Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

1. In its previous comments the Committee referred to different engagement and discharge schemes in the Australian army. As concerns the Royal Australian Air Force, the Committee noted that the right to discharge on one's own request is not normally accorded to airmen before completing 20 years of service, except for selected airmen engaged under a permanent engagement scheme, introduced on 1 August 1987, who can be discharged after 12 years' service by giving three months' notice; dissatisfaction or disenchantment with the service can never be an acceptable reason to discharge (sections 9 and 40 to 43 of the Discharge of Airmen Instruction DI (AF) PERS 7-1). As concerns the Australian Navy, the Committee noted that only sailors who have completed 20 years of naval service will be given special consideration when applying for a discharge prior to the expiration of their engagements (section 10 of Instruction DI (N) PERS 43-8).

The discharge at own request before the normal expiration of an engagement lies in the discretionary power of the Chief of Staff of each of the three arms, but this power is restricted to limited cases enumerated under the Instructions of the Navy and the Air Force (section 2 of DI (N) PERS 43-8 and sections 46 to 48 of DI (AF) PERS 7-1).

The Committee requested the Government to indicate whether it was envisaged to extend to airmen in general the permanent engagement scheme for selected airmen, whether the proposed introduction of an open-ended period of service for all enlistees of the Australian army had been put into operation and whether similar arrangements were envisaged or introduced for the air force and the navy. The Committee further requested the Government to send copies of all relevant statutory instruments and to report on cases in which Chiefs of Staff had exercised their above-mentioned discretionary powers.

The Committee notes with interest the Government's indication in its report that the Royal Australian Air Force has not elected to extend the permanent engagement scheme to all personnel but is in the process of introducing a "notice engagement system" whereby airmen (except apprentices) with between six and 12 years' service may elect to be discharged by giving six months' notice at their request. The Committee also notes with interest that the Australian army's open-ended enlistment scheme and the navy's scheme which is similar, commenced on 1 July 1988 and 1 January 1989 respectively. The Government further indicates that Chiefs of Staff have exercised their discretionary power to discharge on request before the normal expiration of a period of service in a number of cases which have however not been registered.

The Committee notes that the proposed modifications to the conditions of service of airmen include the introduction of a notice engagement which would apply between the six and 12-year career points and discharge on request would normally be granted at the end of six months' notice under the initial fixed engagement of three or six years. No general right of discharge on request would be accorded but greater flexibility built into the new policy to allow for special or exceptional cases.

The Committee notes however also that according to the declaration of the Government and under point 36 of the proposed new conditions of service there is no right of discharge on request for airmen apprentices during their initial periods of enlistment or for other airmen during their first six years of service except in circumstances which are so unusual that they compel subordination of service needs and suspension of legally binding contracts; dissatisfaction or disenchantment are rarely accepted as valid reasons for discharge. In this connection, the Committee notes that under Instruction DI (AF) PERS 6-1 the period of enlistment for an airman apprentice shall be for nine years or 15 years and according to the Annex to the same Instruction a person can be enlisted as an apprentice with the consent of his parent or guardian at the age of 15 years. Referring to paragraphs 67 to 76 of its 1979 General Survey on the Abolition of Forced Labour where it indicated in particular that a worker's right to free choice of employment remains inalienable, the Committee requests the Government to provide information on the measures adopted or envisaged to preserve the right of apprentices especially those engaged under the age of 18 to leave the service on their own initiative after a reasonable time. The Committee also requests the Government to provide a copy of the Airmen's Conditions of Service Instructions when adopted as well as of the army's and navy's enlistment schemes which commenced in July 1988 and January 1989 respectively.

2. The Committee has noted the information provided by the Government concerning the modification of the Queensland Electricity (Continuity of Supply) Act, 1985, by Act No. 1 of 1988.