Page 2096 - Week 10 - Wednesday, 25 October 1989
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1989. Commissioner Bennett advised the employer parties that he could not consider ACT matters until the national agenda was settled.
On 19 October 1989, Commissioner Grimshaw of the IRC handed down his decision on applications to vary various building and construction awards. Mr Speaker, I table Commissioner Grimshaw's decision. That decision appears to have resolved the contentious issue which has surrounded the severance pay debate. In particular, the decision provides that any period during which an employer contributes to a nominated fund for a worker will not count towards an award benefit.
The potential for double dipping has been removed by Commissioner Grimshaw deciding that any period of service during which contributions are paid into an agreed fund on behalf of an employee will not count as service for the purpose of the award. As far as the award is concerned, it will be as if the service never occurred.
Commissioner Grimshaw's decision appears to give proper recognition to the uniqueness of employment concepts currently applying in the building and construction industry and emphasises the IRC's ability to make a judgment to provide suitable redundancy or severance pay schemes for the industry. The IRC's decision also appears to recognise redundancy severance pay funds which have the support of the industrial partners. To a large extent, the commissioner's decision has obviated the concerns of MBCHA regarding the legitimacy of CERT and MERT. The point of all this is that this is a very complicated matter which goes beyond local industrial considerations or inter-employer wrangles. No matter what action this Assembly takes, other considerations, including the role of the Federal Industrial Commission, apply.
In considering making legislation on any matter, this Assembly should ensure that it is acquainted with all the facts and does not embark on any ill-considered scheme that is irrelevant or worse. This Assembly, like other governments around Australia also facing similar considerations, should ensure that any action taken is not taken just to suit one party or faction and that any decision or action finally taken will actually result in an outcome that has the support of the industrial parties in this matter.
The building industry is an important industry in the ACT. The role of government should be to assist the parties in resolving matters through the proper channels, not to take action that is irrelevant or that may result in further problems. To that extent the Assembly should be sure that it appreciates the ramifications of any action it may take.
MR SPEAKER: The discussion is concluded.
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