Chapter 1 - Introduction

  1. Introduction
    1. The Joint Standing Committee on Treaties (JSCOT) was appointed by the Commonwealth Parliament to inquire into any treaty to which Australia has become a signatory, upon the treaty being tabled in the Parliament or as referred by a Minister.[1]
    2. The Committee's resolution of appointment empowers it to inquire into and report on:
  1. matters arising from treaties and related National Interest Analyses and proposed treaty actions and related Explanatory Statements presented or deemed to be presented to the Parliament;
  2. any question relating to a treaty or other international instrument, whether or not negotiated to completion, referred to the committee by:
  1. either House of the Parliament; or
  2. a Minister; and
  1. such other matters as may be referred to the committee by the Minister for Foreign Affairs and on such conditions as the Minister may prescribe.[2]
    1. Prior to tabling, major treaty actions are subject to a National Interest Analysis (NIA), prepared by the Australian Government. The NIA considers the treaty, outlines the treaty obligations and any regulatory or financial implications, and reports the results of consultations undertaken with state and territory governments, federal, state and territory agencies, and with industry or non-government organisations.
    2. The Committee takes account of the NIA in its examination of the treaty text, in addition to other evidence taken during the Inquiry.
    3. The treaties, and matters arising from them, are evaluated to ensure ratification is in the national interest, and that unintended or negative effects on Australia do not arise.
    4. This report contains the Committee’s review of the following major treaty actions:
  • Agreement between the Government of Australia and the Government of the Republic of Fiji on Cooperation in the Field of Defence and the Status of Visiting Forces
  • Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and associated side-letters
  • Indo-Pacific Economic Framework for Prosperity Agreement relating to Supply Chain Resilience
  • International Labour Organization Convention No. 191: Safe and Healthy Working Environment (Consequential Amendments) Convention
    1. The Agreement between the Government of Australia and the Government of the Republic of Fiji on Cooperation in the Field of Defence and the Status of Visiting Forces was signed by Australia and Fiji in October 2022. The Agreement builds on Australia’s relationship with Fiji and with the Pacific Islands region through enabling more frequent and sophisticated defence cooperation between the two countries. This includes Australia and Fiji working together on maritime security issues, humanitarian assistance and disaster relief, peacekeeping operations, co-deployments, and the training of military personnel. The Agreement provides a comprehensive, reciprocal, and legally binding framework for the status of visiting forces and civilians (including dependents), and information sharing between the two countries.
    2. The Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and associated side-letters (CPTPP) provides for the UK to accede to the CPTPP. The CPTPP is a free trade agreement that was signed by 11 countries in March 2018, namely Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, Peru, New Zealand, Singapore and Vietnam. The CPTPP is one of the world's most comprehensive free trade agreements. It eliminates 98 per cent of tariffs in a trade zone with a combined GDP of US$14.6 trillion in 2022. The UK accession to the CPTPP provides for modest gains to Australia as Australia already has a strong free trade agreement in place with the UK however the Protocol is still beneficial in strengthening the relationship between the two countries.
    3. The Indo-Pacific Economic Framework for Prosperity Agreement relating to Supply Chain Resilience (IPEF) aims to create a framework to enhance collaboration to prevent, mitigate and prepare for supply chain disruptions between Australia, Brunei, Fiji, India, Indonesia, Japan, Republic of Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, the United States and Vietnam. The IPEF is a first-of-its-kind agreement and includes the establishment of three supply chain bodies: the IPEF Supply Chain Council, IPEF Supply Chain Crisis Response Network, and the IPEF Labour Rights Advisory Board. The IPEF was signed for Australia on 16 November 2023 and entered into force generally in February 2024 after ratification by five states.
    4. The International Labour Organization Convention No. 191: Safe and Healthy Working Environment (Consequential Amendments) Convention amends operative articles and preambles to International Labour Organization (ILO) instruments that Australia has previously ratified. The purpose of Convention No. 191 is to ensure that the right to a safe and healthy working environment is reflected in these existing instruments. During its inquiry, the Committee heard evidence on Australia’s strong international standing in the workplace health and safety field and that ratification of Convention No. 191 would assist in maintaining this status. The Committee heard that ratification would also strengthen Australia’s position in the negotiation and crafting of future ILO Conventions.
    5. A copy of the treaties considered in this report and the associated documents may be accessed through the Committee’s website at: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties.

Footnotes

[1]Joint Standing Committee on Treaties (JSCOT), ‘Role of the Committee’, https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/Role_of_the_Committee.

[2]Joint Standing Committee on Treaties (JSCOT), ‘Resolution of Appointment, https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/Resolution.