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

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