Page 5108 - Week 16 - Wednesday, 27 November 1991

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Subsection 122(1A) deals with preference, and it says:

The following matters are examples of the matters in relation to which it may be directed under sub-section (1) that preference is to be given:

(a) engagement in employment;

(b) promotion;

(d) transfer;

(e) retention in employment;

(f) taking annual leave;

(g) overtime;

(h) vocational training; ...

Subsection 122(2) says:

Whenever, in the opinion of the Commission, it is necessary:

(a) for the prevention or settlement of an industrial dispute;

(b) for ensuring that effect will be given to the purposes and objectives of an award;

(d) for the welfare of society;

to direct that preference shall be given to members of organisations or persons who have applied to become members of organisations as provided by subsection (1), the Commission shall give the direction.

That flies in the face of what Mr Stefaniak is trying to achieve. Mr Stefaniak is trying to prevent the commission from - - -

Mr Humphries: Those provisions say that it does.

MR BERRY: Mr Stefaniak seeks to overturn the Federal law. I heard Mr Humphries say, "If those provisions say that it does". This is the dark side of the Hewson package. I will not go into that; more on that later. This is the little grab bag of dark tricks in the Hewson package; it is not mentioned up front. This is, very clearly, a provision of a Federal Act which would be affected by the provisions which Mr Stefaniak seeks to achieve by his amendment.

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