Committee on the Application of Standards Commission de l

International Labour Conference

Conférence internationale du Travail

Conferencia Internacional del Trabajo

Committee on the Application of Standards

Commission de l’application des normes

Comisión de Aplicación de Normas

CAN/PV.12/Australia-C.122

08.06.24

112th Session, Geneva, 2024

112

session, Genève, 2024

112.ª reunión, Ginebra, 2024

Australia (ratification: 1969)

Employment Policy Convention, 1964 (No. 122)

Convention (nº 122) sur la politique de l’emploi, 1964

Convenio sobre la política del empleo, 1964 (núm. 122)

Written information provided by the Government

The Government has provided the following written information as well as copies of the

Secure Jobs, Better Pay Act, 2022, the Closing Loopholes No. 2 Act 2024, and the Paid Family

and Domestic Violence Leave Act, 2022.

Active policy designed to promote full, productive and freely chosen employment (Article 1)

The Government’s vision for a stronger and more inclusive economy is set out in Working

Future: The Australian Government's White Paper on Jobs and Opportunities, published on

25 September 2023. Informed by over 400 stakeholder submissions, the White Paper builds on

the outcomes from the September 2022 Jobs and Skills Summit, which brought together

unions, employers, civil society and governments to strengthen tripartism and constructive

social dialogue.

The White Paper sets five ambitious objectives to achieve the Australian Government’s

vision:

• delivering sustained and inclusive full employment;

• promoting job security and strong, sustainable wage growth;

• reigniting productivity growth;

• filling skills needs and building our future workforce;

• overcoming barriers to employment and broadening opportunity.

Employment trends and active labour market measures

The Government has delivered significant employment and workplace relations policy

reforms to address issues including insecure work, unemployment and underemployment.

Australia’s employment service, Workforce Australia, commenced in July 2022. For people

further from the labour market, including the long-term unemployed, Workforce Australia

provides intensive case management delivered by employment service providers. Workforce

Australia includes settings designed to assist the long-term unemployed, such as progress

payments to incentivize providers to improve jobseekers’ employability, and a bonus payment

for providers when they assist a very long-term unemployed jobseeker into work.

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The White Paper contains eight principles for reforming employment services so they

support individuals to meet employment goals and provide pathways towards decent and

secure work, including for First Nations people. Among other issues, the White Paper

acknowledges the challenges faced by the long-term unemployed, including skill atrophy, loss

of motivation and marginalization from the labour market.

On 14 May 2024, the Government responded to these issues in the 2024–2025 budget,

announcing funding for improving employment services to better support the long-term

unemployed and those with complex personal circumstances. This funding includes the Real

Jobs, Real Wages initiative to support people at risk of long-term unemployment into secure

work via a tapered wage subsidy over six months, and the WorkFoundations initiative to assist

people with complex employment barriers to build work readiness, funding social enterprises

and businesses to deliver paid employment placements with tailored, wrap-around supports.

Recent amendments to national industrial relations legislation have addressed insecure

work. Under the Secure Jobs, Better Pay Act, 2022, job security was added to the objectives of

the Fair Work Act, 2009, and the modern awards system, meaning Australia’s workplace

tribunal, the Fair Work Commission, must consider these matters when performing its

functions. Fixed-term contracts, unless an exception applies, are now limited to two years

(including renewals) or two consecutive contracts – whichever is shorter. This ensures

employees are not kept on fixed-term contracts for roles that could be secure ongoing work.

Additionally, the Closing Loopholes No. 2 Act, 2024, introduced an interpretive principle

providing that the terms “employee” and “employer” are determined by assessing the real

substance, practical reality and true nature of the working relationship, in line with the ILO’s

Employment Relationship Recommendation, 2006 (No. 198). This Act also legislated an

objective definition of “casual employee”, so the practical reality of the employment

relationship is relevant, not just the contractual description, and provided a pathway for

eligible casual employees to choose to become permanent. This will particularly benefit

women, who make up 53.1 per cent of casual workers.

Separately, the Act empowered the

Fair Work Commission to set minimum standards for road transport workers and

“employee-like” platform economy workers, also providing these workers with a consent-

based collective agreements framework and dispute resolution for unfair termination or

deactivation.

Youth employment

The Government continues to support young people to gain work experience including

through wage subsidies, observational work experience and volunteer work. In 2022, the

Government strengthened Transition to Work – a targeted service to support disadvantaged

young people at risk of an unsuccessful transition from school to work – through expanded

eligibility criteria to target young people at risk, increases in the maximum time participants

can receive the programme’s assistance (up from 18 to 24 months), stronger engagement

mechanisms to enhance participation, and new performance frameworks for contracted

providers.

Referrals to the Youth Jobs PaTH Internship programme were paused in July 2022 and the

programme was abolished in September 2022, as the programme settings did not meet the

Australian Bureau of Statistics, “Labour Force, Australia, Detailed”, ABS website, Pivot Table EQ04, March 2024.

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Government’s expectations of fair and equitable pay for interns. The National Work Experience

Programme, which had similar programme settings, was also abolished.

In the 2024–2025 budget, the Government announced the establishment of a

“Commonwealth Prac Payment” to support eligible students of teaching, nursing and

midwifery, and social work in higher education and vocational education and training (VET) to

complete their placements. The new Payment will help ease the cost-of-living pressures

experienced by many students when undertaking mandatory practicum placements as part of

their degrees.

In considering future work experience policy and programmes, the Government has

consulted widely with business, unions, individuals, employment services stakeholders and

community organizations. The Employment Youth Advisory Group, with young people aged

16 to 25, also provides advice to the Government and shares insights on how young people

are making the transition between education and work.

Women

Working for Women: A Strategy for Gender Equality, released in March 2024, outlines the

Government’s vision for gender equality, with women’s economic equality and security a

priority area of the Strategy. Core to driving gender equality is gender-responsive budgeting

which puts consideration of issues that impact gender at the heart of policy design and budget

decisions across Government’s policies and investments.

Workplace relations reforms have centred gender equality in workplace relations systems,

improving equity, safety and economic security for women. These include banning pay secrecy

clauses, prohibiting sexual harassment in connection with work, and strengthening access to

unpaid parental leave and flexible work helping parents to balance work and care. The

Government has also introduced new protected attributes (personal characteristics that

cannot be used as a basis for discrimination) in the Fair Work Act, 2009, including

breastfeeding, gender identity, subjection to family and domestic violence, and intersex status.

In 2023, the Paid Family and Domestic Violence Leave Act, 2022, came into effect providing

an entitlement to ten days paid family and domestic violence leave. This entitlement is

applicable to all Australian employees including casuals, recognizing that women experiencing

family and domestic violence are more likely to be employed in casual and insecure work. This

measure followed Australia’s ratification of the ILO’s Violence and Harassment Convention,

2019 (No. 190).

