Page 5107 - Week 16 - Wednesday, 27 November 1991
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It goes on to say:
(2) In this section:
"law" means:
(a) a law in force in the Territory (other than an enactment or a subordinate law); or
(b) an award, -
this is the most important part -
order or determination, or any other instrument of a legislative character, made under a law falling within paragraph (a).
Mr Stefaniak went to great lengths to raise the old harum-scarum, reds-under-the-bed stuff, Stalin and all those sorts of things; but there are matters of fact in Australian history that cannot be ignored. Industrial relations in this country have a long history. One of the very first pieces of national legislation which affected industrial relations in this country was the Conciliation and Arbitration Act of 1904. That has been overtaken by the Industrial Relations Act of 1988, but most of the longstanding provisions of that Act remain in force in the Territory. As Mr Speaker would be aware, Territory awards are awards generally of the Federal commission.
Mr Stefaniak seeks to ensure that membership or non-membership of an association of students or a voluntary body is included in the Bill at clause 7. What he seeks to do is overturn that Federal law. The Federal law is very clear on a number of issues. It talks about reinstatement and all of those sorts of things, as Mr Speaker would be aware. I will not go into the reinstatement law, but there is power under the Federal Act to reappoint members of organisations. Unions have the power to take these issues to the courts and the courts can rule in favour of members of organisations. They cannot, of course, rule in favour of people who are not members of organisations in relation to reinstatement.
The issue of preference is an example which flies in the face of what Mr Stefaniak is attempting to do. Subsection 122(1) of the Industrial Relations Act 1988 says:
The Commission may, by an award, or by an order made on the application of an organisation or person bound by an award, direct that preference shall be given, in relation to particular matters, in such manner and subject to such conditions as are specified in the award or order, to particular organisations, members of particular organisations or persons who have applied to become members of particular organisations;
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