PRIME MINISTER
tnt t lcwe. telex has beer, si.-it tc-t! t
Pre=: er by tre PrIe M: nister thIS
The Hon. Sir Joh Bjelke-Peterson, KICXG
Premier cf Queensland
Executive Building
100 George Street
6R: SbASE QLL) 4000
My dear Premicr
ran writing to Intorn you cf tthe acute concern of my
Cover-ncrjt at your Goverraicnt'!; handlig of the
industrial dispute is the electricity industry in your
State.
Altho( 4gh I appreciate the great inpcrtaa. ze of etuijrng c
reliable supply of electricity, I do not believe it is
necessary to adopt the appioach taken by your Govc'r. nent
h in order to achieve that end. I also note that your
Governnents. response has extended beyond the
circumstances of that dispute to i; pse a nunber of ne
legislative rer.! rictiors on uniron activity.
Indeed, I am concerned that, ! ar fron resolving the
plectricity industry dispute, and putting industrai
relations in Stte on a sounder basis, your
Government's actions have raised the distlnct
posib1ty sf nation-wide disputation and stoppages,
r. nd may therefore prove to be quite counterproductive.
4 Such dcvelopents would put at risk the very nubstantial
gains we have made as a natlon in the last twu years in
terms of economic recovery, national unit and enhanced
international recogtnition.
Although I respect the right of a State Government to
conduct its own affairs, the Conrrceatri can. ot ignore
action3 which are likely to have severe cfects, not
only on Queens& and's economy, but also or that of our
nation. Your Governmnts actions, which now threaten
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p1 J-c e
a, ter~ t at. l
~ n t. t 2 ~ su ir a 1 d C n in Ausrali a
Y , jr S rvc r. a r c ach t to . tt e r a pu t ~ t
tn ! c n o, f a~ n t e ai s r(: u 1t in
On t S~' v C' n at C' a cc ' e s and un::
. v j. j o er t~~
jtt tc-: o-r . n! r: tt~. Co ine by
V. tn:; o~ r~ rv tho. it pre-edcrit,
tb. jt t t. t: rtr is t t t: de~ ice th: s~ ch P:,.' icies have
dd i -, puta 1cn 0U r; ccntrary, 5t: . as been the acpt 4 n
of cru1 t a ve pjr ct-d-Ir 1 eadJi . g toc agreed poilicies.
ouch.~:; dr n tne Pr 2 ces and ncom. es
i ch. i e bvJ jc: z I in reducing
I s tr cr,-1 rercfcrt, t!. dt for the abo~ ve
rercon." * i, oj re-: or: in1dcr your approach.
I t~ rfr* po-wthat d icu! siornz be held between our
tw, ' Goverriri'.; an:-I thek ACTJ, with a view tco reachlr-j a
be s~ i of r, tlv1 t c 1 the 4-eM oy n e n izs e In that.
r(-gqa d i t y understand ing th' the unions could be
Ipreparo,:! t o e r; t -r j n to a di p u te . t I ernnt pr oc e durec
f or the 1: lectr ; rity induntry, arid that thiey %.. ould be
pre. pared to cor,! ilir other p! ocedurea which would
improve indu!-tr ial relAtio's in tnis industry.
f I strongly urpI-L you to, 6gree to such discussicna. They
provide a cojnstructive m~ eans by which t-he possibility of
severe* dana-je tc, the nat ion, and your State in
partcl cou'-J be avo4df--!.
At the ns. r-e tine you .5houl d be in no dc-ubt as:-to ! he
depth ot my uiovcrnrent s corncsrn at the passage ot
* 1 legizlation by your Governm~ ent which do~ es not take
dacc4(, j.-t ctf rights and processes which have long been
accepted in Australia', and which are in cloe-r bzcdch of
ja number of international treaties.
