the Committee had noted the Government’s indication that the new Industrial Relations Bill (IRB 2014) was undergoing a vetting process at the Government Executive Committee and the Central Agency and Consultative Council to harmonize it with other relevant legislation and that 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. Noting that the last information sent by the Government through an anticipated report dates back to 5 January 2017 and that its 2018 report was not received, the Committee hopes that the Government will provide in its next report information on the outcome of these consultations and whether the IRB 2014 has been enacted.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously requested the Government to provide information on the measures taken to ensure effective implementation of the prohibition of anti-union discrimination in practice and to provide statistics on the number of anti-union discrimination complaints brought before the competent authorities, their follow-up, sanctions and remedies imposed. Noting that the Government did not provide specific information in this regard, the Committee reiterates its previous request.

Article 4. Promotion of collective bargaining. Power of the Minister to assess collective agreements on the grounds of public interest. The Committee had 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. While observing once again that the Government does not provide a copy of the Bill, the Committee takes note of the Government’s indication that section 50 of the IRB 2014 has been amended and that under the revised version the Attorney General is not entitled to appeal against the making of an award on the grounds of public interest.

Compulsory arbitration in cases where conciliation between the parties has failed. While recalling that it had noted the conformity of section 78 of the IRB 2014, as described by the Government, with the Convention, the Committee notes that the Government has still not clarified the content of section 79 of the IRB 2014.

The Committee trusts once again that the Government, taking into account the Committee’s comments, will ensure the full conformity of any revised legislation 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 and requests it to provide detailed information on the process of revision of the Industrial Relations Bill.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Legislative matters. In its previous comments, the Committee had noted the Government’s indication that the new Industrial Relations Bill (IRB 2014) was undergoing a vetting process at the Government Executive Committee and the Central Agency and Consultative Council to harmonize it with other relevant legislation and that 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. Noting that the last information sent by the Government through an anticipated report dates back to 5 January 2017 and that its 2018 report was not received, the Committee hopes that the Government will provide in its next report information on the outcome of these consultations and whether the IRB 2014 has been enacted.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously requested the Government to provide information on the measures taken to ensure effective implementation of the prohibition of anti-union discrimination in practice and to provide statistics on the number of anti-union discrimination complaints brought before the competent authorities, their follow-up, sanctions and remedies imposed. Noting that the Government did not provide specific information in this regard, the Committee reiterates its previous request.

Article 4. Promotion of collective bargaining. Power of the Minister to assess collective agreements on the grounds of public interest. The Committee had 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. While observing once again that the Government does not provide a copy of the Bill, the Committee takes note of the Government’s indication that section 50 of the IRB 2014 has been amended and that under the revised version the Attorney General is not entitled to appeal against the making of an award on the grounds of public interest.

Compulsory arbitration in cases where conciliation between the parties has failed. While recalling that it had noted the conformity of section 78 of the IRB 2014, as described by the Government, with the Convention, the Committee notes that the Government has still not clarified the content of section 79 of the IRB 2014.

The Committee trusts once again that the Government, taking into account the Committee’s comments, will ensure the full conformity of any revised legislation 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 and requests it to provide detailed information on the process of revision of the Industrial Relations Bill.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Legislative matters. In its previous comments, the Committee had noted the Government’s indication that the new Industrial Relations Bill (IRB 2014) was undergoing a vetting process at the Government Executive Committee and the Central Agency and Consultative Council to harmonize it with other relevant legislation and that 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. Noting that the last information sent by the Government through an anticipated report dates back to 5 January 2017 and that its 2018 report was not received, the Committee hopes that the Government will provide in its next report information on the outcome of these consultations and whether the IRB 2014 has been enacted.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously requested the Government to provide information on the measures taken to ensure effective implementation of the prohibition of anti-union discrimination in practice and to provide statistics on the number of anti-union discrimination complaints brought before the competent authorities, their follow-up, sanctions and remedies imposed. Noting that the Government did not provide specific information in this regard, the Committee reiterates its previous request.

Article 4. Promotion of collective bargaining. Power of the Minister to assess collective agreements on the grounds of public interest. The Committee had 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. While observing once again that the Government does not provide a copy of the Bill, the Committee takes note of the Government’s indication that section 50 of the IRB 2014 has been amended and that under the revised version the Attorney General is not entitled to appeal against the making of an award on the grounds of public interest.