In Australia there are various mechanisms which can result in wage increases, including

work value cases, equal remuneration orders and the Annual Wage Review. The Government

has established new expert panels in the Fair Work Commission to hear applications for pay

equity and modern award matters in the Care and Community Sector. The addition of gender

equality to the minimum wages and modern awards objectives in the Fair Work Act, 2009,

significantly influenced the wage rise in the 2022–2023 Annual Wage Review. Australia’s aged

care workers have also been awarded increases of up to 28.5 per cent through a work value

case. A key determinant in awarding this increase was the historical undervaluation of care

work because of gender-based assumptions.

Elsewhere, amendments to the Workplace Gender Equality Act, 2012, have enabled the

Workplace Gender Equality Agency to drive transparency and action by publishing the gender

pay gap of employers with 100 or more employees. This occurred for the first time in

February 2024.

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Indigenous peoples

The Government remains committed to realizing the Closing the Gap targets designed to

reduce disparities between First Nations people and the rest of the population in fundamental

areas of life.

Workforce Australia operates across all non-remote areas in Australia to support First

Nations participants into work. This includes 16 providers with Indigenous Specialist Licences,

special provision for training and mentoring through the Employment Fund, and immediate

eligibility for wage subsidies of up to 10,000 Australian dollars.

Reforms contained in the White Paper include ensuring services are designed and

delivered in a culturally responsive and inclusive way that meets First Nations communities’

needs, and boosting the participation of Aboriginal and Torres Strait Islander

community-controlled organizations, and community-based organizations, in the delivery of

employment services.

The Government has provided funding to support the National Indigenous Employment

and Training Alliance (NIETA), a group of First Nations organizations delivering employment

and training services across Australia. NIETA was established to strengthen First Nations voices

in employment policy, programme design and implementation, and shape further

improvements to employment services and training supports to meet the needs of First

Nations people. The Government continues to support NIETA as a critical stakeholder in

employment service reforms across both remote and non-remote areas.

The Government has committed to replacing the Community Development Program

(CDP) with real jobs, proper wages and decent conditions – developed in partnership with First

Nations people. As a first step, the Government announced a commitment to implement a new

Remote Jobs and Economic Development Program (RJED), to start in the second half of 2024.

The RJED will support people in remote communities to move into employment by funding

meaningful jobs that communities want. Eligible community organizations will be funded to

create new jobs to employ local people at least with the minimum wage and conditions.

As not everyone will be ready to enter employment or may require other support services,

a remote employment service will still be needed. CDP services will continue through an

extension of most CDP provider agreements until 30 June 2025 while RJED is scaled up and a

new remote employment service is developed.

The Indigenous Skills and Employment Program (ISEP) is a new First Nations-specific

employment programme that aims to connect First Nations people to jobs, career

advancement opportunities, new training and job-ready activities. ISEP projects are designed

with community and key stakeholders to ensure that activities respond to the local context,

leverage opportunities and deliver sustainable employment outcomes.

In addition, the Government will invest 76.2 million Australian dollars over five years in a

new employment programme to improve the transition from prison to work for First Nations

people, building on the Time to Work Employment Service.

Participation of the social partners in the formulation and implementation of employment

policies

The Government continues to meaningfully engage with a broad range of stakeholders

and social partners on employment and workplace relations issues and policies. Government,

employers and unions worked together at the September 2022 Jobs and Skills Summit, leading

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to the Employment White Paper. The Government also consults with social partners through

regular sectoral and industry forums such as the National Construction Industry Forum.

As outlined in the White Paper, the Government is committed to designing and delivering

employment services through collaboration with people, community and businesses, including

social partners. The Government has demonstrated its belief in working with stakeholders,

including social partners, through the recent design of the new voluntary pre-employment

service for parents, the policy development of the WorkFoundations initiative, and the design

of the new employment programme to improve the transition for First Nations people from

prison to work. It remains committed to these projects, going forward.

In March 2024, the Government announced a Ministerial Advisory Board for Jobs and Skills

Australia (JSA), an expert agency that provides independent advice on current and emerging

labour market and workforce needs. Consistent with the commitment that JSA will operate as

a tripartite partnership, the Ministerial Advisory Board ensures a voice for social partners to

address skills, labour market and workforce development needs. Moreover, the Government

has established industry-specific Jobs and Skills Councils, bringing together employers, unions

and governments in a tripartite arrangement to find solutions to skills and workforce

challenges.

Consultation on employment and labour policies continues at the state and territory level.

For example, the South Australian Skills Commission established ten Industry Skills Councils to

provide a mechanism for businesses, peak industry associations and social partners to discuss

skills and workforce needs with local government.

The social partners were consulted in the preparation of this report.

Discussion by the Committee

Chairperson – I invite the Government representative of Australia, the Assistant

Secretary, Economics and International Labour, Department of Employment and Workplace

Relations, to take the floor.

Government representative – Australia acknowledges the important role of the

Committee of Experts and this Committee within the ILO supervisory system. Ensuring the

effective application of international labour standards is critical to achieving our shared

objective of sustained and inclusive economic growth, full and productive employment and

decent work for all.

The Government remains committed to meeting our obligations under the Convention

and to working with social partners to ensure that employment policy in Australia supports a

dynamic and inclusive labour market in which people have the opportunity for secure, well-

paid jobs and where workers, employers and communities can thrive and adapt.

The information presented today, and the written information submitted to the Office on

20 May 2024, responds directly to the observations made by the Committee of Experts to

Australia. The Australian Government looks forward with interest to receiving the Committee’s

conclusions.

Since 2021, the Australian Government has implemented significant new reforms to

enhance employment policy, as our nation recovers from the impacts of the COVID-19

pandemic and adjusts to structural changes in our labour market.

In September 2023, the Government released its Working Future: the Australian

Government’s White Paper on Jobs and Opportunities. The White Paper articulates the

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Government’s vision for a strong and inclusive economy and serves as a road map to meeting

future labour market needs in Australia.

It draws on extensive stakeholder and community consultation, including outcomes from

the tripartite Jobs and Skills Summit held in 2022, and among its objectives is a focus on

delivering sustained and inclusive full employment.

To achieve this, the White Paper identifies strategic priorities for employment services

reform in Australia, to support people into decent and secure work, and to overcome the

complex barriers to workforce participation, particularly for those who have experienced

entrenched disadvantage.

Turning now to the specific matters raised by the Committee or Experts and others, we

will share some key developments since the last reporting period.

The Committee sought clarification as to how various issues including unemployment,

underemployment and insecure work are considered and implemented in Australia’s

policymaking and implementation settings.

In 2022, the new employment service – Workforce Australia – commenced. It includes a

digital service to support job-ready jobseekers, and an intensive case management service for

jobseekers who require more tailored support to enter the labour market. This includes

mechanisms designed to assist the long-term unemployed such as progress payments to

incentivise providers to improve job seekers’ employability, and a bonus payment for providers

when they assist a very long-term unemployed job seeker into work.

Enhancements to these settings were recently announced in the 2024–25 budget,

reflecting further commitment and investment by the Government to creating meaningful and

sustainable paid employment pathways.

The Government has also made significant amendments to our labour laws to strengthen

workplace protections, job security and access to fairly paid work.

