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CONCILIATION AND ARBITRATION AMENDMENT BILL (NO. 2) 1983

Order of the Day read for the adjourned debate on the motion of the Minister for Industry and Commerce (Senator Button)-That this Bill be now read a second time.

Debate resumed.

Question-put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Clauses 1 to 13, by leave, taken together and agreed to.

Clause 14 read- Senator Durack moved an amendment, viz: Page 10, proposed new sub-section 70A (1), definition of ''industrial matter'', at end of definition, 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''.

Debate ensued.

Question-That the words proposed to be added be added-put and negatived.

Senator Durack moved a further amendment, viz: Page 15, proposed new sub-section 70J (2), lines 25 to 27, leave out the proposed sub-section, insert 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 organization 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 reduced 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.''.

Debate ensued.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 25

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Hill Jessop Kilgariff Lajovic Lewis Martin Messner Missen Reid (Teller) Scott Teague Townley Walters Watson

NOES, 34

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Harradine Hearn Jones (Teller) McClelland Macklin Maguire Mason Primmer Ray, Robert Reynolds Robertson Ryan Sibraa Tate Walsh Zakharov

Amendment negatived accordingly.

Clause 14 agreed to.

Clauses 15 to 21, by leave, taken together and agreed to.

Clause 22 read- Senator Durack moved an amendment, viz: Page 17, sub-clauses (1) and (2), lines 2 to 30, leave out the sub-clauses.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Clause 22 agreed to.

Clause 23 read- Senator Durack moved an amendment, viz: Page 18, paragraph (a), lines 3 to 7, leave out the paragraph.

Debate ensued.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 25

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Hill Jessop Kilgariff (Teller) Lajovic Lewis Martin Messner Missen Reid Scott Teague Townley Walters Watson

NOES, 33

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Harradine Jones McClelland Macklin Maguire Mason Primmer Ray, Robert Reynolds Robertson (Teller) Ryan Sibraa Tate Walsh Zakharov

Amendment negatived accordingly.

Clause 23 agreed to.

Remainder of Bill, by leave, taken as a whole and agreed to.

Bill to be reported without amendment.

The President resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of Senator Button the Report from the Committee was adopted, and the Bill read a third time.