Compulsory arbitration in cases where conciliation between the parties has failed. While recalling that it had noted the conformity of section 78 of the IRB 2014, as described by the Government, with the Convention, the Committee notes that the Government has still not clarified the content of section 79 of the IRB 2014.

The Committee trusts once again that the Government, taking into account the Committee’s comments, will ensure the full conformity of any revised legislation 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 and requests it to provide detailed information on the process of revision of the Industrial Relations Bill.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Legislative matters. In its previous comments, the Committee had noted the Government’s indication that the new Industrial Relations Bill (IRB 2014) was undergoing a vetting process at the Government Executive Committee and the Central Agency and Consultative Council to harmonize it with other relevant legislation and that 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. Noting that the last information sent by the Government through an anticipated report dates back to 5 January 2017 and that its 2018 report was not received, the Committee hopes that the Government will provide in its next report information on the outcome of these consultations and whether the IRB 2014 has been enacted.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously requested the Government to provide information on the measures taken to ensure effective implementation of the prohibition of anti-union discrimination in practice and to provide statistics on the number of anti-union discrimination complaints brought before the competent authorities, their follow-up, sanctions and remedies imposed. Noting that the Government did not provide specific information in this regard, the Committee reiterates its previous request.

Article 4. Promotion of collective bargaining. Power of the Minister to assess collective agreements on the grounds of public interest. The Committee had 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. While observing once again that the Government does not provide a copy of the Bill, the Committee takes note of the Government’s indication that section 50 of the IRB 2014 has been amended and that under the revised version the Attorney General is not entitled to appeal against the making of an award on the grounds of public interest.

Compulsory arbitration in cases where conciliation between the parties has failed. While recalling that it had noted the conformity of section 78 of the IRB 2014, as described by the Government, with the Convention, the Committee notes that the Government has still not clarified the content of section 79 of the IRB 2014.

The Committee trusts once again that the Government, taking into account the Committee’s comments, will ensure the full conformity of any revised legislation 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 and requests it to provide detailed information on the process of revision of the Industrial Relations Bill.

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

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.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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.

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.

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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

In its previous observation, the Committee took note that the Third Draft Industrial Relations Bill, which was last revised on 14 August 2006, had replaced the 2003 Draft Industrial Relations Act, as part of an ongoing effort to review and consolidate the labour legislation. The Committee notes that the Government indicates in its report that the Sixth (final) Draft Industrial Relations Bill was finalized in December 2009. The Committee requests the Government to indicate any development in this respect and to provide a copy of the Bill once adopted.

Power of the Minister to assess collective agreements on grounds of public interest. In its previous observation, the Committee had requested the Government to amend section 32 of the Third Draft Industrial Relations Bill, which conferred a broad power on the Minister of Labour to assess collective agreements on grounds of public interest – a principle that also applied to the public sector. The draft legislation had stated that “the Minister may, on behalf of the State, appeal as of right against the making of an award or order (including an award or order made by consent) or the certification of an agreement, on the ground that the making of the award or order, or the certification of the agreement, is contrary to public interest”. The Committee notes that the Government indicates in its report that this provision has been renumbered as section 51 of the Sixth (final) Draft Industrial Relations Bill, which provides that the powers previously conferred to the Minister are now conferred to the Attorney‑General who will be acting on behalf of the State and whose powers will be subject to the approval of a Full Bench under the Industrial Relations Commission, so as to allow for him/her to appeal – on grounds of public interest – against the making of an award or order (including an award or order made by consent) or the certification of an agreement. The Committee recalls that such provision could only be compatible with the Convention if it merely stipulates that the approval of collective agreements may 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). The Committee requests the Government to take the necessary measures to ensure that section 51 of the Sixth (final) Draft Industrial Relations Bill is in conformity with the abovementioned principle, and to provide information thereon in its next report.

