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Legislative Assembly for the ACT: 2001 Week 6 Hansard (15 June) . . Page.. 1839 ..
Mr Humphries: No, we did not.
Mr Rugendyke: No, I ridiculed that. They didn't ridicule it; I ridiculed it.
MR BERRY: With respect, Mr Rugendyke, you misunderstand ambit claims and the history and tradition of them. Some of us are sometimes amused by ambit claims, but they have a long and traditional history in industrial relations in this country which has been borne out by necessity under industrial law. There is nothing special or unusual about them.
Mr Rugendyke: I have been Berry-ed again.
MR BERRY: You say that you have been Berry-ed again. What was untrue in what I just said? Nothing.
Mr Humphries: You just said that we had ridiculed the award process.
MR BERRY: I heard Michael Moore laughing about some of the numbers.
Mr Humphries: Oh, laughing is ridicule, is it?
MR BERRY: That is. Mr Kaine, rightly, said that this matter should be resolved in the Industrial Relations Commission, not here. That is what we are setting out to do. I think we are overstepping the mark here. Mr Kaine said, "If you do not understand the consequences, vote no." I agree with him. He does not understand the consequences. Mr Kaine, you will not get today an understanding of the consequences from Mr Humphries, so you should vote no to their proposal by supporting my move.
Mr Kaine mentioned the Administrative Appeals Tribunal. I think he might have been referring to a certain difficulty between an employee and a member of this place which went to the Administrative Appeals Tribunal. It was not an industrial matter and whatever the Administrative Appeals Tribunal said in relation to the matter would not have much bearing on what happens in the Industrial Relations Commission.
Mr Kaine: It was just a ruling which I thought was relevant.
MR BERRY: It may well have been a ruling, Mr Kaine, but it would not have much to do with what goes on in the Industrial Relations Commission, because the Industrial Relations Commission will find that the territory is the employer. Mr Rugendyke, whatever you want to do, the Industrial Relations Commission will always find that the territory is the employer. They may find that you are the delegate of the employer, for good reason.
Mr Rugendyke: I am happy with that.
MR BERRY
: You should be aware of the fact that, as a delegate of the employer, certain conditions will be set out by the employer in relation to your employees and how you can apply them. Those conditions are set out in another instrument which I have in front of me somewhere, I think it is Instrument No 50 of 2001. It talks about
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