Protection and Promotion of Worker Rights
-- Agreement fully meets the labor objectives set out by Congress in TPA. Labor obligations are part of the core text of the trade agreement.
-- Both parties reaffirm their obligations as members of the International Labor Organization (ILO), and shall strive to ensure that their domestic laws provide for labor standards consistent with internationally recognized labor principles. Agreement makes clear that it is inappropriate to weaken or reduce domestic labor protections to encourage trade or investment between the Parties.
-- Agreement requires that Australia and the United States effectively enforce their own domestic labor laws, and this obligation is enforceable through the Agreement's dispute settlement procedures.
-- Procedural guarantees in the Agreement will ensure that workers and employers will continue to have fair, equitable and transparent access to labor tribunals/courts.
-- Parties established a process for further cooperation on labor matters, including possible joint cooperative activities to advance common objectives and work on labor law and practice in the context of the ILO Declaration on Fundamental Principles and Rights at Work.
http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2004&m=February&x=20040209173132asesuark0.8222772&t=livefeeds/wf-latest.html
I think. because of the way it is worded, that even though the agreement was signed with Australia, a worker of any nationality can claim against the US if it doesn't follow the ILO standards mentioned in this agreement.