Page 5674 - Week 17 - Thursday, 5 December 1991

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The Contractor must comply with the provisions of building industry redundancy pay scheme agreements reached from time to time -

I emphasise the words "from time to time" -

between the Australian Federation of Construction Contractors ("AFCC") and either or both the Australian Council of Trade Unions ("ACTU") or the unions representing the Contractor's personnel working on the Site ...

It may be that the successful tenderer is not a member of the AFCC, is not part of the AFCC's arrangements. Why should that tenderer be bound by agreements between the ACTU or the TLC, on the one hand, and the Australian Federation of Construction Contractors, on the other?

Mr Collaery: Because this Government is into restrictive trade practices; that is why.

MR HUMPHRIES: Mr Collaery interjects that the Government appears to be into some kind of restrictive trade practices. Although I do not always agree with Mr Collaery, I have to say that it sounds suspiciously as though that is the case. An exclusive agreement of the kind not countenanced or condoned by the Trade Practices Act is being worked out here between the Government and the Trades and Labour Council, with the involvement of the Australian Federation of Construction Contractors.

The Alliance Government also entered into discussions with those bodies with respect to these sorts of arrangements. We spoke with all of the parties in this dispute, and I would not pretend that we were not sympathetic to at least considering the arguments of all sides in this matter. But I think it is wrong of the Government to conceal the details of the arrangements that it appears to have worked out with these bodies. I think the least the ACT public should receive is a copy of the memorandum of agreement between the Government and these bodies which spells out the arrangements which are to be pursued as a matter of public policy by agencies and statutory authorities within the ACT. That, I think, is our right and the right of the community, but we have not seen it.

I return to the appropriateness of payments under the CERT scheme. They are, as I indicated, well above the awards or what could be expected under the awards. They are also clearly of a nature which gives rise to some concern about the purpose for which they are to be used. I do not know whether the money is appropriately expended once it is paid into this CERT Fund. I assume that there are statutory arrangements that govern this kind of agreement, this kind of fund, and that therefore the money is appropriately dealt with.


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