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Wednesday, 13 May 1981
Page: 2343


Mr MOUNTFORD(9.15) —I would like to refer briefly to clauses 440 and 441. Clause 440 provides that all debts will rank equally unless otherwise provided in the legislation. This obviously refers to debenture holders and other secured creditors, who would obviously rank above the creditors mentioned in clause 441. So far as paragraphs (e), (f) and (g) of clause 441 are concerned, I think that wages, compensation for injuries to employees, long service leave and so forth should rank above even secured creditors. In the normal course of events, if a company is going along quite satisfactorily the wages, salaries, long service leave entitlements and so forth are payable when they fall due, either weekly or when a person takes leave. A company which is going bad does not always keep the payment of wages to employees up to date. It puts off the payment of wages because it thinks that they are probably one of the last things that need to be paid. In many instances it is a subsidiary company which is being wound up and the holding company will escape scot free. It wants to maintain some credibility with its largest creditors who are trading with the holding company. Of course, the people it can get rid of are the employees and the small creditors. Therefore I hope the Minister will be able to convince his colleagues in the other States that all of the wages and emoluments of employees should rank above even secured creditors in clause 440 and should not be relegated to the fifth, sixth and seventh positions in clause 441.