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Parliamentary record : Part I debates (19 August 1981)



Parliamentary record : Part I debates (19 August 1981)


Debates for 3rd Assembly 1980 - 1983; ParliamentNT; Parliamentary Record; 3rd Assembly 1980 - 1983




Made available by the Legislative Assembly of the Northern Territory





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Northern Territory Legislative Assembly

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES - Wednesday 19 August 1981 Mr EVERINGHAM: I move amendments 53.4 to 53.8. By deleting the words 'in relation to an employee' from the definition of 'award', the correct emphasis is achieved that awards are binding on both employers and employees. Amendment 53.5 arises because the definition of employee already emphasises the words 'contract of service'. The words 'or for labour only or substantially for labour only', are redundant. Amendment 53.6 is a drafting requirement again as are 53.7 and 53.8 for the same reason as that advanced in support of the amendments to the first bill. Amendments agreed to. Clause 7, as amended, agreed to. Clause 8: Mr EVERINGHAM: I move amendment 53.10. Whenever an employee is terminated, for any reason, he is paid an amount in lieu of his long service leave if he has accrued the basic prescription. Under this bill, that prescription is 13 weeks after 10 years. Under clause 10(1), an employee may lose entitlement to such payments if he is terminated for serious misconduct. Naturally, the provision regarding deduction of long service leave following termination through serious misconduct is confined to pro rata entitlement only. Thus this amendment preserves the payment to employees after they have fulfilled the basic prescription. Mr ISAACS: Mr Chairman, I was pleased to hear what the Chief Minister just said because that was the precise point the member for Nhulunbuy and I made. Mr EVERINGHAM: I was hoping the committee would consider the opposition's amendments first because my advice is that our amendment will preserve the payout on termination whatever the circumstances. Mr ISAACS: That is true but only if the Chief Minister then accepts the proposition put by the member for Nhulunbuy. If not, then the insertion of the words 'notwithstanding subsection 10(1)' means that, whatever you say about clause 8, clause 10(1) will apply. That means that an employee can lose his long service payment after 10 years if he is terminated for serious misconduct. As the Chief Minister rightly pointed out, nowhere else in Australia does that apply. Secondly, Commissioner Taylor did not recommend that that word be included nor is that phrase contained in the Long Service Act that we are repealing. We would only support it if the words 'serious and wilful misconduct' are removed for the precise reason the Chief Minister himself gave: nowhere else in Australia is long service leave taken off a person once it has been accrued. Mr Taylor did not recommend it and it is not in the previous legislation. I put that to the Chief Minister. If he agrees with it, there is no point in having 'notwithstanding subsection 10(1)' inserted. Amendment agreed to. Mr EVERINGHAM: I move amendment 53.9. This is a drafting amendment. Amendment agreed to. Mr LEO: I move amendment 50.1. 1311