(a) Convention concerning Forced or Compulsory Labour adopted in Geneva 1930 (C029);
(b) Convention concerning Abolition of Forced Labour adopted in Geneva 1957 (C105);
(c) Convention concerning Minimum Age for Admission to Employment, adopted in Geneva 1973 (C138); and
(d) Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour adopted in Geneva 1999 (C182).
3. To assist in the implementation of paragraph 1, the Parties shall endeavour to cooperate, share information and best practices, and, as appropriate, identify areas of alignment to eliminate forced or compulsory labour.
Article 20.10. Digital Trade and Labour
The Parties recognise the importance of supporting workforce development and respect for labour rights in the digital economy by addressing emerging labour issues including issues arising from workplace surveillance, algorithmic decision-making, and gig work.
Article 20.11. Public Awareness and Procedural Guarantees
1. Each Party shall promote public awareness of its labour laws, including by ensuring that information related to its labour laws and enforcement and compliance procedures required by its laws and regulations are publicly available and accessible.
2. Each Party shall ensure that persons with a recognised interest in a particular matter under its labour laws have appropriate access to impartial and independent tribunals for the enforcement of the Party’s labour laws. Such tribunals may include administrative, quasi-judicial, judicial, or labour tribunals, as provided for in the Party’s laws.
3. Each Party shall ensure that the proceedings of its administrative, quasi-judicial, judicial, or labour tribunals for the enforcement of its labour laws are fair, equitable, inclusive, accountable and transparent.
4. Each Party shall provide that the parties to such proceedings may seek remedies to ensure the enforcement of their rights under its labour laws.
5. For greater certainty, nothing in this Chapter shall be construed as calling for the examination under this Agreement of whether a Party’s court has appropriately applied that Party’s labour laws.
Article 20.12. Corporate Social Responsibility
Each Party shall encourage enterprises to voluntarily adopt corporate social responsibility initiatives on labour issues that have been endorsed or are supported by that Party.
Article 20.13. Cooperation
1. Recognising that cooperation provides opportunities to promote respect for labour rights, the Parties shall cooperate on labour matters of mutual interest and explore ways to further advance labour standards on a bilateral, regional, and multilateral basis.
2. The Parties may cooperate on labour matters of mutual interest and explore ways to further advance labour standards. Cooperative activities may include work on labour laws and practices in the context of the ILO Declaration, and other matters as mutually agreed between the Parties. Cooperative activities may take the form of exchanges of information, joint research activities, visits, or conferences, and other such forms of technical exchange as the Parties may agree.
Article 20.14. Dialogue on Labour
1. The Parties agree to establish a Dialogue on Labour (“the Dialogue”) composed of government representatives from each Party. Meetings of the Dialogue shall take place by agreement of the Parties.
2. The Dialogue may propose to discuss any matter that the Parties consider appropriate to advance labour rights in the Parties’ trade and investment relationship.
3. The Dialogue may engage and facilitate communication with relevant stakeholders and social partners in its consideration of matters relevant to this Chapter.
4. The Dialogue shall report on the progress of its work to the Joint Committee, while seeking to avoid duplication of the Joint Committee’s work.
5. The Dialogue may work with other bodies and subsidiary bodies established under this Agreement to advance the objectives of this Chapter and support the delivery of the cooperative activities described in Article 20.13 (Cooperation), which may include providing advice or recommendations to the Joint Committee as appropriate.
Article 20.15. Contact Points
Each Party shall designate a contact point to facilitate communication and the exchange of information on matters arising under this Chapter within 90 days of the date of entry into force of this Agreement. Each Party shall promptly notify the other Party in the event of any change to its contact point.
Article 20.16. Non-Application of Dispute Settlement
The Parties shall not have recourse to dispute settlement under Chapter 25 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 21. ECONOMIC COOPERATION
Article 21.1. Objectives
1. The Parties acknowledge the importance of promoting cooperation under this Agreement for their mutual benefit to further facilitate trade and investment between the Parties and foster economic growth.
