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

Dock Work Convention, 1973 (No. 137) - Australia (Ratification: 1974)

Other comments on C137

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2023

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Articles 2, 5 and 6 of the Convention. Measures to encourage permanent or regular employment. Efficiency of work in ports. The Committee notes the information provided by the Government and comments provided by the Australian Council of Trade Unions (ACTU) in September 2012 on the application of the Convention. The Government reports on the Stevedoring Industry Award 2010 which provides for full-time employment, guaranteed wage employment and casual employment. A guaranteed wage employee is guaranteed a minimum number or an average number of full shifts each week, or instead of the engagement, is provided the equivalent payment. In response to the 2007 direct request, the Government indicates that in late 2012 the Maritime Workforce Development Forum was established, which comprises representatives from across the maritime sector, including employers and unions. The Government reports that the Forum has two key priorities in the short term: to develop a national aggregated data set on seafarers, both onshore and offshore; and to develop the national maritime workforce strategy. The Forum has been established for a period of five years with a review of its effectiveness within two years of its establishment. The Committee notes the comments of the ACTU indicating that collective bargaining has proven insufficient to ensure compliance with the objective of Article 2 of the Convention. It adds that despite the best endeavours of unions in bargaining negotiations, there continues to be a high level of casual employment. Furthermore, the ACTU believes that there is a lack of national policy or process to achieve cooperation between employers and unions to improve efficiency of work in ports (Article 5). The ACTU is also concerned that the Government has failed to oversee quality assurance of vocational education and training in the Australian stevedoring industry (Article 6). The Committee invites the Government to provide information with respect to the issues raised by the ACTU. It also invites the Government to provide data on the numbers of different categories of stevedoring workers – permanent employees, guaranteed wage employees, supplementary employees – and on any measures taken at the tripartite level in improving the efficiency of work in ports (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2014.]