Department of the Legislative Assembly, Northern Territory Government

Ms MARTIN - 2000-08-17

If he really wants to give public servants an ironclad guarantee of their six weeks annual leave, why will he not put it in their award rather than leaving it at the whim of the CLP by placing it only in by-laws which can be changed at any moment?

ANSWER

Mr Speaker, if the Leader of the Opposition wants to ensure that the public service is not disrupted and not unnecessarily concerned about the entitlement to recreation leave that they now enjoy and will continue to enjoy, the Leader of the Opposition would stop this nonsense. She has been deceitful, disruptive and very negative in this matter.

The position is this. There are six weeks annual leave, currently all through by-laws. There is nothing in an award. It has been like that forever. In that situation, have the holidays being at risk? No. Unions have applied, indeed, to have all recreation leave in awards. What they are doing is pushing the Labor line here and being disruptive. In the historical context, six weeks leave is provided to most Territory public servants - four weeks holiday and two weeks tropical leave as it applies to people in the Top End of the Territory - and this is enshrined in by-laws. Let us look at …

Members interjecting.

Mr SPEAKER: Order! A question has been asked. Let us hear the answer in reasonable silence.

Mr REED: Public servants at least would be interested in the truth rather than the deceitfulness of the Leader of the Opposition. Let us see where we are at the moment. The Australian Industrial Relations Commission in 1997 introduced legislation, now being pursued throughout Australia, applying a simplification of standards. Recreation leave for Northern Territory public servants is four weeks because the Industrial Relations Commission is putting in place minimum standards of recreation leave. The minimum standard is four weeks. That is why four weeks will be in awards, as it will be all around Australia. In the Northern Territory we are providing, through the EBAs that have been established and are working well, two additional weeks to bring the total to six.

Here is the reason why public servants should not be concerned. In their EBA there is a clause that says that the leave entitlements will not be unilaterally changed. That is, they can only be changed with the agreement of the public servants. The recreation leave entitlements are enshrined in by-laws. From that point of view there is nothing to worry about. The situation is not changing. The amount of leave stays the same. The process is there to protect the rights of Territory public servants.

The Chief Minister and I yesterday gave an unequivocal assurance that there would be no change. There cannot in fact be a change because of the EBA. If we were to tinker with the EBA you know where we would be, don’t you - straight into the Industrial Relations Court. That is the safety valve that Territory public servants have and it can’t be changed.
Last updated: 09 Aug 2016