Effect given to the recommendations of the committee and the Governing Body - Report No 323, November 2000

Case No 1963 (Australia) - Complaint date: 07-MAY-98 - Closed

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

1. 22. The Committee examined this case at its March 2000 meeting [320th Report, paras. 143-241], at which time it made a number of recommendations concerning violations of freedom of association arising out of actions in relation to workers in stevedoring operations at various Australian ports. The Committee, inter alia, asked to be kept informed concerning the disciplining of any serving defence force personnel involved in training in Dubai in order to replace dismissed union members.
2. 23. In a communication of 14 September 2000, the Government indicates that the Department of Defence has advised that it has no evidence of the commission of offences under the Defence Force Discipline Act 1982 by any Australian Defence Force members and is not aware that any form of disciplinary action has taken place or is contemplated. Concerning ongoing matters in the Australian courts relevant to the case, the Government provides information on the status of McKellar and Murray v. CTMS Limited and others, Batten and Grahame v. CTMS Limited and others, and Tanner v. Shergold. In the first action, an application was made by the Commonwealth and others to have the further amended statement of claim struck out, and the Court has reserved its decision. In Batten and Grahame, the Court dismissed the application of the Commonwealth and others to have the statement of claim struck out. Finally, in Tanner v. Shergold, concerning an application under the Freedom of Information Act 1982 for access to reports concerning the waterfront reform, the Court found that the decision to issue a conclusive certificate under the Act could be reviewed by the Court. An appeal on this matter was then lodged, and the Court has reserved its decision.
3. 24. The Committee notes the information provided by the Government. On the issue of the Dubai training, the Committee requests the Government to provide information concerning any inquiry held to determine whether serving Defence Force personnel were involved in the training, and to provide the Committee with a copy of the Defence Force Discipline Act 1982. With respect to the court matters, the Committee requests the Government to forward copies of the relevant decisions once they have been rendered.