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Legislative Assembly for the ACT: 2000 Week 4 Hansard (30 March) . . Page.. 1220 ..

Mr Berry asked the Chief Minister, upon notice, on 9 March 2000:

In relation to the most recent union picnic day:

1) What response did WorkCover initially give to agencies and the public about entitlements?

2) What was the basis for the initial advice given by WorkCover and was WorkCover acting on advice or instructions from any source; if so, who?

3) If this is in written form, will you provide a copy of this document to all Members?

4) Did WorkCover revise its response to agencies and the public about entitlements

(a) if so why;

(b) if this is in written form, could you provide a copy of this document to all Members.

5) Were you aware of proceedings in relation to union picnic day in the Australian Industrial Relations Commission in the week commencing 28 February 2000?

6) What action did the Government take in respect to these proceedings?

7) Did the Chief Minister's Department take an interest in the matter?

8) If so, what actions were taken and on what basis were these actions taken?

Ms Carnell: The answer to the member's question is as follows:

1) WorkCover has not received any queries from agencies. Members of the public and private sector employers were informed:

� Union picnic day occurs on 6 March 2000.

� The holiday is a prescribed holiday under the Holidays Act 1958 (the Act). It provides a holiday for employees covered by the Schedule of Federal Industrial Awards which is prescribed by and attached to the Act. Employees who are not covered by the Federal Awards attached to the Act, or employees working under an enterprise agreement that provides for a holiday on another day are not entitled to the holiday.

� If a person was unsure about which award they are employed under they were advised to contact the Commonwealth Department of Employment, Workplace Relations and Small Business which provides the awards advisory service.

� The Full Bench of the Australian Industrial Relations Commission considered certain matters in relation to this holiday and would hand down its decision on 3 March 2000. The advice provided by ACT Government Departments was consistent with the decision of the Australian Industrial Relations Commission.

2) Initial advice given by ACT WorkCover was consistent with advice sent to Mr Pyner, Secretary of the Trades and Labour Council by Mr Paul Rayner (then Director Employment and Remuneration Branch of the Chief Minister's Department) on 22 March 1999.

3) I have attached a copy of this initial advice for Members' information.

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