Compulsory arbitration. In its previous observation, the Committee had noted that sections 151 and 152 of the Third Draft Industrial Relations Bill instituted a system of compulsory arbitration when conciliation between the parties had failed. The Committee notes that the Government indicates in its report that these sections have been repealed by sections 77 and 78 of the Sixth (final) Draft Industrial Relations Bill, which provide that a Commissioner of the Industrial Relations Commission can only begin arbitration where a conciliation proceeding is exhausted with the issues remaining unresolved; and refer to the intervention of the State in an industrial dispute where issues of public interest and public welfare come into calculation. The Committee recalls that compulsory arbitration is only acceptable if it is at the request of both parties involved in a dispute, or in the case of disputes in the public service involving 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. In these circumstances, the Committee requests the Government to take the necessary measures to ensure that sections 77 and 78 of the Sixth (final) Draft Industrial Relations Bill are in conformity with the abovementioned principle, and to provide information thereon in its next report. 

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee took note that the third draft Industrial Relations Bill, which was last revised on 14 August 2006 following widespread consultations with the social partners, has entered its third phase, and incorporates some technical inputs provided by the ILO. The said Bill replaces the draft Industrial Relations Act of 2003 as part of an ongoing effort, commenced in 2003, to review and consolidate the labour legislation. To this end, section 257 of the current Bill repeals the Industrial Organizations Act, the Industrial Relations Act, the Industrial Relations (Amendment) Act of 1992, the Industrial Relations (Amendment) Act of 1998, the Public Service Conciliation and Arbitration Act, and the Teaching Service Conciliation and Arbitration Act.

Power of the minister to assess collective agreements on grounds of public interest. Previously, the Committee had requested the Government to amend section 32 of the draft Industrial Relations Act of 2003, which confers a broad power on the Minister of Labour to assess collective agreements on grounds of public interest – a principle that also applied to the public sector. The draft legislation had stated that “The minister may, on behalf of the State, appeal as of right against the making of an award or order (including an award or order made by consent) or the certification of an agreement, on the ground that the making of the award or order, or the certification of the agreement, is contrary to public interest”. In this respect, the Committee notes that this provision has been retained in the most recent draft legislation – as section 32(1) of the third draft Industrial Relations Bill. Noting the Government’s indication that section 32 of the draft Bill has been highlighted for further review in January 2007, and that further improvements are needed to ensure the legislation’s compatibility with the Convention, the Committee recalls once again that such legislative provisions will only be compatible with the Convention if they merely stipulate that approval of collective agreements may be refused if the collective agreement has a procedural flaw, or does not conform to the minimum standards laid down by general labour legislation, and requests the Government to take measures to ensure that section 32(1) of the third draft Industrial Relations Bill is in conformity with this principle. The Committee reiterates its hope that the technical assistance currently being provided by the ILO would contribute to the resolution of this matter.

Compulsory arbitration. The Committee had previously noted that the previous draft industrial relations legislation appeared to institute a system of compulsory arbitration when conciliation between the parties failed. The Committee notes in this regard that sections 151 and 152 of the previous draft Industrial Relations Act – which appeared to grant the commissioner the authority to commence compulsory arbitration proceedings where the power to initiate conciliation proceedings had not previously been exercised – have been retained as sections 151 and 152 of the third draft Industrial Relations Bill. In this connection, the Committee noted with regret the Government’s indication that it has opted to retain the same approach and system of compulsory arbitration, without significant changes from the previous draft legislation. Nevertheless, the Government had indicated that the sections concerning dispute settlement in the third draft Industrial Relations Bill would be subject to further deliberation at the National Tripartite Consultative Council meeting in early 2007, following which amendments would be drafted by an interim national consultant. In these circumstances, the Committee requests the Government to amend sections 151 and 152 of the third draft Industrial Relations Bill, so as to ensure that compulsory arbitration may only be possible for public servants engaged in the administration of the State or in the framework of essential services in the strict sense of the term.

The Committee expresses its hope that its comments will be fully taken into account in the finalization of the third draft Industrial Relations Bill and asks the Government to transmit a copy of the said legislation once it is adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the information contained in the Government’s report. It notes in particular the third draft Industrial Relations Bill, which was last revised on 14 August 2006 following widespread consultations with the social partners, has entered its third phase, and incorporates some technical inputs provided by the ILO. The said Bill replaces the draft Industrial Relations Act of 2003 as part of an ongoing effort, commenced in 2003, to review and consolidate the labour legislation. To this end, section 257 of the current Bill repeals the Industrial Organizations Act, the Industrial Relations Act, the Industrial Relations (Amendment) Act of 1992, the Industrial Relations (Amendment) Act of 1998, the Public Service Conciliation and Arbitration Act, and the Teaching Service Conciliation and Arbitration Act.

