Page 5120 - Week 16 - Wednesday, 27 November 1991
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Mr Berry: There is a provision in the Act that prevents that.
MR DUBY: Mr Berry has interjected that there is a provision in the Industrial Relations Act 1988 that prevents that. That may well be the case; but, to all intents and purposes, membership of an organisation of employers has been a disadvantage in certain circumstances in recent times in the Territory.
Mr Berry: But not as much as it is an advantage, or they would not do it.
MR DUBY: That may well be the case. But, then again, if you were going to apply that argument you would not have sex discrimination mentioned at all because I think women often have great advantages in being a member of that particular gender. So, that argument does not hold water.
I would like to say that, in principle, I would like to see discrimination of all kinds eliminated, including that based on membership or non-membership of either an organisation of employers or, in plain English, a union. However, the realpolitik of life is that, as has been pointed out to me on the floor this afternoon, the Industrial Relations Act of 1988 governs membership and preference for union members - or for members of organisations, but basically preference for union members - in a whole range of awards which are subject to and authorised by Federal legislation.
It must also be pointed out that the vast majority of employees, if not all, in the ACT are employed under Federal awards. There are some people, I believe, who may not be under Federal awards - - -
Mr Berry: They might be awardless.
MR DUBY: As has been interjected, they are probably awardless. In other words, they are not covered at all and it is simply a matter of, I guess, negotiation between the employer and the employee as to what is a standard grade.
Mr Berry: There are youth workers - the Social Workers Union.
MR DUBY: Social workers and youth workers apparently are an example of the - - -
Mr Berry: No, the Social Workers Union would cover youth workers.
MR DUBY: All right. That is an example, apparently, of some people, though, who are employed under State awards rather than Federal awards. The bottom line is that passing this amendment, no matter how strongly people
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