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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Fair Trade (Workers' Rights) Bill 2013
No. , 2013
(Senator Madigan)
A Bill for an Act to ensure that minimum standards
about workers' rights are included in certain
international agreements, and for related purposes
i Fair Trade (Workers' Rights) Bill 2013 No. , 2013
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects ............................................................................................... 2
4
Definitions ......................................................................................... 2
Part 2--Minimum standards about workers' rights
3
5
Trade Agreements and domestic law of parties must include
minimum standards about workers' rights ......................................... 3
6
Minimum wage fixing recommendation ............................................ 4
7
Meaning of Trade Agreement ............................................................ 4
8
Meaning of minimum standards about workers' rights ..................... 5
Fair Trade (Workers' Rights) Bill 2013 No. , 2013 1
A Bill for an Act to ensure that minimum standards
1
about workers' rights are included in certain
2
international agreements, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Fair Trade (Workers' Rights) Act
8
2013.
9
Part 1 Preliminary
Section 2
2 Fair Trade (Workers' Rights) Bill 2013 No. , 2013
2 Commencement
1
This Act commences on the day this Act receives the Royal
2
Assent.
3
3 Objects
4
It is the object of this Act to encourage Australia's trading partners
5
to ensure that workers in their country are protected by certain
6
internationally accepted minimum standards about workers' rights.
7
4 Definitions
8
In this Act:
9
minimum standards about workers' rights has the meaning given
10
in section 8.
11
minimum wage fixing recommendation has the meaning given in
12
subsection 6(3).
13
Trade Agreement has the meaning given in section 7.
14
15
Minimum standards about workers' rights Part 2
Section 5
Fair Trade (Workers' Rights) Bill 2013 No. , 2013 3
Part 2--Minimum standards about workers' rights
1
2
5 Trade Agreements and domestic law of parties must include
3
minimum standards about workers' rights
4
(1) Prior to entering into a new Trade Agreement, or amending an
5
existing Trade Agreement, the Commonwealth must ensure that:
6
(a) the Trade Agreement includes a binding agreement that the
7
other country, or countries, has or have, minimum standards
8
about workers' rights in their domestic law; and
9
(b) the Minister has satisfied himself or herself that:
10
(i) as a question of fact, the other country, or countries, has
11
or have, minimum standards about workers' rights in
12
their domestic law; or
13
(ii) in practice, workers in the other country, or countries,
14
are subject to employment standards that are at least
15
equal to the minimum standards about workers' rights.
16
Note:
A country that does not include minimum standards about workers'
17
rights in their domestic law may satisfy the requirement in
18
subparagraph (b)(ii) if the Minister is satisfied that the industrial
19
relations system in that country includes protections that ensure that,
20
in practice, the workers' enjoy employment standards that are at least
21
equal to the minimum standards about workers' rights.
22
(2) The Commonwealth must not enter into a Trade Agreement with a
23
country, or a group of countries, if:
24
(a) the agreement does not include a binding agreement that the
25
other country, or countries, has or have, minimum standards
26
about workers' rights in their domestic law; or
27
(b) the Minister has not satisfied himself or herself that either of
28
the following apply:
29
(i) as a question of fact, the other country, or countries, has
30
or have, minimum standards about workers' rights in
31
their domestic law; or
32
(ii) in practice, workers in the other country, or countries,
33
are subject to employment standards that are at least
34
equal to the minimum standards about workers' rights.
35
Part 2 Minimum standards about workers' rights
Section 6
4 Fair Trade (Workers' Rights) Bill 2013 No. , 2013
6 Minimum wage fixing recommendation
1
(1) Prior to entering into a new Trade Agreement, or amending an
2
existing Trade Agreement, the Commonwealth must endeavour to
3
include a binding requirement in the Trade Agreement requiring
4
the other country, or countries, to include standards in their
5
domestic law that are at least equal to the standards in the
6
minimum wage fixing recommendation.
7
(2) If the Commonwealth fails to include a binding requirement in the
8
agreement requiring the other country, or countries, to include
9
standards in their domestic law that are at least equal to the
10
standards in the minimum wage fixing recommendation, the
11
Minister must:
12
(a) prepare a written explanation as to why he or she did not
13
believe that it was necessary to include such requirement in
14
the Trade Agreement; and
15
(b) within 30 days of the date that the Trade Agreement was
16
entered into, table the written explanation in both Houses of
17
the Parliament.
18
(3) For the purposes of this Act, minimum wage fixing
19
recommendation means the minimum standards set out in the
20
International Labour Organization Recommendation concerning
21
Minimum Wage Fixing with Special Reference to Developing
22
Countries done at Geneva on June 1970.
23
Note:
The text of the minimum wage fixing memorandum is set out in the
24
Australian Treaty Series. In 2013, the text of a Convention in the
25
Australian Treaty Series was accessible through the Australian
26
Treaties Library on the AustLII website (
27
7 Meaning of Trade Agreement
28
An international agreement is a Trade Agreement for the purpose
29
of this Act if it is an international agreement that the
30
Commonwealth has, or will, enter into with the government of
31
another country, or with the governments of a group of countries,
32
that will abolish or decrease tariffs (or other import charges) that
33
are levied or charged by Australia at the time goods are imported
34
into Australia.
35
Minimum standards about workers' rights Part 2
Section 8
Fair Trade (Workers' Rights) Bill 2013 No. , 2013 5
Note 1:
An international agreement may be entered into by way of entering
1
into a treaty or memorandum of understanding with the other country,
2
or by exchange of letters with that country, or in any other way that
3
gives rise to a binding agreement between Australia and the other
4
country for the purposes of international law.
5
Note 2:
An international agreement negotiated under a framework provided by
6
the World Trade Organisation or the United Nations is a Trade
7
Agreement for the purpose of this Act.
8
8 Meaning of minimum standards about workers' rights
9
For the purposes of this Act, minimum standards about workers'
10
rights means the minimum standards set out in each of the
11
following conventions:
12
(a) the Convention concerning Freedom of Association and
13
Protection of the Right to Organise done at San Francisco on
14
9 July 1948 ([1974] ATS 3);
15
(b) the Convention concerning the Application of the Principles
16
of the Right to Organise and to Bargain Collectively done at
17
Geneva on 1 July 1949 ([1974] ATS 5);
18
(c) the Convention concerning Discrimination in Respect of
19
Employment and Occupation done at Geneva on 25 June
20
1958 ([1974] ATS 12);
21
(d) the Convention concerning the Prohibition and Immediate
22
Action for the Elimination of the Worst Forms of Child
23
Labour done at Geneva on 17 June 1999 ([2007] ATS 38);
24
(e) the Convention concerning the Reduction of Hours of Work
25
to Forty a Week done at Geneva on 22 June 1935 ([1971]
26
ATS 20);
27
(f) the Convention concerning Occupational Safety and Health
28
and the Working Environment done at Geneva on 22 June
29
1981 ([2005] ATS 11);
30
(g) the Convention concerning the Application of the Weekly
31
Rest in Industrial Undertakings done at Geneva on
32
18 November 1921;
33
(h) the Convention concerning Weekly Rest in Commerce and
34
Offices done at Geneva on 26 June 1957.
35
Note: The text of the Conventions in paragraphs (a) to (f) are set out in the
36
Australian Treaty Series. In 2013, the text of a Convention in the
37
Part 2 Minimum standards about workers' rights
Section 8
6 Fair Trade (Workers' Rights) Bill 2013 No. , 2013
Australian Treaty Series was accessible through the Australian
1
Treaties Library on the AustLII website (www.austlii.edu.au).
2
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