Power of the minister to assess collective agreements on grounds of public interest. Previously, the Committee had requested the Government to amend section 32 of the draft Industrial Relations Act of 2003, which confers a broad power on the Minister of Labour to assess collective agreements on grounds of public interest – a principle that also applied to the public sector. The draft legislation had stated that “The minister may, on behalf of the State, appeal as of right against the making of an award or order (including an award or order made by consent) or the certification of an agreement, on the ground that the making of the award or order, or the certification of the agreement, is contrary to public interest”. In this respect, the Committee notes that this provision has been retained in the most recent draft legislation – as section 32(1) of the third draft Industrial Relations Bill. Noting the Government’s indication that section 32 of the draft Bill has been highlighted for further review in January 2007, and that further improvements are needed to ensure the legislation’s compatibility with the Convention, the Committee recalls once again that such legislative provisions will only be compatible with the Convention if they merely stipulate that approval of collective agreements may be refused if the collective agreement has a procedural flaw, or does not conform to the minimum standards laid down by general labour legislation, and requests the Government to take measures to ensure that section 32(1) of the third draft Industrial Relations Bill is in conformity with this principle. The Committee reiterates its hope that the technical assistance currently being provided by the ILO would contribute to the resolution of this matter.

Compulsory arbitration. The Committee had previously noted that the previous draft industrial relations legislation appeared to institute a system of compulsory arbitration when conciliation between the parties failed. The Committee notes in this regard that sections 151 and 152 of the previous draft Industrial Relations Act – which appeared to grant the commissioner the authority to commence compulsory arbitration proceedings where the power to initiate conciliation proceedings had not previously been exercised – have been retained as sections 151 and 152 of the third draft Industrial Relations Bill. In this connection, the Committee notes with regret the Government’s indication that it has opted to retain the same approach and system of compulsory arbitration, without significant changes from the previous draft legislation. The Committee also notes, nevertheless, that in its 2007 report to the Committee on the application of Convention No. 87, the Government had indicated that the sections concerning dispute settlement in the third draft Industrial Relations Bill would be subject to further deliberation at the National Tripartite Consultative Council meeting in early 2007, following which amendments would be drafted by an interim national consultant. In these circumstances, the Committee requests the Government to amend sections 151 and 152 of the third draft Industrial Relations Bill, so as to ensure that compulsory arbitration may only be possible for public servants engaged in the administration of the State or in the framework of essential services in the strict sense of the term.

The Committee expresses its hope that its comments will be fully taken into account in the finalization of the third draft Industrial Relations Bill and asks the Government to transmit a copy of the said legislation once it is adopted.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted that a major legislative review was being undertaken in relation to all labour legislation.

In its previous comments, the Committee had asked the Government to inform it of any progress made regarding the adoption of amendments repealing section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act which give the authorities a discretionary power to cancel arbitration awards or declare wage agreements void when they are contrary to government policy or national interest.

The Committee noted that a previous report of the Government indicates that those sections are intended to be amended by article 32 of the Draft Industrial Relations Bill, 2003, which states: “The minister may, on behalf of the State, appeal as of right against the making of an award or order (including an award or order made by consent) or the certification of an agreement, on the ground that the making of the award or order, or the certification of the agreement, is contrary to public interest.”

Noting that article 32 of the Draft Industrial Relations Bill, 2003, is a certain improvement in regard to the issues raised above, the Committee had observed that it confers a broad power to the Minister of Labour to assess collective agreements on grounds of public interest. Recalling that legislative provisions will only be compatible with the Convention if they merely stipulate that approval of collective agreements may be refused if the collective agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation (see General Survey on freedom of association and collective bargaining, 1994, paragraph 251), the Committee requests the Government to take measures to ensure that article 32 of the Draft Industrial Relations Bill, 2003, is in conformity with this principle. The Committee hopes that the ILO technical assistance currently in progress will contribute to the resolution of this problem.

Finally, the Committee noted that the Draft Industrial Relations Bill seemed to institute a system of compulsory arbitration when conciliation between parties fails. The Committee recalls that, in general, compulsory arbitration should only be possible in the framework of essential services in the strict sense of the term.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information contained in the Government’s report. In particular, it notes that a major legislative review is now being undertaken in relation to all labour legislation.

