Page 2250 - Week 11 - Tuesday, 31 October 1989
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comments. It is not a question of wanting two bob each way; it is a very difficult role and we perceive a public duty in legislation of this nature.
MR WHALAN (Minister for Industry, Employment and Education) (8.54): It has been an interesting debate on this particular point and some funny arguments have emerged, demonstrating a fair lack of understanding of this specific proposal and its relationship to the rest of the legislation. Let me emphasise that the single DWG arrangements that would prevail under proposed section 38A can only be invoked at the request of the principal contractor. Read the legislation carefully and you will find that it can only be invoked at the request of the contractor. It is not something that can be imposed upon the contractor. It is an option which is available to them and they will make up their minds whether to seek to have the single DWG on the site rather than having a number of others - several DWGs or none at all. That is their option.
The second point - and this is one which was an undertaking given during the negotiation and consultation process - is that an undertaking was given to the HIA that subcontractors working alone would not be included. So they are specifically excluded by the legislation.
There has been some discussion about size. I would submit that the point made by Mr Berry is quite correct, in that, as a result of the Rally supported amendment increasing the requirement for there to be 20 employees to form a DWG, this only applies to establishments at which more than 20 employees are engaged, and so it is protected by that particular provision. Mr Collaery responded to that particular argument, Mr Speaker, by saying that on any one day you could be putting a one-bedroom extension onto your house and there could be five contractors working on the job with their three workers or apprentices or something, and that would give you sufficient employees for a designated work group. Again, it is only at the behest of the principal contractor that you can invoke this particular proposal. But more importantly - and this is where Mr Collaery failed to pick up the points - 14 days' notice must be given before a DWG can be established. So, in that context, it would be a fairly slow group of contractors if you were just putting on a one-bedroom extension.
Mr Collaery: Well, Ellnor's crowd took ten weeks to put a bedroom onto a house near us.
MR WHALAN: It would have been done very thoroughly. The Government urges support, Mr Speaker.
Question put:
That the new clause be inserted.
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