Page 1480 - Week 05 - Thursday, 12 May 1994
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Trade Union Membership
MR LAMONT: On 10 May 1994 Mr Kaine asked me a question in relation to the Discrimination Act and membership of organisations in relation to employment. In particular, he asked whether there was a requirement of compulsory union membership prior to employment. I undertook to get back to Mr Kaine on that question.
My answer, Mr Kaine, is as follows: In the ACT private and public sector employment is governed by the Industrial Relations Act 1988, a Commonwealth Act. Under that Act the Industrial Relations Commission can insert a preference clause into an award, or ratify an agreement contained in such a clause. The commission, however, cannot enforce compulsory unionism. The ACT Discrimination Act 1991 prohibits discrimination on a number of grounds, including union membership. To some extent the Act may affect relationships between employers and employees, including compulsory union membership. Under the Australian Capital Territory (Self-Government) Act, awards and ratified agreements of the Australian Industrial Relations Commission prevail over ACT legislation. To the extent that awards and agreements conflict with the Discrimination Act 1991, the ACT legislation does not apply, and the Industrial Relations Commission is free to apply preference clauses to ACT employees.
The Government has a policy of encouraging union membership in public sector employment. This is not a policy of compulsory unionism. In public sector employment there are no awards or policies of the Government which require compulsory unionism in any form, including for the purpose of engagement in employment. In applying conditions of employment, this Government makes no distinction between members and non-members of unions.
AUDITOR-GENERAL - REPORT NO. 2 OF 1994
ACT Health - Health Grants and Management of
Information Technology
MADAM SPEAKER: Members, I present, for your information, Auditor-General's report No. 2 of 1994, "ACT Health - Health Grants and Management of Information Technology".
Motion (by Mr Berry), by leave, agreed to:
That the Assembly authorises the publication of Auditor-General's report No. 2 of 1994.
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