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Thursday, 22 May 1980
Page: 3113


Mr LIONEL BOWEN (Kingsford) (Smith) - The amendments, which the Government has accepted, were drawn up by Senator Evans in the Senate. He did so in an endeavour to clarify the situation following the previous drafting of the Bill. I do not know whether this amendment will achieve the success that the

Government hopes for. I refer to the decision in the Lockhart case. I do not know whether any honourable member has addressed his mind to the question of whether one of the parties involved in that case was not in fact an employer of the persons who fall within the definitions contained in Part I or Part II of the principal Act. This amendment is another attempt to try to clarify the situation. I might add that we sought some clarification in the second reading debate as to what the amended section 45D would really mean and what the proposed new section 45E would really mean. The Ministers concerned did not give us any help at that time. We have now before us amendments which indicate that where the third person is a corporation, the fourth person is not. The legislation would come into effect when there was a substantial loss or damage to the business of the fourth person. An effort is being made to clarify the situation. Allegedly, primary boycotts are permissible and secondary boycotts are not. I can still envisage circumstances which I think will cause a fair amount of difficulty.

I make the point that in agreeing to these amendments we in no way agree to the Bill. We think it represents the wrong approach to industrial matters. We think the Government, if it remains in office for long enough, will have enough hindsight to see that these matters ought to be dealt with under the Conciliation and Arbitration Act because we will always be headed for industrial trouble. The amendments do something towards clarification of the situation and accordingly the Opposition has no objection to them.

Question resolved in the affirmative.

Resolution reported; report adopted.







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