Page 4098 - Week 13 - Wednesday, 24 November 1993

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Mr De Domenico: The last thing I want to do is impute anything in relation to Mr Berry, Madam Speaker.

MADAM SPEAKER: I would hope so, Mr De Domenico.

Mr De Domenico: On that basis, I would withdraw, if Mr Berry feels that way inclined.

MR BERRY: How very gracious of you.

Mr De Domenico: As always, Mr Berry. On with it now, mate.

MADAM SPEAKER: Thank you, Mr De Domenico. Please continue, Mr Berry.

MR BERRY: The ACT Government fully supports the provision of such security, as I said, to underpin the promotion of more decentralised bargaining processes. Similarly, the Bill contains provisions which make lawful industrial action, including strikes and lockouts, which takes place during the bargaining period for a proposed single business.

Mr Humphries: Like with doctors?

MR BERRY: That is fine. The doctors are entitled to strike; but, under this system, they are also expected to perform in accordance with community norms. All other workers are going to be bound by community norms that require access to the conciliation and arbitration process, and commitment to it. The doctors will not do that. That is the difference.

This acknowledgment of the balance of power in labour relations will support the shift of responsibility for bargaining to the enterprise level. Measures to minimise disruption to essential services and to protect the public interest are also included. In further support of the enterprise bargaining process, the Industrial Relations Commission will have the power to make orders that a party bargain in good faith. The ACT Government also fully supports the transfer of the industrial relations applications of sections 45D and 45E of the Trade Practices Act to the Industrial Relations Act. The legislative changes covered by the Bill are extensive and complex. This may necessitate some finetuning adjustments during its passage through the parliament, and subsequently, to ensure that its objectives will be fully met and that there are no unintended consequences. While it notes that there may be some changes of detail, the ACT Government fully supports the broad thrust of the legislation.

As I noted earlier in this statement, consideration of the Commonwealth legislation took up most of the time of the conference. Nevertheless, there was useful discussion on a range of other labour relations issues. In-principle agreement, Mr Deputy Speaker, has been reached between the Federal Government, the ACTU, national employers and the Department of Social Security to develop arrangements by which discounted wage rates can be applied to people with disabilities which prevent them from working at full wage rates. For this purpose a model clause has been developed for incorporation in relevant awards, and officer level discussions will occur shortly to examine the implications for the ACT.


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