No. 46

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                            TUESDAY 14 MARCH 1995

 

 

 1         Meeting of House

                  The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

 

2         Messages from the Governor

                  The following Messages from the Governor were received and read:

 

            Pipelines Authority (Sale of Pipelines) Amendment Bill - Recommending                Message No. 19

                  The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Pipelines Authority (Sale of Pipelines) Amendment Bill 1995.

                  Government House, 14 March 1995                                                                                                           R.F. Mitchell, GOVERNOR

 

            Assent to Bills                                                                                                                                                                                Message No. 20

                  The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session viz. -

                  No. 5 of 1995 - An Act to amend the Lottery and Gaming Act 1936.

                  No. 6 of 1995 - An Act to amend the Corporations (South Australia) Act 1990 to provide for the jurisdiction of lower court in civil matters arising under the corporations law; and to make other amendments of a minor or consequential nature.

                  No. 7 of 1995 - An Act to provide for the sale of the Hutchinson Hospital premises in Gawler and the winding up of the Thomas Hutchinson Trust and certain other trusts; and for other related purposes.

                  Government House, 14 March 1995                                                                                                           R.F. Mitchell, GOVERNOR

 

3         Petitions Nos 151 and 152

                  The Clerk announced that the following Members had lodged Petitions for presentation:

 

                  151    Mr Becker, from 51 residents of South Australia, requesting that the House urge the Government to re-introduce capital punishment.

 

                  152   Mr Meier, from 33 residents of South Australia, requesting that the House urge the Government to criminalise sodomy.

 

4         Answer to a question

                  An answer to a question without notice was tabled by the Speaker.


 

5         Papers

                  The following Papers were tabled:

 

                  By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon. J.W. Olsen) -

                              National Road Transport Commission - Report, 1993-94

 

                  By the Minister for Health (Hon. M.H. Armitage) -

                              Aboriginal Lands Trust - Report, 1993-94

                             

                  By the Minister for Housing, Urban Development and Local Government Relations (Hon. J.K.G. Oswald) -

                              Administration of the Development Act - Report for 15 January 1994 - 30 June 1994

                              District Council of Strathalbyn - By-laws -

                                          No. 1 - Permits and Penalties

                                          No. 2 - Moveable Signs.

 

6         Social Development Committee - Report - Long Term Unemployment and the Adequacy of Income Support Measures

                  Mr Leggett brought up the Report of the Committee on Long Term Unemployment and the Adequacy of Income Support Measures.

                  Report received. (Paper No. 196).

 

7          Questions

                  Questions without notice were asked.

                  Ordered - That the period for asking questions without notice be extended by five minutes.

                  Questions without notice resumed.

                 

            Member named

                  The Speaker named the Honourable Member for Spence (Mr Atkinson) for reflecting on the Chair.

 

            Member's explanation accepted

                  The Honourable Member made an apology which was accepted by the Speaker.

 

8         Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

9         Message from the Legislative Council

                  The following Message from the Legislative Council was received and read:

 

            Industrial and Employee Relations (Miscellaneous Provisions) Amendment

                    Bill                                                                                                                                                                                                       Message No. 89

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Industrial and Employee Relations Act 1994, with amendments indicated by the annexed Schedule, to which the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 9 March 1995                                                                                                             H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1             Page 2, lines 8 to 21 (clause 4) - Leave out subsections (2) to (5) and insert new subsections as follow:-


                                          ‘(2)    However, an association, or two or more associations of employees, may enter into an enterprise agreement on behalf of the group of employees to which the agreement applies if the association or associations are authorised by a majority of employees constituting the group to act on their behalf.

                                          (3)     An authorisation given to an association by an employee for the purposes of subsection (2) is effective for a term or two years unless the employee by written notice given to the association revokes it before the end of that term.

                                          (4)     A member of an association is taken to have given the association an authorisation for the purposes of subsection (2) for as long as the member remains a member of the association unless the member by written notice given to the association withdraws the authorisation.

                                          (5)     If -

                                                      (a)     an employer proposes to have an enterprise agreement with a group of employees who are yet to be employed by the employer; and

                                                      (b)     the employees -

                                                                  (i)      are of a class not currently, or formerly, employed by the employer or a related employer in South Australia; or

                                                                  (ii)    are to be engaged in operations of a kind that are not currently, and have not been formerly, carried on by the employer or a related employer in South Australia,

                                                      the employer may enter, on a provisional basis, into an enterprise agreement (a “provisional enterprise agreement”) with a registered association of employees that is able under its rules to represent the industrial interests of the employees.’

                  No. 2            Page 2 (clause 4) - After line 24 insert new subsection as follows:-

                                          ‘(7)     Employers are related for the purposes of this section if -

                                                      (a)     one takes over or otherwise acquires the business or part of the business of the other; or

                                                      (b)     they are corporations -

                                                                   (i)     that are related to each other for the purposes of the Corporations Law;  or

                                                                  (ii)    that have substantially the same directors or are under substantially the same management; or

                                                      (c)     a series of relationships can be traced between them under paragraph (a)  or (b).

                  No. 3            Page 3, lines 16 to 22 (clause 6) - Leave out subparagraph (ii) and insert new subparagraph as follows:-

                                          “(ii)  if, in the course of the renegotiation, the employer and the group1 reach agreement (either in the same or on different terms), the agreement is, on its approval under this Part, to take the place of the provisional agreement and, if agreement is not reached, the provisional agreement lapses at the end of the period fixed for its renegotiation.

                                                                                    1.The group may, if the appropriate authorisation exists, be represented in the negotiations by an association or associations of employees - See section 75.”

