Territory Stories

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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On the motion of Mr Everingham, further consideration of postponed clauses 8 and 10 further postponed until after consideration of the Public Holidays BilL PUBLIC HOLIDAYS BILL (Serial 108) Clauses 1 to 3 agreed to. Clause If: Mr EVERINGHAM: Mr Chairman, I move amendments 51.1 to 51.4. The reason for amendment 51.1 is that, 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 as per the previous bills. Amendment 51.2 arises because the definition of 'employee' already emphasises the lvords 'contract of service'. The words 'or for labour only' are redundant again as per previous bills. The reason for amendment 51.3 is that, in common industrial usage, the terms 'ordinary rate of pay', 'ordinary pay' and 'ordinary time rate of pay' have significantly different meanings. Thus, the current definition in the bill of 'ordinary rate of pay' has been deleted and replaced by 2 definitions which conform to Commissioner Taylor's recommended definitions. Amendment 51.4 is needed because the requirements of the Commonwealth Bill of Exchange Act necessitates the inclusion in the definition of 'public holiday' the words 'and bank holiday'. Amendments agreed to. Clause 4, as amended, agreed to. Clauses 5 to 8 agreed to. Clause 9: Mr EVERINGHAM: I move amendment 51.5. This will extend the period of notice from 14 to 28 days by publication in the Gazette. Employers need time to make relief arrangements if work is anticipated on a public holiday and the normal practice is to gazette holidays up to 1 year in advance. Amendment agreed to. Clause 9, as amended, agreed to. Clause 10 agreed to. Clause 11: Mr LEO: I move amendment 49.1. The idea of a public holiday is that an employee can take that day off if he requires it. In some cases, employees go to quite considerable lengths to arrange sporting or camping activities when there is a public holiday. The way the bill reads at the moment, if an employer requires him to work on that day and he is not available, then he receives no pay at all for that day. That seems grossly unfair to me. I cannot understand why that should be there. There is provision within the amendment that a shift worker who would normally be employed on that day will be required to work. 1316

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