This includes the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 aimed

at strengthening a person’s job security, pay and conditions, regardless of their employment

status. Amendments relating to casual workers were enacted, introducing a fair and objective

definition of casual workers in the Fair Work Act, and providing a clearer pathway for casuals

to move to permanent employment should they choose to do so.

A further measure designed to address insecure work will commence on 26 August 2024,

at which time the Fair Work Commission – Australia’s national workplace tribunal – will be able

to set minimum standards for employee-like workers and provide protection from unfair

dismissal from a digital labour platform. Additionally, under the Secure Jobs, Better Pay Act

2022, the Fair Work Commission must now consider job security and secure work in its

decisions.

The Committee also made observations in the context of the Convention with respect to

population groups in Australia, including youth, women and Indigenous Australians. Since this

time, measures to enhance Australia’s youth employment programs have been introduced.

In 2022, the Government strengthened the Transition to Work service (TtW), the targeted

service to support disadvantaged young people at risk of an unsuccessful transition from

school to work. This included expanding the eligibility criteria for the program to target young

people with more complex barriers to education and employment, as well as increases to the

maximum time participants can receive assistance through the TtW program from 18 to 24

months. Likewise, stronger engagement mechanisms were introduced to increase

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participation, and changes to the performance frameworks implemented for the contracted

providers.

In response to stakeholder feedback and reflecting the Government’s own expectations

around providing fair and equitable pay and conditions for interns, the Youth Jobs PaTH

(Prepare, Trial, Hire) programme was abolished in October 2022. Increasing women’s

economic security has remained a national focus in Australia. Recent legislative and policy

developments are aimed at ensuring women have access to safe, secure and fairly paid

employment and centre gender equality in workplace relations systems. For instance, the Fair

Work Act 2009 was amended to embed the principles of job security and gender equality in the

Fair Work Commission’s decision-making processes and ensuring they are given appropriate

weight alongside other objectives, such as productivity and economic growth, throughout the

workplace relations framework.

Gender equality has also been included in the minimum wages objective to ensure that

equal remuneration, gender-based undervaluation, and gender pay gaps are considered in

wage-related matters, including the Annual Wage Review. Other reforms include, but are not

limited to, banning pay secrecy clauses, prohibiting sexual harassment in connection with

work, and strengthening access to unpaid parental leave and flexible work helping parents to

balance work and care.

We now turn to the Committee of Experts’ comments regarding employment policies to

support Australia’s First Nations peoples. The Australian Government is striving to ensure that

First Nations peoples have the opportunity to fully participate in employment and training and

benefit from areas of economic growth and development across Australia, fostering self-

determination and economic empowerment. The Government is committed to working in

genuine partnership with First Nations peoples to ensure they have safe, ongoing and well-

paid work with the skills needed for a sustainable future and full engagement in economic

opportunities, fostering self-determination and economic empowerment. We will continue to

implement the Closing the Gap Priority Reforms, including those that contribute to the

economic empowerment of First Nations peoples in Australia. To stay on track in meeting this

objective, the Government is implementing key employment reforms supporting First Nations

Australians. Strengthening partnerships with First Nations peoples in policy development and

the design of programs which will enable employment and training policies to be effective in

supporting the aspirations, needs and self-determination of First Nations peoples in Australia.

Through Workforce Australia, employment services are delivered to First Nations participants

across all non-remote areas of Australia.

First Nations consultation and collaboration is being strengthened by the National

Indigenous Employment and Training Alliance (NIETA), a group of First Nations organisations

delivering employment and training services across Australia. The new Indigenous Skills and

Employment Program (ISEP) is a First Nations-specific employment program that aims to

connect First Nations people to jobs, career advancement opportunities, new training and job-

ready activities. Projects are developed with the local community before implementing them,

leveraging the strengths, interests and needs of local First Nations community. A new Remote

Jobs and Economic Development Program will be implemented later this year. Developed in

partnership with First Nations peoples, this program will support people in remote

communities to move into employment by funding meaningful jobs, with proper wages and

decent conditions.

Finally, we note the reflections of the Committee of Experts on the Australian

Government’s consultation with social partners in the development of employment policy. The

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Australian Government continues to meaningfully engage with a broad range of stakeholders

and social partners on employment and workplace relations issues and policies. The outcomes

of the 2022 Jobs and Skills Summit highlighted the value of tripartite collaboration at the

national level. Regular sectoral and industry forums also enable consultation with social

partners.

The recent design of the new voluntary pre-employment service for parents, the policy

development of the WorkFoundations initiative, and the design of the new employment

program to improve the transition for First Nations peoples from prison to work, further

illustrate our commitment to ensuring that the views of social partners are taken into account

in the formulation of employment policy in Australia.

To conclude, Australia reiterates the view that we comply with our obligations under the

Convention. We are confident that the combination of employment service programs, labour

laws and policies outlined today and developed in consultation with social partners and civil

society, illustrate full compliance with the articles of the Convention and its objectives. We look

forward to hearing views shared during this discussion and the Committee’s conclusions.

Employer members – Thank you to the Government of Australia for your oral and written

information on the case which has been taken with good note. The Employer members

stressed the importance of States’ compliance with the Convention, a so-called governance or

priority Convention. The Employer members firmly believe that compliance with the

Convention is critical to ensuring meaningful opportunities for both workers and business, and

also to ensuring the broader effectiveness of the ten core ILO Conventions.

Australia ratified the Convention in 1969. This is the first time that this case has been heard

at the Committee but 15 observations have been issued in the case, though I am not going to

spend time going through each year. In addition, 11 direct requests have also been issued on

this case but again I am not going to spend time identifying each year. This case also quite

critically exists within the broader context of fundamental and extensive changes to Australia’s

governing labour and employment legislative scheme, which the Australian Government has

taken note of in its observations. It is often instructive to review the text of the applicable

Convention. Here, Article 1 of the Convention states, in the relevant part, that, and I am quoting

here: “each Member shall declare and pursue, as a major goal, an active policy designed to

promote full, productive and freely chosen employment” and that this policy “shall aim at

ensuring that – (a) there is work for all who are available for and seeking work; (b) such work

is as productive as possible; (c) there is freedom of choice of employment and the fullest

possible opportunity for each worker to qualify for, and to use his skills and endowments in, a

job for which he is well suited ”.

The text and import of the Convention are fundamental to any meaningful analysis of this

case. The text and import of the Convention highlight that we must assess here, first: whether

and to what extent certain Australians are, or were, “available for and seeking work”?

Second, what it means to have such work be “as productive as possible,” who should make

that value judgement, whether so-called “non-standard” or “casual” work can legitimately be

claimed to be insufficiently “unproductive” to run afoul of the Convention?

Third, whether “casual” or “non-standard work” actually reflects workers’ free choice to

employment in a job for which they are “well suited”?

And fourth, whether Australia has genuinely endeavoured to fulfil its obligations under

the Convention, particularly as the impact of fresh and transformative laws and initiatives

remain very much in flux?

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These are complex and subjective questions that require and deserve a diversity of

perspectives to meaningfully resolve.

Turning to the issues. The Committee of Experts has identified the following issues which

I will address in turn.

