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Thursday, 20 April 1972
Page: 1316


Senator BISHOP (South Australia) . - I am sorry that I have to follow this up at this late hour, but 1 think it is necessary. I will quickly restate the contention of the unions. In this matter the unions are almost as well equipped as the Minister's advisers because the unions have had legal advice. Proposed section 12d (2.) reads:

The orders that may be made under Dic last preceding sub-section are -

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

(b)   orders directing the cessation of conduct that constitutes, or encourages the continuation of, the industrial situation or prohibiting the engaging in conduct that would constitute or bring about the industrial situation.

The unions say that those orders by the Arbitrator can be issued upon the unions because of the definition of organisation in the Public Service Arbitration Act. It reads:

Organisation' means an organisation within the meaning of the Conciliation and Arbitration Act . . .

We know from answers on this score that it is possible for the Arbitrator, on an application by any Minister, to enforce an order to stand down workers because of a dispute outside the Commonwealth Service. The dispute does not have to be within the Commonwealth Service. That is one thing we learned today. That is one benefit of these Committee deliberations. We have also learned that a Minister may act although he is not the Minister concerned with the management of the section in which the dispute occurs. That is an extraordinary new power. There is a new question which might be answered by the Minister. Can the Arbitrator enforce or try to enforce such orders upon organisations which are not concerned or are only partly concerned with Commonwealth employment?







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