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Legislative Assembly for the ACT: 1997 Week 2 Hansard (27 February) . . Page.. 545 ..

MR BERRY (continuing):

for those employees in which they might bargain around the issue of union picnic day? No. The employers went off to the Industrial Relations Commission and went after the trade union picnic day. There is nothing surprising in that; nobody is shocked by it. It is something that the employers have been upset about for some years, and nobody was shocked to their boots when the employers tried this on.

Mrs Carnell says, "Why did not Mr Berry do something about it very quickly?". As I understand it, the orders arising from the case, which was heard before last Christmas, in November, were issued on about 23 January. I sent my drafting instructions to Parliamentary Counsel on 25 January. It is very clear that this is a matter that was in mind for a long time. Mrs Carnell says now, "Why did you not consult with the Government or the employers?". Would they have changed their mind? I have a fair bit of energy, but I ain't wasting any of it. I knew what the Government's position was going to be. The employers understand that I am intelligent enough to know what their position is.

Mr Speaker, this is an issue about safeguarding a holiday that has been around for 58 years. It was a mean-spirited move by Confact to seek to take this holiday away. Confact might wish itself to be remembered as the group which ripped off the holiday from workers in the ACT. I would rather be remembered as the one who helped put it back. The fact of the matter is that these sorts of holidays are established in about four ways. They include dealing with it in an EBA; by agreement in the commission, possibly by way of some sort of dispute settlement; and by that arrangement, which has been recognised by the commission over and over again, by which States or Territories legislate to make sure that it happens. That is what this process is about; this process fully recognises that.

Mrs Carnell: But you have your legislation wrong.

MR BERRY: Mrs Carnell says, "You have the legislation wrong". She is wielding a couple of legal advices here in a late attempt, grasping at straws, to hold these proceedings over until after the next picnic day in order that some people might miss out. Well, you are mean-spirited too, Mrs Carnell. You have demonstrated your clear attempt in relation to this matter. Somebody was saying, "They do not all go to the union picnic day; so, we should knock it off". What an argument! Does that mean that because republicans do not celebrate the Queen's Birthday we should knock that off?

Mr Whitecross: Some people work on Christmas Day; so we should knock that off.

MR BERRY: Does that mean that, because there are not enough Christians keeping busy on Christmas Day worshipping, we should knock that off?

Mr Whitecross: If you do not go to church, no holiday.

MR SPEAKER: Order! Mr Berry has the call.

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