In its previous comments, the Committee had asked the Government to inform it of any progress made regarding the adoption of amendments repealing section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act which give the authorities a discretionary power to cancel arbitration awards or declare wage agreements void when they are contrary to government policy or national interest.

The Committee notes that the Government’s report indicates that those sections are intended to be amended by article 32 of the Draft Industrial Relations Bill, 2003, which states: "The minister may, on behalf of the State, appeal as of right against the making of an award or order (including an award or order made by consent) or the certification of an agreement, on the ground that the making of the award or order, or the certification of the agreement, is contrary to public interest."

Noting that article 32 of the Draft Industrial Relations Bill, 2003, is a certain improvement in regard to the issues raised above, the Committee observes that it confers a broad power to the Minister of Labour to assess collective agreements on grounds of public interest. Recalling that legislative provisions will only be compatible with the Convention if they merely stipulate that approval of collective agreements may be refused if the collective agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation (see General Survey on freedom of association and collective bargaining, 1994, paragraph 251), the Committee requests the Government to take measures to ensure that article 32 of the Draft Industrial Relations Bill, 2003, is in conformity with this principle. The Committee hopes that the ILO technical assistance currently in progress will contribute to the resolution of this problem.

Finally, the Committee notes that the Draft Industrial Relations Bill seems to institute a system of compulsory arbitration when conciliation between parties fails. The Committee recalls that, in general, compulsory arbitration should only be possible in the framework of essential services in the strict sense of the term.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. In its previous comments, the Committee had asked the Government to amend section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act, which give the authorities a discretionary power to cancel arbitration awards or declare wages agreements void when they are contrary to government policy or national interest.

The Government indicates that the national labour legislation was reviewed with ILO technical assistance, to ensure its compliance with the fundamental ILO Conventions. The Industrial Relations Policy Reform and Drafting Instruction have been endorsed by the National Tripartite Consultative Council in July 2000. The Policy Reform was submitted to the National Executive Council in November 2000 and the Drafting Instruction was submitted to the Legislative Council. However, due to errors in the Drafting Instruction, particularly as regards appeals in the public service, the Department of Personnel Management requested the Department of Labour and Employment to re-examine the document. The National Executive Council will examine the Policy once the issues raised by the Department of Personnel Management are dealt with.

The Committee expresses the firm hope that the issues raised concerning the Drafting Instruction will be examined without delay, so that the amendments repealing section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act may be adopted in the very near future. The Committee asks the Government to inform it of any progress made in this regard and to send a copy of the amended legislation as soon as it is adopted.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report. In its previous comments, the Committee had asked the Government to amend national legislation which gave the authorities discretionary power to cancel arbitration awards or declare wages agreements void when they were contrary to government policy or national interest (section 42 of the Industrial Relations Act and section 52 of the Public Service (Conciliation and Arbitration Act)). The Committee notes the Government's statement that in a recent development, the Department of Industrial Relations with ILO technical cooperation had undertaken a major "industrial relations policy reform" exercise. The proposed Industrial Relations Act is now going through its final stages of preparation and corrects the two provisions referred to by the Committee. The Committee expresses the hope that the two provisions in question will be repealed in the very near future so as to bring national legislation into conformity with Article 4 of the Convention. It asks the Government to inform it of any progress made in this regard in its next report.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its report.

In its previous comments, the Committee has asked the Government to amend national legislation which gave the authorities discretionary power to cancel arbitration awards or declare wages agreements void when they were contrary to government policy or national interest (section 42 of the Industrial Relations Act and section 52 of the Public Service (Conciliation and Arbitration Act).

The Committee notes the Government's statement that the Department of Industrial Relations has already made a submission for a Certificate of Amendment to the state Solicitor's Office of the Department of the Attorney-General. Upon granting of this certificate, a policy submission to the competent authorities would be made towards repealing the above two provisions from the Acts respectively.

The Committee expresses the hope that the two provisions in question will be repealed in the very near future so as to bring national legislation into conformity with Article 4 of the Convention. It asks the Government to inform it of any progress made in this regard in its next report.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report.

The Committee had asked the Government to amend the national legislation which gives the authorities discretionary power to cancel arbitration awards or declare wages agreements void when they are contrary to government policy or national interest (section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act), contrary to Article 4 of the Convention.