In my Government's view, the c ef lcglslati! or to
override conditions of em~ ployment etlihdby-an
indeperident trit anal, the lltmitationa on the
juriisdIction and po wers of industrial tribunals, the
lack of rc-view on tlhe mrits cof dceci~ ions by the
Electricity Authoritics Industrial Causes Tribunal or :, f
Sancions imposed for strike activity, the automatic
ca unreasonably retitadpcnaliso pceacet* o1
bnd the chan3,! s t. ev ten. ia. y stan. dar i-
Proceedings, are j-st 5s c cxapPes of a
! at* vpp.-a: CtaC by ytur Q: nr-ent wh~ ch is
unrfccpn~ l by Australian ie~~ rssttlca ndards.
As rerds the contra%-ntion of international treaties,
this tro~; h breaches of i LO Connt ions 29, 87,
1r. the : n-ratI on! Covenant of Civil and
Pclitical 1: qhts, ind the int r. nation al Covenant of
5 a CuIturaiR h ts. All of tnesv
~ orr. eri and Ccv. enarts have been ratified by this
r. t r, ~ ait I fc these breaches are contaIned In the
attac! hnents to this letter. Tnese breaches occirred In
the Elc(-tricity ( Cntinuity of Supply) Act 1985. the
electricity Authorities ( Industrial Causes) Act 198$ anc
the Industrial Conciliation and Arbitration Amendment
Act 1985.
As yC~ know. ratification of ILO Conventions is only
undertairen . he: e the law and practice of all States an:
the Cr. 7oneaath are in conformity with then and we have
clear obligations to ensure that such law and practice
continue to conform with tne req'iremcnts of these
treatics. it Is also our national responsibility to
p:, cccd towards full compliance with the International
Covenanits mentined above.
I look forward to your co-operation and to your early
agreement to participate in the prop. sed discussions.
I look forward to your reply.
Yours sincerely
R. 3. L. Hawv. e
9 ~ F nG. t)*~ CLT~ T T
ATTACHMENT A
PREACHES BY QUEENSLAND INDUSTRIAL LEGISLATION OF INTERNATIONAL
TREATIES TO WHICH AUSTRALIA IS A PARTY
Forced Labour Convention, 1930 ( ILO Convention No. 29)
Abolition of Forced Labour Convention, 1957 ( ILO Convention No. 105)
International Covenant on Civil and Political Rights
Under section 3 of the Electricity ( Continuity of Supply) Act
1985, the Electricity Commissioner is given & n extremely wide
power to direct any person whom he considers capable of
carrying out the necessary work, to perform work to provide,
maintain or restore a supply of electricity.
Under section 4 of the Act, employees of the Queensland
Electricity Commission or of an Electricity Board are liable
to a penalty for non-compliance with such a direction. While
it appears that no penalty attaches to non-compliance by
other persons, they may underrtandably feel under the menace
of a penalty, at least until there is a judicial
determination on the matter.
These . provisiono are too wide to be permissible under ' LO
Convention No. 29 wnicn requires the ouppre3sion of the use
of forced or compulsory labour. Although some exceptions are
per-itted under the C: nvention, the legislation . is not
confined to the circumstances covered by the per-. isslble
exc ; t ions.
Tht pc-wer to direct rry be exercised, even when real
em-r. qency exists, to require non-employees to perform work,
or to require emplnoy'es to perform work outside the norm-na
scope of their emplyrent.
j
To the extent that the legislation does enable the power to
be exercised in those ways, it authorises ' forced or
compulsory labour' contrary to ILO Convention No. 29 and the
existence of the legislation constitutes a broach of that
Convent ion.
moreover, the power io wide enough to authorise forced or
comrpulsory labour of kinds specified in ILO Convention
105. Among other things, the Convention prohibits the
use of forced or compulsory labour as a means of labour
discipline or as a punishment for having participated in
strikes. To that extent, the existence of the legislation is
in breach of that Convention.
. Article 8.3 of the International Covenant on Civil ancr
Political Rights also proscribes fo.=: od or compulsory labour.
Although provision is made in Article 8.3 for certuin
exceptions, the power of direcLion mentioned above la not
limited to circumstances falling within those exceptions. To
the extent that the legislation exceeds the scope permisnible
under Article 8.3, its existence constitutes a breach of that
provision.
Freedom of Association and Protection of the Right to Ornanie
Convention, 1949 ( ILO Convention No. 87)
International Covenant on Economic, Social and Cultural Rinhts
Under section 7 of the Electricity ( Continjity cof Sjp; y) Act
1985, there is effectively a prohibition on strike a: tivIty
in the electricity industry. In addition, the Ele: tr;: ity
Authorities Industrial Causes Act 1985 makes particip::; n in
a relevant strike an ' illegal' act and inp. ires a djty t
refrain from participating in certain strikes. E. pl: yces
participating in a ' strike' ( as defined) in the ele: tricity
industry are subject to an automatic loss of pay, anrt, at the
employer's option, to dismissal or suspension withtp.: pay.
7 j -77 I c
ILO Convention No. 87 guarantees the right of workers to
further and defend their occupational interests. The Freedom
of Asoociation Committee of the Governing Body of the ILO
(' the Co--ittee") has said on a nu? 9ser of occasions that the
right to strike is a legitimate means of exorcising thic
right.
The Committee has also recognised that the right to strike
may be restricted or prohibited in the civil service or in
essential services because a strike there could cause serious
: hardship to the community. However, the Committee has atated
that where there is such a restriction it should be
accompanied by adequate, impartial and speedy conciliation
and arbitration procedures in which the parties can
participate at evory stage and in which " awards are Dinding in
all cases on both parties. These ards, once made, should
be fully and promptly implemented.
It may be that the Electricity Authorities Industril Causes
Tribunal established by the Electricity Authorities
Industrial Causes Act 1985 is able to employ such
conciliation and arbitration procedures in relation to the
matters coming within its jurisdiction. However, that
tribunal has no jurisdiction to relieve employees of the
sanctilons referred to above. Moreover, there is no court or
other body independent of the employer, the Minister or the
Electricity Commissioner, as the case m: y be, can
determine whether an em. loyee on whz>-. sanctions been
imposed has, in ' act, participated in a relevant strike [ see
es. 28( 4) and 29( 4) of the Electricity Auth-) riti-. Industrial
Causes Act 1985 which oust the juris:!. ction o! , ri courts).
Those e eents of the State legia]' tiorn do not co. mply with
the rights protected under the provi s ons of ILn Convention
No. 8" f. Furthermore, the lack of pro'-ision for resort to a
court or other independent body in relation to the imposition
m
of sanctions conflicts wich Article 7 of the International
Covenant on Economic, Social and Cultural Rights which
requireo the provision of ' just nnd favourable conditions of
work'. Another breach of ILO Convention No. 87 occurs by virtue of
the now provisions eno: ted in the Industrial Conciliation and
Arbitration Act Amendment Act 1985 relating to the
canc: ellation and suspension of the registration of a union.
There is insufficient scope for con sid-ration by an
independent tribunal of the substtnce of a case against a
union in relation to the grounds for can: ellation or
suspension.
Right to Organise and Collective Bargaining Convention, 1949
( ILO Conventiori No. 98)
The existence of on. 3 and 4 of the Electricity ( Continuity
of Supply) Act 1985, which respectively confer powers that
extend to the giving of directions to union members as such,
and ismpose penalties for non-compliance, constitutes a breach
of this ILO Convention.
Other Com. ents: The list given above does not purport tr, be
exhaustive. Further Commonwealth examination may disclose other
breaches. Moreover, even where the existence of legislation
itself is not a breach, the exercise of powers or the taking of
other a: tion under the legislation to be examiriod to
consider whether it constituted a bre;. of international
oblig. t ions men'ti.-ned above or of any international
ohli ions. 3 a
i . i . M