2. Cooperation under this Chapter shall be built upon a common understanding between the Parties to support the effectiveness and efficiency of the implementation and utilisation of this Agreement, with the objective of:
(a) maximising the benefits of this Agreement;
(b) supporting pathways to trade and investment facilitation; and
(c) improving openness to contribute to the sustainable and inclusive economic growth and prosperity of the Parties.
Article 21.2. Scope
1. Consistent with Article 21.1 (Objectives), cooperation under this Chapter may initially focus on the following areas:
(a) food security;
(b) agriculture, forestry, and fisheries;
(c) trade and investment promotion;
(d) tourism;
(e) promotion of electronic commerce;
(f) trade and sustainable development;
(g) logistics and international transportation, including maritime, air transport, and ports;
(h) gems and jewellery;
(i) halal-related areas;
(j) scientific research and education;
(k) competition policy;
(l) global value chains (“GVCs”); and
(m) other areas as may be mutually agreed.
2. The Parties acknowledge the provisions to encourage and facilitate economic and technical cooperation contained in other Chapters of this Agreement.
Article 21.3. Global Value Chains
1. The Parties affirm that:
(a) fair and open markets, underpinned by the rules-based multilateral trading system with the WTO at its core, are fundamental to building resilient supply chains; and
(b) the Parties intend to act consistently with their respective obligations under the WTO Agreement.
2. The Parties acknowledge the importance of GVCs as a means to modernise and expand bilateral economic relations between the Parties’ traders and investors.
3. The Parties acknowledge that international trade and investment are engines of economic growth and intend to support their businesses’ internationalisation and insertion into GVCs.
4. The Parties affirm the relevance of SMEs in a countries’ productive structure and their impact on employment. The Parties further affirm that the adequate insertion of SMEs into GVCs will contribute to a better allocation of resources and the economic benefits derived from international trade, including diversification and enhancing of value added in exports.
5. The Parties acknowledge the importance of the participation of the private sector as well as the entrepreneurial community as fundamental actors within GVCs, and the relevance of creating an adequate environment.
6. The Parties recognise the importance of the services sector, especially those services associated to GVCs in trade integration, and their potential for their integration into GVCs.
7. Each Party shall domestically promote public knowledge of its laws, regulations, policies and practices relating to regional integrations and GVCs.
8. The priorities for economic cooperation activities shall be decided by the Parties based on their mutual interests and available resources.
Article 21.4. Animal Welfare
1. Each Party shall endeavour to ensure that its laws, regulations and policies provide for, and encourage, animal welfare and shall endeavour to continue to improve its level of animal welfare protection. This commitment shall not affect the right of each Party to establish its own policies and priorities for the protection of animal welfare and to adopt or modify its laws, regulations and policies in this area.
2. The Parties shall continue to strengthen and build on their existing cooperation and information exchange in the field of animal welfare, including on issues relating to the treatment of farmed animals. To this end, the Parties may work together in relevant international fora on areas of mutual interest related to the welfare of farmed animals.
3. At the request of either Party, the Parties shall meet to discuss any issue relating to animal welfare and any mutual cooperation.
Article 21.5. Organic Goods
Where appropriate, the Parties shall consider arrangements to facilitate trade in organic goods.
Article 21.6. Cooperative Framework
1. Recognising the critical role of the private sector in leveraging the full potential of this Agreement, the Parties shall endeavour to support voluntary collaborative engagement between relevant chambers of commerce, business councils, and similar entities in each Party, with the aim of promoting the Agreement and achieving tangible benefits.
2. This collaborative engagement may include, but is not limited to:
(a) organising seminars and workshops to educate their respective business communities regarding the operational aspects of this Agreement, and to share success stories and challenges;
(b) coordinating joint trade missions and networking events with a focus on establishing partnerships and identifying joint venture opportunities; and
(c) providing support services to assist businesses in both Parties in understanding and utilising the Agreement.
Article 21.7. Resources
1. Resources for economic cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with their respective laws and regulations.
