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Wednesday, 16 November 1983
Page: 2812


Mr MACPHEE(5.54) —by leave-I move:

(1) Clause 14, page 10, line 10, at the end of the definition of ''industrial matter'' add ''but does not include any matter or question relating to, or to the selection or procedures for the selection of persons for, appointment, re- appointment, employment or promotion in public service''.

(2) Clause 14, page 15, lines 25-27, proposed section 70J, omit sub-section (2) , substitute the following sub-sections:

''(2) The orders that may be made under sub-section (1) are-

(a) orders relating to conditions of employment of employees (whether members of an organisation or not) who are concerned in or affected by, or are likely to be concerned in or affected by, the industrial action;

(b) orders directing the cessation of conduct by employees that constitutes, or encourages the continuation of, the industrial action or prohibiting conduct by employees that would constitute or bring about the industrial action; or

(c) orders authorizing the standing down of employees (whether members of an organization or not) who are concerned in or affected by, or are likely to be concerned in or affected by, the industrial action.

''(3) Where an employee has been stood down under an order made under sub- section (2), he is not entitled, in respect of the stand-down period, to-

(a) any salary, wages or other remuneration;

(b) any allowances of a kind that are to be included in salary for the purposes of, or of any provision of, the Long Service Leave (Commonwealth Employees) Act 1976; or

(c) any other allowances of a prescribed kind.

''(4) Where an employee has been stood down, under an order made under sub- section (2), from his employment in a qualifying service, within the meaning of the Long Service Leave (Commonwealth Employees) Act 1976, then, for the purposes of that Act, the continuity of that employment of the employee shall be deemed not to be, or to have been, broken by that stand-down period but the employee shall be deemed not to be, or to have been, employed in that service during that stand-down period.

''(5) Where an employee has been stood down under an order made under sub- section (2)-

(a) any recreation leave credit or sick leave credit that is a relevant credit in relation to the stand-down period; or

(b) where that credit is required to be reduced in accordance with any other law-that credit as so reduced,

shall be reduced, or further reduced, by a period equal to-

(c) where the employee was an employee for the whole of the relevant period in relation to that credit-

(i) the prescribed fraction of the period of that credit; or

(ii) where that credit is required to be re- duced in accordance with any other law the prescribed fraction of the period of that credit before it is so reduced ; or

(d) in any other case the prescribed fraction of the period that that credit would have been if the employee had been an employee for the whole of the relevant period in relation to that credit and that credit was not required to be reduced in accordance with any other law,

for each working day, or part of a working day, in the stand-down period ( excluding any part of that period that is not included in the relevant period in relation to that credit).

''(6) For the purposes of the application of sub-section (5) in relation to an employee who has been stood down as mentioned in that sub-section-

(a) each of the following recreation leave credits or sick leave credits is a relevant credit in relation to the stand-down period:

(i) any recreation leave credit or sick leave credit that, but for sub-section (5), would accrue to the employee concerned during (but not on the first day of) the stand-down period;

(ii) the first recreation leave credit and the first sick leave credit that, but for sub-section (5), would accrue to the employee concerned after the expiration of the stand-down period;

(b) the relevant period, in relation to a recreation leave credit or a sick leave credit, is the period of 12 months ending on the day immediately before the day of accrual of that credit; and

(c) the prescribed fraction, in relation to an employee, is-

(i) where the employee works a five-day week 1

; or

261

1

(ii) in any other case

313

''(7) An order made under sub-section (2) authorizing the standing down of employees may include directions not inconsistent with sub-section (3), (4) or ( 5) that, for any purpose relating to their conditions of employment as employees that is specified in the order, the stand-down period is not to be taken into account, or is to be taken into account as provided in the order, and any directions so given, unless varied or revoked by another order, have effect notwithstanding any law, or any award, that is inconsistent with the directions.

''(8) The powers conferred on the Commission by this section are in addition to , and not in derogation of, the powers conferred on the Commission by any other provision of this Act''.

As the Minister for Employment and Industrial Relations said, we are under time constraints, so I will not speak to these amendments, having already covered them in my lengthy speech during the second reading debate. The provisions of proposed new section 70J were part of legislation introduced by me into this chamber last year.