First, the Australian Council of Trade Unions (ACTU) has observed that the Australian legal

framework encourages the use of non-standard work arrangements. Although the ACTU also

rightly acknowledges that these forms of employment can have legitimate purposes, it

nonetheless avers that employers use these structures “to avoid the responsibilities associated

with a permanent ongoing employment relationship” – I am quoting from the ACTU’s

observations.

Again, and there is more to say here, the Employer members believe that individuals’

decisions to choose to be employed in so-called “casual” arrangements deserve significantly

more credence. There are any number of legitimate and appropriate reasons for making these

choices that do not provoke any concern under the Convention.

Moreover, we note that the Government has reported that, through its Closing Loopholes

Act of 2024, it is endeavouring to interpret the terms “employee” and “employer” through the

practical realities of an applicable working relationship, and to define the term “casual

employee” to focus on practical realities in lieu of applicable contractual language.

Next, the ACTU claims that the Youth Jobs PaTH programme fails to provide meaningful

qualifications to participants, while also excluding them from protection under the

occupational health and safety (OSH) legislation.

The Committee of Experts has, in its comment, done a good job of recounting the far more

complex picture relating to youth unemployment in Australia, including certain other

programmes that are directed at supporting young Australians. More broadly, and I think this

is critical, the problem of youth unemployment is not specific to Australia, and it remains a

complex problem in many other States.

Moreover, the Government has reported to this Committee that the Youth Jobs PaTH

internship programme was abolished in September 2022 because, per the Government: the

programme “did not meet the Government’s expectations around fair and equitable pay for

interns”. It would also appear, from the Government’s submission and its comments today,

that other youth employment programmes have been implemented after due consultation

with the social partners.

Next, the ACTU has claimed that women are over-represented in insecure and low-paid

jobs. We note here with interest that the Australian Government has published Working for

Women: A Strategy for Gender Equality, in March 2024, which outlines certain budgetary

measures designed to facilitate women’s economic equality and security, along with outlining

certain relevant legislative measures and, in particular, the Paid Family and Domestic Violence

Leave Act.

We further note the Government’s submission describing its new expert panels in its Fair

Work Commission for pay equity and modern award matters in the care and community sector,

and other efforts to better ensure gender pay equity like amendments to the Workplace

Gender Equality Act that have empowered the Workplace Gender Equality Agency to publish a

gender pay gap of employers with 100 or more employees.

We welcome these developments as Employer members, but we, nonetheless, request

that the Government continue providing information on policy and technical measures that

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are aimed at increasing both the employment quality and quantity of work for women at the

national level.

With respect to First Nations peoples, the ACTU has also criticized the Community

Development Programmes (CDP) for providing low-quality jobs.

For its part, both today and in its written submission, the Government has indicated an

intention to replace the CDP with “real jobs, proper wages and decent conditions – developed

in partnership with First Nations People” and to begin a new Remote Jobs and Economic

Development Program (RJED) to start later this year and the Indigenous Skills and Employment

Program (ISEP).

The Government has also pledged to invest $76.2 million over five years to improve the

transition from prison to work for First Nations peoples.

Again, we again welcome these developments but the Employer members, nonetheless,

request that Australia provide further detail on these issues.

Finally, the ACTU contends that the Government failed to consult it regarding employment

policies. We note here, again, the Government’s substantial efforts to consult with a wide array

of stakeholders, including an expert advisory panel comprised of employer, provider, and

welfare group representatives. We further take note of the Government’s submission that, in

March 2024, it announced a Ministerial Advisory Board for Jobs and Skills Australia, which has

committed to operate in a tripartite fashion.

To the extent that the Committee here, nonetheless, believes that social partners have

not been sufficiently consulted, we would align with a recommendation for the Government to

better ensure that this specific consultation be conducted. We look forward to hearing the

views of our groups on this case.

Worker members – This is the first time we are discussing this case regarding Australia’s

application of the Convention. In the observations of the Committee of Experts, the

Government is requested to provide information on the following:

• On employment trends and active labour market trends, the use of non-standard work

arrangements with no pathways to higher-quality jobs.

• On youth employment, the exclusion of youth employment programs from the protection

of OSH legislation, the failure of Youth Jobs PaTH programme to provide meaningful

qualification to participants, and potentially displacing wage-paying jobs.

• On the employment of women, the over-representation of women in insecure, low-paid jobs

and the lack of adequate paid parental leave and affordable childcare options forcing

women into part-time jobs.

• On indigenous peoples, the CDP and its provision of low-quality jobs to participants who

identify as indigenous. The CDP workers are not classified as workers, receive wages well

below the minimum wage and are not protected under OSH protections, annual leave and

sick leave.

• The failure of the Government to consult the ACTU on matters of employment policies.

We thank the Government for providing additional information after the publication of

the longlist which highlights the progress that has been made to addressing the issues raised

by the ACTU in 2021, in line with the Convention.

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We take note that, according to the Government, it published the Australian Government’s

White Paper on Jobs and Opportunities, published on 25 September 2023, which took into

account information received from over 400 stakeholder submissions. The White Paper also

builds on the outcomes from the September 2022 Jobs and Skills Summit. The Summit brought

together unions, employers, civil society and governments to strengthen tripartism and

constructive social dialogue.

According to the Government, the White Paper sets five ambitious objectives to achieve

the Australian Government’s vision:

1. delivering sustained and inclusive full employment;

2. promoting job security and strong, sustainable wage growth;

3. reigniting productivity growth;

4 filling skills needs and building our future workforce;

5. overcoming barriers to employment and broadening opportunity.

According to the Government they have delivered significant employment and workplace

relations policy reforms to address issues including insecure work, unemployment and

underemployment.

Australia’s employment service, Workforce Australia, commenced in July 2022. They

provide people that are further from the labour market, including the long-term unemployed,

with intensive case management delivered by employment service providers.

The White Paper also contains principles for reforming employment services, so they

support individuals, including First Nations peoples, to meet employment goals and provide

pathways towards decent and secure work.

Regarding challenges faced by the long-term unemployed including skill atrophy, loss of

motivation and marginalization from the labour market, the Government indicated that it is

providing funding for improving employment services to better support the long-term

unemployed and those with complex personal circumstances.

The recent amendments to the national industrial relations legislation are also aimed at

addressing the challenges posed by insecure work. Under the Secure Jobs, Better Pay Act, 2022,

job security was added to the objectives of the Fair Work Act, 2009 and the modern awards

system, meaning Australia’s workplace tribunal, the Fair Work Commission, must consider

these matters when performing its functions. The Closing Loopholes No. 2 Act, 2024 is also

aimed at providing necessary safeguards to deal with insecure and precarious employment.

The ILO’s Employment Relationship Recommendation, 2006 (No. 198), provides useful

guidance in this regard.

On Youth employment, according to the Government, they continue to support youth to

gain work experience including through wage subsidies, observational work experience, and

volunteer work. In 2022, the Government strengthened the TtW – a targeted service to support

disadvantaged young people at risk of an unsuccessful transition from school to work.