                  No. 4            Page 3, lines 26 to 30 (clause 6) - Leave out subsection (8).

                  No. 5            Page 4, lines 8 to 17 (clause 9) - Leave out subsection (2A) and insert new subsection as follows:-

                                          “(2A)           The Commission cannot order the payment of compensation exceeding six months’ remuneration at the rate applicable to the dismissed employee immediately before the dismissal took effect, or $30 000 (indexed), whichever is the greater.”

                  No. 6            Page 4 - After line 17 insert new clause as follows:-

                            9A. “Amendment of s.115 - Freedom of association  Section 115 of the principal Act is amended by striking out subsection (3) and substituting the following subsections:

                                          (3)     A person must not -

                                                      (a)     require another to become, or remain, a member of an association; or


                                                      (b)     prevent another from becoming or remaining a member of an association of which the other person is, in accordance with the rules of the association, entitled to be a member; or

                                                      (c)     induce another to enter into a contract or undertaking not to become or remain a member of an association.

                                                                  Penalty:  Division 4 fine.

                                          (4)     A contract or undertaking to become or remain, or not to become or remain, a member of an association is void.”

                  No. 7             Page 5, line 4 (clause 11) - Leave out “be” and insert “by”.

                  No. 8            Page 5, lines 5 to 12 (clause 11) - Leave out paragraph (c).

                  No. 9            Page 5 - After line 12 insert new clause as follows:-

                            11A. ‘Amendment of s.198 - Assignment of Commissioner to deal with dispute resolution. Section 198 of the principal Act is amended by striking out from subsection (2) “between the parties to” and substituting “arising under”.’

                  No. 10         Page 5, lines 13 to 18 (clause 12) - Leave out the clause.

                                                                                                                                           J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL      

 

                  Ordered - That the amendments be taken into consideration on motion.

 

10       Mining (Native Title) Amendment Bill

                  Order of the Day read for consideration of the amendments of the Legislative Council in this Bill.

 

                                                                                      In Committee

                  Resolved - That the amendments be disagreed to.                                                                

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had disagreed to the same.

 

11        Phylloxera and Grape Industry  Bill

                  Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

                  Debate resumed.

                 

                  Bill read a second time.

                                                                                      In Committee

                                                                                                Clauses Nos 1 to 4 agreed to.

                                                                                                Clause  No. 5 amended and agreed to.

                                                                                                Clauses Nos 6 to 8 agreed to.

                                                                                                New Clause No. 8A inserted.

                                                                                                Clauses Nos 9 to 11 agreed to.

                                                                                                Clause No. 12 amended and agreed to.

                                                                                                Clause No. 13 agreed to.

                                                                                                Clause No. 14 amended and agreed to.

                                                                                                Clauses Nos 15 to 17 agreed to.

                                                                                                Clause No. 18 amended and agreed to.

                                                                                                Clause No. 19 agreed to.

                                                                                                Clause No. 20 amended and agreed to.

                                                                                                Clause No. 21 agreed to.

                                                                                                Clause Nos 22 and 23 amended and agreed to.

                                                                                                Clause No. 24 agreed to.

                                                                                                Clause  No. 25 amended and agreed to.

                                                                                                Clauses Nos 26 to 29 agreed to.

                                                                                                Schedule amended and agreed to.

                 
                                                                              Title amended and  agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

                  Bill read a third time and passed.

 

12       Adjournment

                  The Minister for Primary Industries (Hon. D. S. Baker) moved - That the House do now adjourn.

                  Debate ensued.

 

13       Message from the Legislative Council

                  The following Message from the Legislative Council was received and read:

 

            Mining (Native Title) Amendment Bill                                                                                                         Message No. 90

                  MR SPEAKER - The Legislative Council insists on its Amendments in the Mining (Native Title) Amendment Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

                  Legislative Council, 14 March 1995                                                                                                          H.P.K. Dunn, PRESIDENT

 

                  Ordered - That consideration of the Message be made an Order of the Day for tomorrow.

 

14       Adjournment

                  Debate (interrupted by receipt of foregoing Message) resumed.

                  Question put and passed.

                  House adjourned at 5.59 p.m. until tomorrow at 2.00 p.m.

                                                                                                                                  ____________

 

                                                                 MOTIONS WHICH NOTICE WAS GIVEN

 

For  Wednesday 15 March 1995

            Notices of Motion: Government Business-

 

                  The Minister for Infrastructure to move - That he have leave to introduce a Bill for an Act to amend the Waterworks Act 1932 and to make consequential amendments to the South Australian Water Corporation Act 1994.

 

                  The Minister for Correctional Services to move - That he have leave to introduce a Bill for an Act to amend the Correctional Services Act 1982 and the Statutes Amendment (Truth in Sentencing) Act 1994.

 

For Thursday 16 March 1995

            Notice of Motion: Other Motions-

 

                  Mr Brokenshire to move - That this House condemns the minority recommendations of the Chair Mr Bill Scales as set out in the Interim Report into the Wine and Grape Industry and urges the Federal Government not to adopt those recommendations which would have a devastating effect on jobs growth and economic development in South Australia.

 


For Thursday 23 March 1995

            Notice of Motion: Private Members Bills/Committees/Regulations-

 

                  Mr Leggett to move - That the Sixth Report of the Social Development Committee on Long Term Unemployment and the Adequacy of Income Support Measures, be noted.

 

                                                                                                                                  ____________

 

                  Present during the day - All Members except Mr Clarke, Mr Foley and Mrs Penfold.

 

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY