Ratified treaties¹

Collective dispute/ Issuing of an award by the Commission/ Reliance on international law in the drafting of the award/ Grounds which shall not constitute valid reasons for dismissal/ Establishment of a jurisprudential principle based on international law

In the context of the examination of a labour dispute involving a trade union and several undertakings by the Australian Conciliation and Arbitration Commission, the Australian Council of Trade Unions (hereafter “the ACTU”) requested the Commission to make an award acknowledging workers’ job security rights and, in particular, the right to protection against unfair dismissal.

In order to determine the list of grounds for dismissal that were considered illegal, the Commission relied on two ILO Conventions, namely Convention No. 111 concerning Discrimination (Employment and Occupation) and Convention No. 158 on Termination of Employment:

 “In these circumstances, we have decided to act in conformity with the Rockhampton City Council Case, the Racial Discrimination Act 1975, and the Sex Discrimination Act 1984 as well as with ILO Conventions and to include a list of grounds which will not constitute valid reasons for dismissal. The instrument referred to will be ILO Convention No. 158, i.e.: “race, colour, sex, religion, marital status, family responsibilities, pregnancy, political opinion, national extraction or social origin”. In accordance with the Rockhampton City Council decision and ILO Convention 111 we shall also include an exception regarding distinctions, exclusions or preferences based on the inherent requirements of a particular job.”