Regarding the Youth Jobs PaTH Internship programme, the Government indicated that it

was paused in July 2022 and that the programme was abolished in September 2022, as the

programme settings did not meet the Government’s expectations around fair and equitable

pay for interns. The National Work Experience Programme (NWEP), which had similar

programme settings, was also abolished.

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According to the Government, it has announced the establishment of a “Commonwealth

Prac Payment” to support eligible teaching, nursing and midwifery, and social work students

in higher education and vocational education and training (VET), complete their placements

which among others will also help ease the cost-of-living pressures experienced by many

students when undertaking mandatory practicum placements as part of their degrees.

On the issue raised regarding working women, the Government stated that in March this

year it released a Strategy for Gender Equality, which outlines the vision for gender equality,

with women’s economic equality and security as a priority area of the Strategy. The

Government has also introduced new protected attributes in the Fair Work Act, 2009, including

breastfeeding, gender identity, subjection to family and domestic violence, and intersex status.

In 2023, the Paid Family and Domestic Violence Leave Act, 2022, which provides an entitlement

to ten days paid family and domestic violence leave, was created. This entitlement is applicable

to all Australian employees including casual workers, recognizing that women experiencing

family and domestic violence are more likely to be employed in casual and insecure work.

According to the Government, the measure followed Australia’s ratification of the ILO’s

Violence and Harassment Convention, 2019 (No. 190).

In Australia there are various mechanisms which can result in wage increases, including

work value cases, equal remuneration orders and the Annual Wage Review. The Government

has established new expert panels in the Fair Work Commission to hear applications for pay

equity and modern award matters in the care and community sector. The addition of gender

equality to the minimum wages and modern awards objectives in the Fair Work Act, 2009,

significantly influenced the wage rise in the 2022–23 Annual Wage Review. Australia’s aged

care workers have also been awarded increases of up to 28.5 per cent through a work value

case. A key determinant in awarding this increase was the historical undervaluation of care

work because of gender-based assumptions.

There have also been amendments to the Workplace Gender Equality Act, 2012, which has

enabled the Workplace Gender Equality Agency to drive transparency and action by publishing

the gender pay gap of employers with 100 or more employees. This took place for the first time

in February 2024.

Regarding indigenous peoples, the Government has expressed its commitment to

realizing the Closing the Gap targets, designed to reduce disparities between First Nations

peoples and the rest of the population in fundamental areas of life. The Government’s White

Paper contains measures to ensure services are designed and delivered in a culturally

responsive and inclusive way that meets First Nations communities’ needs and boosting the

participation of Aboriginal and Torres Strait Islander community-controlled organizations, and

community-based organizations, in the delivery of employment services.

We urge the Government to, as it has indicated, replace the CDP with real jobs, proper

wages and decent conditions – developed in partnership with First Nations peoples.

Finally, we note that the Government has committed to continue to meaningfully consult

and ensure the participation of the social partners in the formulation and implementation of

employment policies.

The Convention is aimed at stimulating economic growth and development, raising levels

of living, meeting workforce requirements and overcoming unemployment and

underemployment, obliging each Member State to declare and pursue, as a major goal, an

active policy designed to promote full, productive and freely chosen employment.

 CAN/PV.12/Australia-C.122

In applying the Convention, representatives of the persons affected by the measures to

be taken, and in particular representatives of employers and workers, are to be consulted

concerning employment policies, with a view to taking fully into account their experience and

views and securing their full co-operation in formulating and enlisting support for such

policies. We appreciate that the Government is taking steps in this direction and welcome the

efforts.

Employer member, Australia – It is the view of Australian employers that Australia

complies with the Convention. I am surprised that Australia has been selected among the cases

to be examined by the Committee of Experts, considering our view of compliance is shared by

Australian workers and, of course, by the Australian Government.

A key point of difference we have with our Worker friends, however, is our view that

Australia has consistently complied with the Convention. We did not share the views of the

ACTU in 2021. My surprise that Australia is being examined today is not based solely on the

shared view of compliance. The Committee need only look at Australia’s recent employment

trends and labour market measures. Unemployment in my country remains at around 4 per

cent. Job vacancies remain high, almost double their pre-COVID levels, with employers

struggling to find people with the right skills for unfilled positions. In trend terms, we are also

seeing strong growth in full-time employment.

Employers are responding to labour and skills shortages by retaining workers where they

can and offering more full-time employment to those with the right skills. While more can

always be done, Australian employers appreciate measures implemented by consecutive

governments to boost the workforce participation of women, young jobseekers, the long-term

unemployed, those living in regional communities, those with a disability and First Nations

peoples. These policies help to promote full, productive and freely chosen employment, as

required by Article 1 of the Convention.

I thank the Australian Government for the information it has provided to the Committee

on recent actions it has taken in furtherance of the principles of the Convention. We are

particularly encouraged by the establishment of Jobs and Skills Australia to provide

independent advice on current, emerging, and future workforce, skills and training needs.

Operating as a tripartite partnership, both my organization, the Australian Chamber of

Commerce and Industry (ACCI), and the ACTU hold key positions on the Jobs and Skills Australia

Ministerial Advisory Board. This body is evidence that tripartism is alive and well in Australia,

in compliance with Article 3 of the Convention, and is only just one such an example.

It is through such forums which we continue to push for greater support to be provided

to the long-term unemployed and young jobseekers, particularly through investment in

apprenticeships and other training programmes.

While we are broadly supportive of the efforts of the Government to boost workforce

participation, Australian employers have significant concerns about the impact of its recent

industrial relations changes. Recent changes to casual employment, to labour hire and to

independent contracting make it harder for business to source the labour they need.

We urge the Government to take note of Article 2 of the Convention which refers to

freedom of choice of employment and to recognize that diverse forms of work are desired by

many workers for the flexibility they provide. In fact, flexibility is essential to boosting the

workforce participation of many of the categories I have already listed, including women and

young jobseekers in particular.

 CAN/PV.12/Australia-C.122

Worker member, Australia – I thank you for the opportunity to make an intervention on

behalf of the ACTU. The ACTU is the sole peak trade union body in Australia, representing over

1.7 million workers. In 2021 we made a submission to the Committee of Experts highlighting

our concerns that the Australian Government was not fulfilling its obligations under the

Convention to pursue an active policy to promote full, productive, and freely chosen

employment, including in consultation with the social partners. We raised the prevalence of

insecure work, underemployment, and unemployment, and the lack of active labour market

policies to address these problems, as a key reason Australia was failing to meet its obligations

under the Convention.

Since we made our submission to the Committee of Experts, however, the previous

coalition Government was defeated at a general election and the Australian Labour Party

Albanese Government took office in May 2022. The new Government has undertaken a range

of significant reforms in consultation with the social partners that have closed the loopholes

that existed in Australia’s industrial relations framework and in our view are in line with the

Convention.

Secure jobs are critical to realizing decent work – workers need to have secure, predictable

income and hours of work in order to plan and enjoy a good quality of life and eliminate the

vulnerabilities that create conditions for forced labour and the slippery slope of labour

becoming a commodity – contrary to the Constitution of the ILO. The cost-of-living crisis makes

addressing the rise of insecure work even more urgent – workers need reliable jobs so that

they can have reliable incomes and prevent a situation of highly unequal society that threatens

social cohesion and harmony.

