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CONCILIATION AND ARBITRATION AMENDMENT BILL 1982
COMMONWEALTH EMPLOYEES (VOLUNTARY MEMBERSHIP OF UNIONS) BILL 1982

(Order of the Day read for the adjourned debate on the Question-That these Bills be now read a second time.

Personal Explanation: Senator Evans, by leave, made a personal explanation relating to a matter raised during debate in the House of Representatives on 22 April 1982.

Debate resumed.

The Leader of the Opposition in the Senate (Senator Button) moved an amendment, viz: Leave out all words after ''That'', insert-

''(a) the Conciliation and Arbitration Amendment Bill 1982 and the Commonwealth Employees (Voluntary Membership of Unions) Bill 1982 be referred to a Select Committee;

(b) the Select Committee report to the Senate by the first sitting day in September 1982;

(c) in considering the Bills, the Committee give particular consideration to- (i ) the desirability or otherwise of encouraging the development of industry-based unions in Australia, and the best methods of providing changes in the structure of Australian trade union organisation,

(ii) whether the provision of 'voluntary unionism' and the removal of power to award preference to unionists will contribute to industrial peace and an improvement of the industrial relations climate, and

(iii) whether the right of employers to stand down employees as a result of industrial action without reference to the Conciliation and Arbitration Commission is consistent with modern industrial practices, and will contribute to industrial peace;

(d) the Committee consist of seven Senators, as follows:

(i) three to be nominated by the Leader of the Government in the Senate,

(ii) two to be nominated by the Leader of the Opposition in the Senate,

(iii) one to be nominated by the Leader of the Australian Democrats, and

(iv) an Independent Senator;

(e) the Committee proceed to the despatch of business notwithstanding that all members have not been duly nominated and appointed and notwithstanding any vacancy;

(f) the Chairman of the Committee be appointed by and from the members of the Committee;

(g) the Chairman of the Committee may from time to time appoint another member of the Committee to be the Deputy-Chairman of the Committee, and that the member so appointed act as Chairman of the Committee at any time when there is no Chairman or the Chairman is not present at a meeting of the Committee;

(h) in the event of an equality of voting the Chairman, or the Deputy-Chairman when acting as Chairman, have a casting vote;

(i) two members of the Committee be necessary to constitute a meeting of the Committee for the exercise of its powers;

(j) the Committee have power to send for and examine persons, papers and records , to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives , and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit;

(k) the Committee be provided with all necessary staff, facilities and resources , and be empowered to appoint persons with specialist knowledge for the purposes of the Committee with the approval of the President;

(l) the Committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public;

(m) except where the Committee otherwise decides, its hearings of evidence be open to the public; and

(n) the foregoing provisions of this Resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders''.

Debate continued.

The Minister for Social Security (Senator Chaney), by leave, moved the following amendments to the proposed amendment, viz:

Paragraph (d), line 1, leave out ''seven'', insert ''eight''.

Paragraph (d) sub-paragraph (i), leave out ''three'', insert ''four''.

Debate continued.

Question-That the amendments moved by Senator Chaney to the proposed amendment be agreed to -put.

The Senate divided-

AYES, 27

Senators- Archer Baume Bonner Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Hill Jessop Kilgariff Lajovic MacGibbon Martin Martyr Messner Rae, Peter Reid Scott Townley Walters Watson Withers Young Teller: Senator Thomas

NOES, 29

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Evans Foreman Georges Gietzelt Giles Grimes Haines Harradine Hearn Jones Keeffe McIntosh McLaren Macklin Mason Mulvihill Primmer Ray, Robert Ryan Siddons Tate Teller: Senator Sibraa

Amendments to proposed amendment negatived accordingly.

Question-That the words proposed to be left out be left out (Senator Button's amendment)-put.

The Senate divided-

AYES, 29

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Evans Foreman Georges Gietzelt Giles Grimes Haines Harradine Hearn Jones Keeffe McIntosh McLaren Macklin Mason Mulvihill Primmer Ray, Robert Ryan Siddons Tate Teller: Senator Sibraa

NOES, 27

Senators- Archer Baume Bonner Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Hill Jessop Kilgariff Lajovic MacGibbon Martin Martyr Messner Rae, Peter Reid Scott Townley Walters Watson Withers Young Teller: Senator Thomas

And so it was resolved in the affirmative.

Question-That the words proposed to be inserted be inserted-put and passed.

Main Question, as amended-put.

The Senate divided-

AYES, 27

Senators- Button Childs Chipp Coates Coleman Colston Evans Foreman Georges Gietzelt Giles Grimes Haines Harradine Hearn Keeffe McIntosh McLaren Macklin Mason Mulvihill Primmer Ray, Robert Ryan Siddons Tate Teller: Senator Sibraa

NOES, 25

Senators- Archer Baume Bonner Chaney Collard Crichton- Browne Durack Hamer Hill Jessop Kilgariff Lajovic MacGibbon Martin Martyr Messner Rae, Peter Reid Scott Townley Walters Watson Withers Young Teller: Senator Thomas

And so it was resolved in the affirmative.