Page 1965 - Week 07 - Tuesday, 5 August 2014
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cost that the employers might have to pay for opening on public holidays and weekends; the penalty rates relate to the penalty that workers face for having to work on days that are normally set aside for family time and recreation.
I have heard that some employer groups are not happy with these changes. I say to them that they have a role to play in educating their members. Employer groups need to do more to help businesses develop sustainable models for operation and to provide them with advice on their obligations to employers.
The federal government, through business.gov.au, and the ACT government, through Canberra BusinessPoint, provide small businesses with support to get them onto a sustainable and profitable basis. There is no excuse, in this day and age, for a business to have to contemplate underpaying or not paying their staff loadings on public holidays in order to remain afloat.
Our economy works best when we work together—government, workers and business. I welcome this amendment today and I look forward to seeing the retail, hospitality and service industry workers getting the pay that they deserve.
MR GENTLEMAN (Brindabella—Minister for Planning, Minister for Community Services, Minister for Workplace Safety and Industrial Relations, Minister for Children and Young People and Minister for Ageing) (12.18): I thank members for their contribution to this bill today and I seek to close debate as the new minister for industrial relations. I recognise members from the shop, distributive and allied workers union and ANF here today. These are people that work shiftwork and are affected by public holidays and penalty rates.
This bill will enshrine in the act the government approach that was taken in 2010, 2011 and 2012, when these days fell on a weekend. In these years, the government declared additional public holidays under section 3(1)(b) of the Holidays Act 1958. This issue will arise again in 2015, 2016 and 2017, when at least one of the relevant days falls on a weekend.
The bill will affect employers who operate over the Christmas and new year period where penalty rates under an award or agreement would apply, and enable all workers to refuse to work on those relevant days. The act already provides for additional holidays on Monday or Tuesday if these days fall on a weekend; however, this is in lieu of the actual day. The approach in the bill provides certainty for employers and workers with the least complexity and administrative burden. It also is consistent with the New South Wales current practice.
It is acknowledged that the amendment is likely to have the greatest impact on essential services, including the health and hospitality sectors. There have been several unsuccessful attempts by employers to remove penalty rates from some of the awards in these sectors, and the addition of public holidays in some years will inevitably encounter a level of opposition.
I understand that the Australian Hotels Association has raised concerns that there has been no consultation on the bill. This is not the case. On 17 May 2013, the ACT Work Safety Council, as a statutory tripartite advisory body, was given the opportunity to make submissions. Members include the ACT Council of Social Service, the ACT
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