The Committee notes that the Government states in its report that it has made a formal request to the ILO's multidisciplinary team in Manila to assist with the drafting of the country objectives for Papua New Guinea. The Government adds that it is hoped that the amendments to this legislation will be incorporated into the legislation during the forthcoming review of the legislation.

The Committee expresses the firm hope that the necessary amendments will be adopted at an early date to bring this legislation into conformity with the requirements of Article 4 of the Convention. It asks the Government to supply information in its next report on any progress made in this regard.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that for the second consecutive year the Government's report has not been received. It therefore repeats its previous observation which read as follows:

The Committee had asked the Government to amend the national legislation which gives the authorities discretionary power to cancel arbitration awards or declare wages agreements void when they are contrary to government policy or national interest (section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act), contrary to Article 4 of the Convention. The Committee noted that the Government stated that due to the acute shortage of manpower in the relevant department the drafting of the amendments had not yet been attended to. Noting that the Government required the full-time input of an official to look into further amendments as well, the Committee considers that this is a case where the technical assistance of the ILO should be drawn on. It thus hopes that the Government will take up this offer as soon as possible and will be able to indicate in its next report that the necessary amendments have been tabled and adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that for the third year in succession the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee had asked the Government to amend the national legislation which gives the authorities discretionary power to cancel arbitration awards or declare wages agreements void when they are contrary to government policy or national interest (section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act), contrary to Article 4 of the Convention. The Committee noted that the Government stated that due to the acute shortage of manpower in the relevant department the drafting of the amendments had not yet been attended to. Noting that the Government required the full-time input of an official to look into further amendments as well, the Committee considers that this is a case where the technical assistance of the ILO should be drawn on. It thus hopes that the Government will take up this offer as soon as possible and will be able to indicate in its next report that the necessary amendments have been tabled and adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which dealt with the following points:

The Committee had asked the Government to amend the national legislation which gives the authorities discretionary power to cancel arbitration awards or declare wages agreements void when they are contrary to government policy or national interest (section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act), contrary to Article 4 of the Convention. The Committee noted that the Government stated that due to the acute shortage of manpower in the relevant department the drafting of the amendments had not yet been attended to. Noting that the Government required the full-time input of an official to look into further amendments as well, the Committee considers that this is a case where the technical assistance of the ILO should be drawn on. It thus hopes that the Government will take up this offer as soon as possible and will be able to indicate in its next report that the necessary amendments have been tabled and adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous observations the Committee takes note of the Government's report.

The Committee had asked the Government to amend the national legislation which gives the authorities discretionary power to cancel arbitration awards or declare wages agreements void when they are contrary to government policy or national interest (section 42 of the Industrial Relations Act and section 52 of the Public Service Conciliation and Arbitration Act), contrary to Article 4 of the Convention.

The Committee notes that the Government states that due to the acute shortage of manpower in the relevant department the drafting of the amendments has not yet been attended to. Noting that the Government requires the full-time input of an official to look into further amendments as well, the Committee considers that this is a case where the technical assistance of the ILO should be drawn on. It thus hopes that the Government will take up this offer as soon as possible and, with direct help in the drafting of the necessary documents, will be able to report in its next report that the necessary amendments have been tabled and adopted.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation.

