Australian Manufacturing
Workers' Union
Registered as AFMEPKIU
National Office
Level 4 133 Parramatta Rd
GRANVILLE  NSW  2142
PO Box 160 Granville  2142
Telephone 02 9897 9133
Facsimile   02 9897 9274
amwu2@amwu.asn.au
26 February 2003

TCF Inquiry
Productivity Commission
PO Box 80, Belconnen, ACT 2616

Dear Mr Robertson,

Post-2005 Textile, Clothing and Footwear
Assistance Arrangements Inquiry

In the recently completed review of automotive assistance, the Productivity Commission failed to address the issue of whether the workplace reforms it was considering were consistent with international obligations relating to the labour.  See for example the comment on page 66 that "The Commission was unable to obtain independent verification of the standing of these proposals in relation to ILO conventions prior to the finalising of the report."  

As the Australian Manufacturing Workers' Union (AMWU)  pointed out in submissions addressing the Commission's preliminary report,  it is the AMWU's view that the Commission has a statutory obligation to consider international labour conventions where the policy options generated by the Productivity Commission might be inconsistent with those conventions.  This statutory obligation stems from subsection 8(j) of the Productivity Commission Act 1998  which provides that the Commission must have regard to the need for  "Australia to meet its international obligations and commitments".  
 
I note that one of the terms of reference in the current inquiry into the Textiles, Clothing and Footwear (TCF) industry is for the Commission to:

Examine relevant workplace issues including the more effective use of flexible modes of employment, labour mobility in and out of the sector, especially in regional Australia, and the scope for innovative workplace reform including policy options to improve the competitiveness of the sector.

Although the AMWU has relatively few members in the TCF industry, it is important to all of the AMWU's members that the Productivity Commission is held to its legislative obligation to consider International Labour Organisation (ILO) conventions.  Clearly if the Productivity Commission is to examine relevant workplace issues and workplace reform - Australia's international obligations under ILO conventions will be directly relevant.  International obligations do not cease to be obligatory because they deal with obligations to protect workers.

For your information I have attached a list of all of the ILO conventions Australia has ratified.  The AMWU looks forward to reading the Commission's report.

Yours sincerely,

DOUG CAMERON
NATIONAL SECRETARY
Australian Manufacturing Workers' Union

Attachment
List of Ratifications of International Labour Conventions: Australia

	Convention
	Date Ratified
		
C. 2
	Unemployment Convention, 1919 (No. 2)
	15.06.1972 
		
C. 7
	Minimum Age (Sea) Convention, 1920 (No. 7) 
	28.06.1935 
		
C. 8
	Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) 
	28.06.1935 
		
C. 10 
	Minimum Age (Agriculture) Convention, 1921 (No. 10) 
	24.12.1957 
		
C. 11 
	Right of Association (Agriculture) Convention, 1921 (No. 11) 
	24.12.1957 
		
C. 12 
	Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) 
	7.06.1960 
		
C. 16 
	Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16) 
	28.06.1935 
		
C. 18
	Workmen's Compensation (Occupational Diseases) Convention, 1925  (No. 18) 
	22.04.1959 
		
C. 19  
	Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) 
	2.06.1959 
		
C. 22 
	Seamen's Articles of Agreement Convention, 1926 (No. 22) 
	1.04.1935 
		
C. 26
	Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) 
	9.03.1931 
		
C. 27 
	Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27) 
	9.03.1931 

C. 29 
	Forced Labour Convention, 1930 (No. 29)
	2.01.1932 
		
C. 42 
	Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) 
	29.04.1959 
		
C. 47
	Forty-Hour Week Convention, 1935 (No. 47) 
	22.10.1970 
		
C. 57 
	Hours of Work and Manning (Sea) Convention, 1936 (No. 57) Convention not in force 
	24.09.1938 
		
C. 58 
	Minimum Age (Sea) Convention (Revised), 1936 (No. 58) 
	11.06.1992 
		
C. 69 
	Certification of Ships' Cooks Convention, 1946 (No. 69) 
	29.08.1995 
		
C. 73 
	Medical Examination (Seafarers) Convention, 1946 (No. 73) 
	29.08.1995 
		
C. 76
	Wages, Hours of Work and Manning (Sea) Convention, 1946 (No. 76)  Convention not in force 
	25.01.1949 
		
C. 80 
	Final Articles Revision Convention, 1946 (No. 80) 
	25.01.1949 
		
C. 81 
	Labour Inspection Convention, 1947 (No. 81) Excluding Part II 
	24.06.1975 
		
C. 83 
	Labour Standards (Non-Metropolitan Territories) Convention, 1947 (No.83) 
	15.06.1973 
		
C. 85 
	Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) 
	30.09.1954 
		
C. 86
	Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86) 
	15.06.1973 
		
C. 87
	Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
	28.02.1973 
		
C. 88 
	Employment Service Convention, 1948 (No. 88) 
	24.12.1949 
		
C. 92 
	Accommodation of Crews Convention (Revised), 1949 (No. 92) 
	11.06.1992 
		
C. 93 
	Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949 (No. 93) Convention not in force 
	3.03.1954 
		
C. 98 
	Right to Organise and Collective Bargaining Convention, 1949 (No. 98) 
	28.02.1973 
		
C. 99
	Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99)
	19.06.1969 
		
C. 100 
	Equal Remuneration Convention, 1951 (No. 100) 
	10.12.1974 
		
C. 105 
	Abolition of Forced Labour Convention, 1957 (No. 105) 
	7.06.1960 
		
C. 109
	Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 (No. 109)  Convention not in force
	15.06.1972 
		
C. 111
	Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
	15.06.1973 
		
C. 112
	Minimum Age (Fishermen) Convention, 1959 (No. 112) 
	15.06.1971 
		
C. 116 
	Final Articles Revision Convention, 1961 (No. 116) 
	29.10.1963 
		
C. 122 
	Employment Policy Convention, 1964 (No. 122) 
	12.11.1969 
		
C. 123
	Minimum Age (Underground Work) Convention, 1965 (No. 123)  Minimum age specified: 16 years
	12.12.1971 
		
C. 131 
	Minimum Wage Fixing Convention, 1970 (No. 131) 
	15.06.1973 
		
C. 133 
	Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)
	11.06.1992 
		
C. 135
	Workers' Representatives Convention, 1971 (No. 135) 
	26.02.1993 
		
C. 137
	Dock Work Convention, 1973 (No. 137)
	25.06.1974 
		
C. 142 
	Human Resources Development Convention, 1975 (No. 142) 
	10.09.1985 
		
C. 144 
	Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) 
	11.06.1979 
		
C. 150 
	Labour Administration Convention, 1978 (No. 150) 
	10.09.1985 
		
C. 156 
	Workers with Family Responsibilities Convention, 1981 (No. 156)
	30.03.1990 
		
C. 158 
	Termination of Employment Convention, 1982 (No. 158) 
	26.02.1993 
		
C. 159
	Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
	7.08.1990 

C. 160
	Labour Statistics Convention, 1985 (No. 160) Acceptance of all the Articles of Part II has been specified pursuant to Article 16, paragraph 2, of the Convention.
	15.05.1987 

C. 166 
	Repatriation of Seafarers Convention (Revised), 1987 (No. 166) 
	29.08.1995 
		
C. 173
	Protection of Workers' Claims (Employer's Insolvency) Convention, 1992(No. 173) Has accepted the obligations of Part II 
	8.06.1994