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Legislative Assembly for the ACT: 1999 Week 11 Hansard (20 October) . . Page.. 3346 ..

MR BERRY (continuing):

wharfies were in a position to fight back, and the rest of the community fought back with them, and in the end, even Peter Reith accepted that they get paid. Do not give this nonsense to me that you are going to rely on the illegality of the payment to bursars.

Mr Stefaniak: It is not a nonsense.

MR BERRY: Mr Stefaniak says it is not a nonsense.

Mr Stefaniak: It is in the bloody Act.

MR BERRY: Why is it not a nonsense in respect to bursars, when it is quite okay for you to pay others who have withdrawn their goodwill within the public sector? Why is it so? Why is it so for hundreds of other workers? Are you telling me that there has never been any industrial action within your portfolio?

Mr Moore: I have docked the nurses for striking.

MR BERRY: No, no, hang on a minute. What about bans and limitations? These people were not out on strike, Mr Moore, they had taken minor industrial action. They were on extra duties that had been loaded on to them since their last EBA.

Mr Moore: And when the nurses went out on strike they lost their pay.

MR BERRY: Look, the metamorphosis is complete with you, Mr Moore. You have completely changed colour. It is a waste of time. Do not bother interjecting.

MR SPEAKER: Order, please!

MR BERRY: Your contribution means nothing to anybody out in the community. These bursars were attacked in the most vicious way, when the Government was prepared to accept that it was a legitimate part of the industrial process for other workers to withdraw their goodwill and implement industrial bans. It is not illegal. It is not an offence, Mr Stefaniak. It is not an offence for you to pay workers.

Mr Stefaniak: Have a look at 187AC and AD, Wayne.

MR BERRY: Look, mate, all you have got to do is have a look at the bottom of 187AA, sub-paragraph (3), "A contravention of subsection (1) or (2)" - they are the relevant parts that you are talking about - "is not an offence".

Mr Stefaniak: Not a criminal offence, Wayne. Have a look at it.

MR BERRY: It is not an offence. I will lend you a copy.

Mr Stefaniak: AD, AD, mate.

MR BERRY: Okay, I will have a look at that one. Which one?

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