Work has become increasingly more precarious. New forms of work have emerged where

millions of workers are now engaged outside of the protections that are meant to be afforded

under the Fair Work Act – Australia’s principal industrial relations law. Our laws have not kept

pace with the changing nature of work, and employers were increasingly restructuring,

reorganizing, or using technicalities to avoid the responsibilities of a permanent employment

relationship – and shift the costs and risks onto the worker.

The most prevalent form of insecure work in Australia is what is known as “casual

employment” – a worker engaged on a casual basis is supposed to be someone who works

irregular or unpredictable hours and with no firm commitment of future work. They have no

paid leave entitlements and limited job security, and in return, a casual employee is supposed

to receive a loading – usually 25 per cent extra pay – on top of their base rate of pay, and a

partial right to decline requests by their employer to work. But even with the 25 per cent

loading, permanent workers still earn 11 per cent more than casuals.

More than 2.7 million workers in Australia are engaged in casual work arrangements – or

a little under one in four employees. Casual work is highly concentrated in lower paid,

feminised industries – for instance in care and support work. Most casual workers are women,

and 40 per cent of casual workers are between the ages of 15–24.

There is nothing casual about casual work, however, as the majority of casual employees

work every week and have been in their job for over one year. The continual use of casual

employment, where ongoing, regular work occurs, is a major contributor to the rising lack of

secure employment in Australia. The former Government introduced a loophole that enabled

an employer to call any worker a casual, even if they worked ongoing, regular hours.

 CAN/PV.12/Australia-C.122

The current Government, however, has recently undertaken a number of reforms to

address the crisis of insecure work. These changes include:

• Adding “job security” as a central objective of the Fair Work Act, meaning that Australia’s

workplace tribunal, the Fair Work Commission, must consider the objective of job security

when performing its functions.

• Restricting the use of fixed-term contracts to two years or two consecutive contracts

(whichever is shorter).

• Legislating a definition of ‘casual employee’ that takes into account the reality of the

employment relationship and providing a pathway for a casual worker to convert to

permanency.

• Ensuring that labour hire workers receive the same pay as directly employed workers on

agreements doing the same work.

• Enabling “employee-like” workers engaged by a digital labour platform to be covered by

minimum standards and allowing workers to challenge “unfair deactivations”.

There are a number of other reforms the Government has recently undertaken that are

in line with the Convention, including measures to improve women’s workforce participation,

such as:

• Adding “gender equality” as a central objective of the Fair Work Act.

• Strengthening the right to request flexible working arrangements and giving the Fair Work

Commission additional powers to arbitrate over flexible work requests – which will enable

women and parents to better balance work and care and improve their workforce

participation.

• Addressing women’s safety at work by introducing a prohibition on sexual harassment in

the Fair Work Act and strengthened protections against discrimination.

• Measures to close the gender pay gap, including:

 introducing multi-employer bargaining in female-dominated industries, such as aged

care and early childhood education and care;

 pay increases for aged care workers to account for the historic undervaluation of care

work;

 introducing superannuation on paid parental leave; and

 prohibiting pay secrecy clauses in employment contracts that hide pay discrimination

against women and giving workers the right to disclose their remuneration.

The Government has also taken action to address two other key issues we raised in our

comments to the Committee of Experts regarding two exploitative employment programmes:

• They have abolished the Youth Jobs PaTH internship programme which exploited young

workers and displaced wage-paying jobs.

• They have committed to replacing the exploitative CDP, which was primarily targeted at

Aboriginal and Torres Strait Islander peoples in remote areas, with a programme developed

in consultation with First Nations peoples.

 CAN/PV.12/Australia-C.122

Finally, to note the actions the Australian Government has taken in line with Article 3 of

the Convention, which requires Member States to consult with employers’ and workers’

representatives regarding employment policies. The Government undertook an extensive

consultation process with the development of its employment White Paper which outlines a

comprehensive employment strategy, building on the outcomes of the Jobs and Skills Summit

held in 2022 that brought together the social partners and other stakeholders to discuss

employment policy. A key reform in this area is the establishment of the tripartite, statutory

body Jobs and Skills Australia to provide advice on workforce, skills and training needs, with a

Ministerial Advisory Board with representation from the social partners. We welcome this

inclusive and consultative approach by the Government of Australia in this regard.

All of these measures will strengthen protections for workers and promote job security,

but the full benefit of these reforms will take time. While noting the enormous progress made

under this new Government, there is still more that must be done to progress towards the goal

of full, productive and freely chosen employment for all, including:

• Further action to eliminate the pay gap between Aboriginal and Torres Strait Islander

workers and non-indigenous workers, and improve job security and employment rates for

indigenous workers.

• Further expanding and improving paid parental leave, and further steps to close the gender

pay gap and remove barriers to women's workforce participation.

• Abolishing youth wages and unpaid internships.

• Increasing social security payments to ensure that jobseekers and others receiving social

security are able to keep up with the rising cost of living and live in dignity.

Worker member, United Kingdom of Great Britain and Northern Ireland – Despite the

vast geographical distance that lies between us, the world of work in the UK and Australia has

many similarities. The Committee of Experts’ notes aspects of the 2021 ACTU observations that

are familiar to workers in the UK: problems of insecure work, inequality, youth unemployment

and the lack of meaningful consultation with social partners, are all issues my organization,

the Trade Union Congress (TUC), has often raised. So, we have looked into this particular case

with great interest.

We recognize the ACTU’s concerns that, in 2021, insecurity was a growing problem,

leading to lower pay, underemployment and the lack of access to workers’ rights available to

those with more secure employment. Insecure work affected 24 per cent of Australia’s workers.

At the same time, youth unemployment was at a 30-year high, suggesting that casualization

of work was having a deleterious effect on potential new workers attempting to enter the

labour market. Access to the full range of rights was restricted for many women, with only

43 per cent of women in a full-time permanent job, with entitlements such as paid sick leave,

which many workers in the group of industrialized market economy countries (IMEC) nations

might take for granted.

Our own experience of insecure work shows that casualization – and in our context

particularly zero-hours contracts, through which workers risk missing out on access to key

rights and protections at work, lack income security and face lower rates of pay – often

disproportionately effects women and minority groups and, especially, women from minority

groups. It is therefore encouraging to see the range of initiatives brought in by the Australian

Government since 2022 aimed at eradicating barriers to full time, permanent work for women,

such as the right to request flexible working, introducing better protections against sexual

harassment and increasing pay transparency. The TUC is a strong advocate of pay

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transparency, including pay gap reporting not only on gender, but also race and disability, as

a driver towards equitable pay.

Similar to Australia in 2021, the UK currently has a high persistent youth unemployment

rate at around 15 per cent. Therefore, we will watch with interest to see if recent Australian

Government policy reforms continue to drive lower rates in Australia, with rates having fallen

from 13 per cent at the time of the ACTU report to under 10 per cent now. Young workers in

the UK are also far more likely than other workers to be on zero-hours contracts, so Australian-

style restrictions on casualization would also be of benefit at home.