The Committee recalls that its previous comments dealt with the need to amend the provisions of the national legislation which gives the authorities discretionary power to cancel arbitration awards or declare agreements concerning wages void when they are contrary to government policy or the national interest (section 42 of the Industrial Relations Act, covering the private sector, and section 52 of the Public Service and Teaching Conciliation and Arbitration Act, as amended in 1983). In its previous reports, the Government indicated that over the past 21 years it had only made use of the powers conferred upon it to modify an arbitration award on three occasions, but it also indicated that measures would be taken to amend these provisions of the national legislation in accordance with Article 4 of the Convention. In its last report, the Government limits itself to indicating that due to the material difficulties affecting the Department of Labour and Employment, the proposed amendments to which it had referred have not been completed and that examination of the matter has been postponed. In these circumstances, the Committee once again recalls that the obligation to submit an arbitration award or a wages agreement to the approval of the authorities, which may declare clauses void because they run counter to the policy or the national interest, is incompatible with Article 4 of the Convention. A system of official approval is acceptable only in so far as the approval can be refused on grounds of form and where the clauses of a collective agreement do not conform to the minimum standards set out in the labour law. Furthermore, rather than subject the validity of collective agreements to government approval, steps should be taken to persuade the parties to collective bargaining to have regard voluntarily in their negotiations to major economic and social policy considerations and the general interest invoked by the Government. To achieve this, the considerations should be widely discussed by all parties at the national level through a consultative body. The Committee therefore once again requests the Government to take measures to amend the law to give effect to its comments and to supply information in its next report on the progress achieved in this respect. It also requests the Government to supply detailed information on cases in which it has used the powers conferred upon it by the legislation to modify the clauses of an arbitration award or wage agreement, and on the effect given to the Convention in practice (number of collective agreements, sectors, workers covered).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that its previous comments dealt with the need to amend the provisions of the national legislation which gives the authorities discretionary power to cancel arbitration awards or declare agreements concerning wages void when they are contrary to government policy or the national interest (section 42 of the Industrial Relations Act, covering the private sector, and section 52 of the Public Service and Teaching Conciliation and Arbitration Act, as amended in 1983). In its previous reports, the Government indicated that over the past 21 years it had only made use of the powers conferred upon it to modify an arbitration award on three occasions, but it also indicated that measures would be taken to amend these provisions of the national legislation in accordance with Article 4 of the Convention. In its last report, the Government limits itself to indicating that due to the material difficulties affecting the Department of Labour and Employment, the proposed amendments to which it had referred have not been completed and that examination of the matter has been postponed. In these circumstances, the Committee once again recalls that the obligation to submit an arbitration award or a wages agreement to the approval of the authorities, which may declare clauses void because they run counter to the policy or the national interest, is incompatible with Article 4 of the Convention. A system of official approval is acceptable only in so far as the approval can be refused on grounds of form and where the clauses of a collective agreement do not conform to the minimum standards set out in the labour law. Furthermore, rather than subject the validity of collective agreements to government approval, steps should be taken to persuade the parties to collective bargaining to have regard voluntarily in their negotiations to major economic and social policy considerations and the general interest invoked by the Government. To achieve this, the considerations should be widely discussed by all parties at the national level through a consultative body. The Committee therefore once again requests the Government to take measures to amend the law to give effect to its comments and to supply information in its next report on the progress achieved in this respect. It also requests the Government to supply detailed information on cases in which it has used the powers conferred upon it by the legislation to modify the clauses of an arbitration award or wage agreement, and on the effect given to the Convention in practice (number of collective agreements, sectors, workers covered).

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report and recalls that its previous comments dealt with the need to amend the provisions of the national legislation which give the authorities discretionary power to cancel arbitration awards or agreements concerning wages void when they are contrary to government policy or the national interest (section 42 of the Industrial Relations Act, covering the private sector, and section 52 of the Public Service and Teaching Conciliation and Arbitration Act, as amended in 1983).

In its previous reports, the Government indicated that over the past 21 years it had only made use of the powers conferred upon it to modify an arbitration award on three occasions, but it also indicated that measures would be taken to amend these provisions of the national legislation in accordance with Article 4 of the Convention.

In its last report, the Government limits itself to indicating that due to the material difficulties affecting the Department of Labour and Employment, the proposed amendments to which it had referred have not been completed and that examination of the matter has been postponed.

In these circumstances, the Committee once again recalls that the obligation to submit an arbitration award or a wages agreement to the approval of the authorities, which may declare clauses void because they run counter to the policy or the national interest, is incompatible with Article 4 of the Convention. A system of official approval is acceptable only in so far as the approval can be refused on grounds of form and where the clauses of a collective agreement do not conform to the minimum standards set out in the labour law. Furthermore, rather than subject the validity of collective agreements to government approval, steps should be taken to persuade the parties to collective bargaining to have regard voluntarily in their negotiations to major economic and social policy considerations and the general interest invoked by the Government. To achieve this, the considerations should be widely discussed by all parties at the national level through a consultative body.

The Committee therefore once again requests the Government to take measures to amend the law to give effect to its comments and to supply information in its next report on the progress achieved in this respect. It also requests the Government to supply detailed information on cases in which it has used the powers conferred upon it by the legislation to modify the clauses of an arbitration award or wage agreement, and on the effect given to the Convention in practice (number of collective agreements, sectors, workers covered).