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Thursday, 20 April 1972
Page: 1315


Senator BISHOP (South Australia) - 1 again raise a question which has not been answered. The Minister may recall that 1 referred not only to the conflict between the proposed new section 12D(2.)(b) in the Bill and section 13 of the principal Act, but also to the meaning of paragraph (a) of sub-section (2.) of section I 2d. It reads: . . orders relating to conditions of employment of officers or 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 situation;

The complaint of the unions concerns section 3 of the Public Service Arbitration Act, which includes this definition:

Organisation' means an organisation within the meaning of the Conciliation and Arbitration Act 1904-1950; lt seems to me that the union correctly claims that the Arbitrator or a Deputy Arbitrator can enforce upon an organisation which is registered under the Conciliation and Arbitration Act an order in relation to a matter which, after all, concerns only Commonwealth public servants. Organisations not involved in the Commonwealth Public Service could be affected. That is the legal advice given to the unions. Some explanation should be furnished and I would be interested to learn whether the Minister or his advisers have yet considered that principle.







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