Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

Case No 2326 (Australia) - Complaint date: 10-MAR-04 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 41. The Committee last examined this case at its November 2007 meeting [see 348th Report, paras 35–42]. On that occasion, the Committee requested the Government to continue to initiate further consultations with the representative employers’ and workers’ organizations in the building and construction industry, with a view to building a common understanding over ways to ensure that the Building and Construction Industry Improvement Act 2005 (the BCII Act), is brought into full conformity with Conventions Nos 87 and 98 and to keep the Committee informed in this respect.
2. 42. In a communication dated 3 December 2007, the Government indicated that a new Government had been elected on 24 November 2007 and would consider the various issues under consideration by this Committee and respond in due course. In its communication dated 30 September 2008, the Government indicates that a critical component of its legislative programme is to enact new laws governing workplace relations in Australia. The first stage of the Government’s legislative programme is now in place following the commencement of the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (the Transition Act), on 28 March 2008. The Transition Act amends the Workplace Relations Act and provides for measured transition arrangements to a new workplace relations system which will be fully operational from 1 January 2010. A key change introduced by the Transition Act is preventing the making of new Australian workplace agreements (AWAs). Legislation for the substantive reforms to the system will be introduced into the Australian Parliament late in 2008. The more substantive reforms are being developed in consultation with key stakeholders, including employer and worker representatives.
3. 43. The Government adds that it will retain the Australian Building and Construction Commission (ABCC) until 31 January 2010. After this, the ABCC will be replaced by a specialist building and construction division of the inspectorate of a new body, Fair Work Australia. Fair Work Australia will be the industrial umpire overseeing the Government’s new workplace relations system which will come into full operation in January 2010.
4. 44. Finally, the Government indicates that, on 22 May 2008, the Australian Government commenced the process of extensive consultation with industry stakeholders in relation to the regulatory arrangements which will apply to the building and construction industry. The Government has appointed a retired judge of the Federal Court of Australia to undertake consultations with industry stakeholders and report to the Government by the end of March 2009.
5. 45. The Committee recalls that it has referred the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations [see 342nd Report, para. 24] and that it has retained for examination only the issue of consultations between the Government and the social partners with a view to building a common understanding over ways to ensure that the BCII Act is brought into full conformity with Conventions Nos 87 and 98. The Committee notes with interest in this regard that extensive consultations have been launched by the new Government on the regulatory arrangements that will apply to the building and construction industry in the future and the outcome will be reported by the end of March 2009. The Committee expects that these consultations will build a common understanding over ways to ensure that the BCII Act is brought into full conformity with Conventions Nos 87 and 98.