Fair Work in the International Spotlight: The CEPU Complaint to the ILO’s Committee on Freedom of Association

Australian Journal of Labour Law, Vol. 24, No. 2, pp. 163-172, 2011

Sydney Law School Research Paper No. 11/76

11 Pages Posted: 28 Oct 2011

See all articles by Shae McCrystal

Shae McCrystal

The University of Sydney Law School

Date Written: October 27, 2011

Abstract

This article examines the June 2010 report of the International Labour Organisation Governing Body’s Committee on Freedom of Association (CFA) made in response to a complaint by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) concerning the extent to which the Australian Fair Work Act 2009 (Cth) complies with Australia’s obligations concerning freedom of association and the right to strike. The paper outlines the background to the complaint and discusses the key findings of the CFA with respect to: the role of trade unions in agreement making; the right of entry provisions; the requirement to include individual flexibility arrangements in enterprise agreements; restrictions on the level at which collective agreements can be concluded; limitations on the content of collective agreements; various restrictions on the right to strike; and the protected action ballot provisions.

Keywords: International Labour Organisation, Australian Compliance with International Standards, Freedom of Association, Right to Strike, Convention 87, Protected Industrial Action, Fair Work Act

JEL Classification: K10, K30, K31, K33

Suggested Citation

McCrystal, Shae, Fair Work in the International Spotlight: The CEPU Complaint to the ILO’s Committee on Freedom of Association (October 27, 2011). Australian Journal of Labour Law, Vol. 24, No. 2, pp. 163-172, 2011; Sydney Law School Research Paper No. 11/76. Available at SSRN: https://ssrn.com/abstract=1950449

Shae McCrystal (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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