As always, the presence of trade unions mitigates against inequality and exploitation, so

we welcome the Australian Government’s moves to allow increased union access to

unorganized workplaces and the right to represent the interests of potential members,

allowing a huge increase in the number of workers who can benefit from unions’ proven track

record of improving conditions.

Article 3 of the Convention states that “In the application of this Convention,

representatives of the persons affected by the measures to be taken, and in particular

representatives of employers and workers, shall be consulted concerning employment

policies, with a view to taking fully into account their experience and views and securing their

full co-operation in formulating and enlisting support for such policies.”

It is heartening, therefore, to see Australian initiatives like Jobs and Skills Australia, which

are an excellent reflection of the Convention, as it does in the Government’s words take “a

tripartite approach with state and territory governments, industry, employers, unions and

training providers, promoting a training system that meets the needs of employees, employers

and the economy”.

Structured tripartite consultative mechanisms, which can make social partnership

tangible and are fully able to positively impact conditions and ensure decent work, are always

to be welcomed.

We live in a crisis of insecurity on both sides of our planet, and many places besides.

Without the values enshrined in the Convention, including the preamble’s objective of “just and

favourable conditions of work”, the world of work may continue to fragment and deliver poor

outcomes for working people. The principles of social dialogue (underpinned, of course, by the

freedom of association and the right to collective bargaining), can, through structured

tripartite consultation and sectoral agreement, begin the process of addressing and reversing

this trend. Efforts to end gender, race and disability-based pay disparities, and to equalize

rights and conditions for workers on different types of contracts, will erode inequalities. And

addressing youth unemployment and insecurity through serious efforts to boost skills and

create decent jobs, rather than through schemes which rely on making young people work for

nothing, would be welcome in both hemispheres.

The workers of the UK will continue to watch Australia with interest, and not a little hope

for the future.

Worker member, Canada – Canada’s workers welcome the Australian Government’s

updated information regarding recent steps taken to promote full employment and address

insecure work, youth, women’s and indigenous employment and consultation with social

partners on employment policy.

 CAN/PV.12/Australia-C.122

The Convention requires Member States to declare and pursue an active employment

policy designed to promote full, productive and freely chosen employment, where each worker

has the fullest possible opportunity to participate in the workforce, irrespective of sex.

Member States need to ensure that the employment policy has measures to ensure

women’s workforce participation and economic equality. It is well understood that working

women today, on average, earn less than men, have less job security and retire with less

income. They are more likely to be doing more unpaid care and making sacrifices in their

careers, to balance family and work. They are also more likely to be subject to sexual

harassment, assault and violence, and treated less favourably on the basis of their gender.

We note the positive steps the Government has taken to address women’s economic

inequality. In particular, I want to highlight the measures the Government has taken regarding

gender-based violence and harassment in the world of work, which can be a key barrier to

workforce participation. As such, governments must give consideration to measures to

address gender-based violence and harassment, in order to fulfil their obligations under the

Convention. We can see the interrelationship here, between Convention No. 190, which I note

Australia ratified in 2023.

Measures Australia has taken, include reforms to the Sex Discrimination Act in 2022, which

means that employers now must take reasonable and proportionate measures to eliminate

sex discrimination, sexual harassment and sex-based harassment, hostile environments and

victimization at work.

The Paid Family and Domestic Violence Leave Act came into effect in 2023, providing an

entitlement to ten days paid family and domestic violence leave for all workers, and protections

against discrimination and increasing protections against workplace sexual harassment and

giving workers a new way to deal with sexual harassment complaints, with the Fair Work

Commission.

Workers in Canada, which also ratified Convention No. 190 last year, commend these

initiatives as we also celebrate similar measures hard won to improve employment policy and

protections for women in the workplace, including paid domestic violence leave.

We are currently urging government to address gaps in the protection against third-party

harassment and violence, which is an escalating issue for women and gender-diverse workers

in Canada. Journalists, hotel, restaurant and retail workers, nurses and other healthcare

workers, teachers, education workers, public transportation workers and many others are

impacted by third-party violence at work every day.

We urge both Governments to undertake robust consultation, with social partners, to

identify and close gaps in existing legislation and regulation.

Worker member, Finland – I am speaking on behalf of the Nordic trade unions. In pursuit

of its objectives, the ILO has advocated for, adopted, and supervised international labour

standards through a tripartite process for over a century. We note the good practice examples

provided by Australia of a tripartite approach and consultation with the social partners since

2022 in the formulation and implementation of employment policies.

The principle of tripartism is the founding principle of this Organization. Yet, without

actual realization of genuine tripartism in both law and in practice, the word has very little

meaning. The concept also must have substantial, effective, and even actionable content.

Excluding workers’ organizations, that is, disregarding our views and not taking the obligation

 CAN/PV.12/Australia-C.122

of social justice into account in economic or employment policymaking, is not only contrary to

this Convention. It is contrary to the values of the ILO.

As expressed under the umbrella of the ILO supervisory mechanism in various occasions,

tripartite consultations should, when these are adopted, not cover only questions on labour

law in the strict sense of the term, but rather encompass general matters of public policy on

labour, social and economic matters.

Reflecting these principles, and the Organization’s own tripartite character, the effective

recognition and promotion of tripartism is evident in all of the work of the Organization,

including the Conventions. Without a question, this applies to the Convention as well. By virtue

of Article 3 of the Convention, Member States are required to consult representatives of

employers and workers concerning employment policies.

The principle of tripartism is fundamental and it is incumbent upon the Member States to

enable and effectively ensure its realization. Genuine tripartism absolutely requires

consultation to exist prior to establishing relevant policies. At the present moment, one could

consider that circumstances in Australia have taken a turn for the better.

We note the good practice examples provided by Australia in the information they have

provided to our Committee, of a tripartite approach and consultation with the social partners

since 2022 in the formulation and implementation of employment policies. For example, the

dialogue on employment policy at the Jobs and Skills Summit held in September 2022, and the

subsequent White Paper on Jobs and Opportunities in September 2023, set out its employment

policy, which we note has objectives in line with the Convention – in particular, are delivering

sustained and inclusive full employment.

We welcome the Government for consulting with social partners in the formulation and

implementation of employment policies and encourage other governments to follow this

example of good practice.

Tripartite consultations should, in all matters where applicable, such as those required by

the Convention, form a part of the elements that are required for the Government to take its

decision. This is only rational. Consultations beginning after a decision has already been taken

cannot usefully involve any examination of conceivable alternatives that, in their very essence,

could be characterized as being of tripartite nature. Sadly though, we still have to witness such

practices on the global stage today, even in certain countries, where one might presume such

issues to be long eradicated.

It is only when tripartism is not simply allowed, but promoted and encouraged, that it can

truly flourish and to be utilized to the full extent. We welcome the inclusive and consultative

approach taken by the Government of Australia in this regard. Enabling, allowing, and

encouraging genuine tripartism will lead to positive outcomes.

We call on the Government to continue to meaningfully consult and ensure the

participation of the social partners in the formulation and implementation of employment

policies.