2. The Parties, on the basis of their mutual benefit, may consider cooperation with external parties, such as international organisations to support the implementation of this Chapter.
Article 21.8. Means of Cooperation
The Parties shall endeavour to encourage technical, technological and scientific economic cooperation, through means which may include, but not be limited to:
(a) supporting organisation of conferences, seminars, workshops, meetings, training sessions and outreach and education programmes;
(b) encouraging exchange of delegations, professionals, technicians and specialists from the academic sector, research institutions, and private sector and governmental agencies, including study visits and internship programmes for professional training;
(c) supporting dialogue and exchange of experiences between the Parties’ private sectors and agencies involved in trade promotion;
(d) supporting joint business initiatives between entrepreneurs of the Parties; and
(e) any other form of cooperation that may be agreed by the Parties.
Article 21.9. Article 21.9 Subcommittee on Economic Cooperation
For the purposes of the effective implementation and operation of this Chapter, the Joint Committee may establish a Subcommittee on Economic Cooperation in accordance with Article 23.2 (Administrative and Institutional Provisions) to undertake functions which may include, but not be limited to:
(a) monitoring and assessing the implementation of this Chapter;
(b) identifying new opportunities and agreeing on new ideas for prospective cooperation or capacity-building activities;
(c) formulating and developing proposals for activities to support this Chapter and its implementation mechanisms;
(d) coordinating, monitoring and reviewing progress of activities under this Chapter and suggesting amendments to activities as relevant;
(e) cooperating with any other subcommittees, working groups or other subsidiary bodies established under this Agreement to perform stocktaking, monitoring, and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter; and
(f) reporting to, and if deemed necessary, consulting with, the Joint Committee in relation to the implementation and operation of this Chapter.
Article 21.10. Non-Application of Dispute Settlement
The Parties shall not have recourse to dispute settlement under Chapter 25 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 22. TRANSPARENCY AND ANTI-CORRUPTION
Article 22.1. Publication and Notification and Provision of Information
1. Each Party shall promptly publish, or otherwise make publicly available, on the internet where feasible, its laws and regulations, as well as its respective international agreements, which may affect the operation of this Agreement.
2. Upon request of the other Party, a Party shall within a reasonable period of time respond to specific questions and provide information to the other Party on matters referred to in paragraph 1.
3. To the extent possible, each Party shall notify the other Party of any measure that the Party considers might materially affect the operation of this Agreement.
4. Any notification or information provided under this Article shall be without prejudice as to whether the measure in question is consistent with this Agreement.
Article 22.2. Administrative Proceedings
With a view to administering its laws and regulations, with respect to any matter covered by this Agreement in a consistent, impartial, objective, and reasonable manner, each Party, to the extent possible and in accordance with its laws and regulations, shall endeavour to ensure in its administrative proceedings applying such measures to a particular person, good, or service of the other Party in specific cases that:
(a) if possible, persons of the other Party that are directly affected by a proceeding are provided with reasonable notice, in accordance with its domestic procedures, of when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issue in question;
(b) if possible, such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding and the public interest permit; and
(c) it follows its domestic procedures in accordance with its laws and regulations.
Article 22.3. Review and Appeal
1. Each Party, to the extent permitted by its laws and regulations, shall endeavour to establish or maintain impartial and independent judicial, quasi-judicial, or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of a final administrative action with respect to any matter covered by this Agreement.
2. Paragraph 1 shall not be applied in a manner that is inconsistent with a Party’s laws and regulations, constitutional structure or the nature of its legal system.
Article 22.4. Anti-Corruption
1. The Parties affirm their resolve to prevent and combat corruption, including bribery, in matters affecting international trade or investment. The Parties recognise the need to build integrity within both the public and private sectors and that each sector has complementary responsibilities in this regard.
2. Each Party shall, in accordance with its laws and regulations, adopt or maintain appropriate measures to prevent and combat corruption, including bribery, with respect to any matter covered by this Agreement.
