Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee takes note of the information contained in the Government’s report. It notes in particular the third draft Industrial Relations Bill, which was last revised on 14 August 2006 following widespread consultations with the social partners, has entered its third phase, and incorporates some technical inputs provided by the ILO. The said Bill replaces the draft Industrial Relations Act of 2003 as part of an ongoing effort, commenced in 2003, to review and consolidate the labour legislation. To this end, section 257 of the current Bill repeals the Industrial Organizations Act, the Industrial Relations Act, the Industrial Relations (Amendment) Act of 1992, the Industrial Relations (Amendment) Act of 1998, the Public Service Conciliation and Arbitration Act, and the Teaching Service Conciliation and Arbitration Act.

Power of the minister to assess collective agreements on grounds of public interest. Previously, the Committee had requested the Government to amend section 32 of the draft Industrial Relations Act of 2003, which confers a broad power on the Minister of Labour to assess collective agreements on grounds of public interest – a principle that also applied to the public sector. The draft legislation had stated that “The minister may, on behalf of the State, appeal as of right against the making of an award or order (including an award or order made by consent) or the certification of an agreement, on the ground that the making of the award or order, or the certification of the agreement, is contrary to public interest”. In this respect, the Committee notes that this provision has been retained in the most recent draft legislation – as section 32(1) of the third draft Industrial Relations Bill. Noting the Government’s indication that section 32 of the draft Bill has been highlighted for further review in January 2007, and that further improvements are needed to ensure the legislation’s compatibility with the Convention, the Committee recalls once again that such legislative provisions will only be compatible with the Convention if they merely stipulate that approval of collective agreements may be refused if the collective agreement has a procedural flaw, or does not conform to the minimum standards laid down by general labour legislation, and requests the Government to take measures to ensure that section 32(1) of the third draft Industrial Relations Bill is in conformity with this principle. The Committee reiterates its hope that the technical assistance currently being provided by the ILO would contribute to the resolution of this matter.

Compulsory arbitration. The Committee had previously noted that the previous draft industrial relations legislation appeared to institute a system of compulsory arbitration when conciliation between the parties failed. The Committee notes in this regard that sections 151 and 152 of the previous draft Industrial Relations Act – which appeared to grant the commissioner the authority to commence compulsory arbitration proceedings where the power to initiate conciliation proceedings had not previously been exercised – have been retained as sections 151 and 152 of the third draft Industrial Relations Bill. In this connection, the Committee notes with regret the Government’s indication that it has opted to retain the same approach and system of compulsory arbitration, without significant changes from the previous draft legislation. The Committee also notes, nevertheless, that in its 2007 report to the Committee on the application of Convention No. 87, the Government had indicated that the sections concerning dispute settlement in the third draft Industrial Relations Bill would be subject to further deliberation at the National Tripartite Consultative Council meeting in early 2007, following which amendments would be drafted by an interim national consultant. In these circumstances, the Committee requests the Government to amend sections 151 and 152 of the third draft Industrial Relations Bill, so as to ensure that compulsory arbitration may only be possible for public servants engaged in the administration of the State or in the framework of essential services in the strict sense of the term.

The Committee expresses its hope that its comments will be fully taken into account in the finalization of the third draft Industrial Relations Bill and asks the Government to transmit a copy of the said legislation once it is adopted.