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

The Committee notes the Government’s report.

1. Protection against employer interference. In its report, the Government refers to the need to amend the 1998 Trade Union Amendment Act, which took effect on 1 May 2000, to further protect against any eventual employer intimidation or interference in respect of union certification or decertification. The Government indicates in its report that this matter is still under consideration. The Committee requests the Government to indicate any measures envisaged to further protect against any eventual employer intimidation or interference in respect of union certification or decertification.

2. Coverage of management personnel. In its previous direct request, the Committee took note of the conclusions of the Committee on Freedom of Association in Case No. 1959 (320th Report, approved by the Governing Body at its 277th Session in March 2000) and observed that in the context of this case, the Government had indicated that it remained committed to the objective of including management personnel within the scope of the provisions of the Trade Union Amendment Act, despite the defeat of an amendment to this effect in the Senate in August 1999. The Government reiterates its previous statements in its report, and adds that this issue is still under consideration. The Committee requests the Government to indicate in its next report the measures taken or envisaged in order to include management personnel within the scope of the Act so as to guarantee them the rights established by the Convention.

The Committee hopes that, in the near future, it will note substantial progress in the application of the Convention.