Government member, New Zealand – The New Zealand Government notes the

important obligation contained within the Convention for each State Member to declare and

pursue, as a major goal, an active policy designed to promote full, productive and freely chosen

employment. New Zealand ratified this Convention in 1964. New Zealand acknowledges the

Australian Government’s awareness of previously raised issues relating to insecure work,

underemployment, and unemployment. New Zealand supports Australia’s objectives in

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implementing Workforce Australia in 2022, including settings to assist those further from the

labour market, along with their legislative changes including to Secure Jobs, Better Pay Act

2022 and the new Closing Loopholes Act 2024. We also note their increased funding in their

2024–2025 budget for the Real Jobs, Real Wages and Work Foundations initiatives, to address

these issues. Furthermore, New Zealand supports the Australian Government’s intent in their

strengthening and reprioritization of programmes to best address youth unemployment. We

note their new Working for Women strategy for gender equality, and range of associated

workplace relations reforms to achieve women’s equality and security, including their

ratification of the Convention No. 190. And we recognize their commitment to reducing

disparities between First Nations peoples and the rest of the population in fundamental areas

of life, and the substantial moves they have made toward realizing this commitment. Finally,

we note the range of consultation the Australian Government has undertaken with social

partners in implementing employment-related initiatives. We have observed and commend

Australia’s positive working relationship with their employer and worker representative

organizations in the ILO, in the spirit of tripartism.

Chairperson – There are no more requests for the floor, so I now invite the Government

representative of Australia, to make her concluding remarks.

Government representative – The Australian Government has listened carefully to the

interventions made today and welcomes the constructive comments.

I have outlined in my opening statement the range of measures that the Australian

Government has already taken to address some of the matters that have been previously

raised. These include in summary: reforming employment services, support to long-term

unemployed people and young people, substantive reforms to Australian workplace relation

system to strengthen protections for workers and deliver secure jobs and better pay, and

implementing the closing-the-gap reforms to support the economic empowerment of First

Nations peoples in Australia.

I have also mentioned the 2022 Employment White Paper, which the Government

identifies as a road map for ensuring that Australians are the beneficiaries of the shifts under

way in the economy and in our society over the coming decades. The White Paper builds on

the Jobs and Skills Summit held in 2022 which brought together worker and employer

representatives, civil society and governments to address shared economic challenges. It

crystalizes the ambition for a dynamic and inclusive labour market in which Australians have

the opportunity for secure, well-paid jobs in a country where workers, employers and

communities can thrive and adapt.

I have also provided many examples of the Government’s commitment to social dialogue

and tripartite engagement. Today, we are particularly pleased to hear from our tripartite social

partners, the ACTU and the ACCI. Constructive collaboration with our social partners has

helped to make the reforms I have outlined today better and more sustainable. Their

interventions reinforce, from an Australian worker and employer perspective, first-hand

experience that the Government is firmly committed to the enduring principles and objectives

that underpin the Convention.

To one specific point raised by the spokesperson of the Employer members, I would like

to clarify the Government’s legislative reforms to the definition of “casual employment”. The

core definition of “casual employment” remains unchanged: the absence of a firm advanced

commitment to continuing and indefinite work. What has changed is an assessment of the

practical reality of the relationship, not just the contract. Some workers are stuck in casual

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employment, without access to leave and entitlements, despite the way their work is becoming

similar to permanent employees. Therefore, if after 6 months, or 12 months for an employee

of a small business, the worker does not believe they meet the definition of a casual employee,

they can request to move to permanent employment if they wish. Employers can still refuse an

employee conversion notification, if there are fair and reasonable grounds. For example, when

the conversion would require a substantial change to the organization of work.

The amendments provide choice for the 32 per cent of casual workers in Australia who

have regular working arrangements, mostly in female dominated sectors, including healthcare

and social assistance, accommodation and food services and retail trade. I reiterate, however,

that under these arrangements, no-one will be forced to convert from casual to permanent

employment.

We are hopeful that the information provided by the Government ahead of today’s

hearing and during our opening statement, avails the Committee of any concerns present in

the 2021, article 22, Reporting Cycle, noting the extensive reforms and policies implemented

since this time. We remain at the disposal of the Committee for any further information that

may be required.

Worker members – We thank the Government and all of those who took the floor. In this

era of multiple crisis including global economic and climate crisis triggered in no small part by

the adoption of economic policies which produce outcomes contrary to the objectives of the

Convention, including widening inequalities and associated social tension, the effort by the

Government of Australia to respect the Convention in law and practice is well noted.

Work has become increasingly more precarious. New forms of work have emerged where

millions of workers are now engaged outside of the protection of labour law, with all the

dangers and vulnerabilities that come in its wake.

In this regard, we agree with the Committee of Experts, as they stated in the 2020 General

Survey on Employment Protection, that, “the principle of substantive equality includes the

requirement that, over time, or after a certain period of time, all workers have access to more

permanent and stable employment relationships”.

We note that the Government has taken a number of steps to address insecure work. Also,

there have been measures adopted to improve women’s workforce participation. The

Government is also going ahead with measures on youth employment and that for First

Nations.

In line with the Convention, the Australian Government should continue to develop and

implement these measures, in consultation with social partners. This is central to ensuring that

there continues to be an inclusive approach to economic and employment policymaking, and

to sharing the positive results together.

Employer members – The Employer members wish to thank the various speakers who

took the floor, and in particular the Government of Australia, for its interventions and

information it provided. We reiterate the importance of States’ compliance with the

Convention, and our belief that compliance with the Convention is critical to ensuring

meaningful opportunities for both workers and business, and also to ensuring the broader

effectiveness of the ten core ILO Conventions.

The Employer members recommend the Government of Australia to do the three

following things: (i) continue providing information on policy and technical measures aimed at

increasing both the employment quality and the quantity of jobs for women at the national

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level; (ii) continue providing detail about the nature of its efforts to support First Nations

peoples in Australia’s world of work; and (iii) to the extent that the Committee nonetheless

believes that social partners have not been sufficiently consulted, the Government should

better ensure that this specific consultation be conducted.

We count on the Government to timely provide the requested information and to adopt

the measures.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the

Government and the discussion that followed.

Taking the discussion into account, the Committee requested the Government, in

consultation with employers’ and workers’ organizations, to continue to develop and

implement employment policies in line with the Convention, including those aimed at

increasing both the quality and quantity of jobs for women.

The Committee requested the Government to submit a report, including

information on its ongoing efforts to support First Nations Peoples in the world of work,

to the Committee of Experts in accordance with the regular reporting cycle.

Government representative – Australia would like to the thank the Committee for their

conclusions on our compliance under Convention No. 122. Australia acknowledges and

respects the important role of the Committee of Experts and this Committee within the ILO

supervisory system. Ensuring the effective application of international labour standards is

critical to achieving our shared objective of decent work for all.

I hope the information presented in our verbal and written information on the significant

new reforms implemented since the 2021 reporting cycle provided reassurance of Australia’s

commitment to, and compliance with, the Convention.

We will, of course, continue to work with social partners to follow up on the Committee’s

conclusions, especially as they relate to women and first nations people.