3. In accordance with the fundamental principles of its legal system, each Party shall effectively enforce its measures adopted or maintained to prevent and combat corruption, including bribery.(1)
4. Each Party affirms its commitment under relevant international agreements to which it is a party.
5. The Parties shall not have recourse to dispute settlement under Chapter 25 (Dispute Settlement) for any matter arising under this Article.
Chapter 23. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Article 23.1. Joint Committee
1. The Parties hereby establish a Joint Committee, which shall be composed of government representatives of the Parties at the level of Ministers or senior officials.
2. The Joint Committee shall meet within one year from the entry into force of this Agreement. Thereafter, it shall meet every two years unless the Parties agree otherwise.
3. The meetings of the Joint Committee shall take place in the United Arab Emirates or Australia alternately, unless otherwise agreed by the Parties. The Joint Committee, and any subcommittees, working groups or other subsidiary bodies, may meet in person or by other appropriate means of communication, as agreed by the Parties.
4. Special meetings of the Joint Committee may, on request of a Party, also be convened as agreed by the Parties.
5. The Joint Committee shall establish its own rules of working procedures at its first meeting.
Article 23.2. Functions of the Joint Committee
1. The Joint Committee shall:
(a) review and assess the implementation and operation of this Agreement;
(b) consider any matter relating to the implementation or operation of this Agreement;
(c) consider any proposal by either Party to amend or modify this Agreement and recommend any amendments or modifications to this Agreement;
(d) without prejudice to Chapter 25 (Dispute Settlement), endeavour to resolve differences that may arise from the interpretation or application of this Agreement;
(e) supervise, guide and coordinate the work of any subcommittees, working groups and other subsidiary bodies established in accordance with paragraph 2(c), and recommend any necessary action to those subcommittees, working groups or other subsidiary bodies;
(f) as appropriate, issue interpretations of this Agreement;
(g) consistent with the objectives of this Agreement, explore ways to enhance further trade and investment between the Parties and to further the objectives of this Agreement; and
(h) carry out any other function or take any other action as the Parties may agree.
2. The Joint Committee may:
(a) adopt decisions or make recommendations in accordance with this Agreement;
(b) recommend any amendments or modifications to this Agreement;
(c) establish, refer matters to, or consider matters raised by, any subcommittee, working group or other subsidiary body;
(d) restructure, reorganise or dissolve any subcommittee, working group or other subsidiary body established in accordance with paragraph 2(c);
(e) determine the functions of any subcommittee, working group or other subsidiary body established in accordance with paragraph 2(c); and
(f) as it considers appropriate, amend its own rules of working procedures referred to in paragraph 5 of Article 23.1 (Joint Committee).
3. The Joint Committee shall adopt decisions or make recommendations by consensus.
Article 23.3. Communications
1. Each Party shall designate an overall contact point to receive and facilitate official communications between the Parties on any matter relating to this Agreement.
2. Unless otherwise provided in this Agreement, each Party shall notify the other Party in writing of its designated overall contact point no later than 60 days after the date of entry into force of this Agreement. Each Party shall promptly notify the other Party, in writing, of any changes to its overall contact point.
3. A Party’s contact point shall, on request of the other Party, identify the office or official responsible for the relevant matter and assist, as necessary, in facilitating communication with the other Party.
4. All official communications in relation to this Agreement shall be in the English language.
Chapter 24. GENERAL PROVISIONS AND EXCEPTIONS
Article 24.1. General Exceptions
1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 6 (Sanitary and Phytosanitary Measures), Chapter 8 (Technical Barriers to Trade), Chapter 12 (Digital Trade) and Chapter 13 (Competition and Consumer Protection), Article XX of the GATT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis.
2. For the purposes of Chapter 9 (Trade in Services), Chapter 12 (Digital Trade), and Chapter 13 (Competition and Consumer Protection), Article XIV of the GATS, including its footnotes, is incorporated into and forms part of this Agreement, mutatis mutandis.