Ms LAWRIE - 2014-10-28
In your media release of 6 December last year regarding the sale of the Darwin Bus Service, you said:
I seek leave to table the media release.
Leave granted.
Ms LAWRIE: I am advised the new private operator is no longer paying meal breaks, rostered days off have been cut and overtime is now being averaged out weekly rather than daily. This is an example of what happens when public assets are privatised. Will you now admit that when public assets are privatised workers and their families lose out, and nothing your government says can be trusted?
Mr ELFERINK: A point of order, Madam Speaker! Standing Order 112; the last line of the question offends the standing order.
Madam SPEAKER: No, it is not a point of order. Minister for Transport, you have the call.
ANSWER
Madam Speaker, I thank the Leader of the Opposition for her uninformed question. It is so typical of the opposition these days to come in here and make these wild statements.
The Transport Workers Union has met with Territory Transit and made calculations in relation to the payment of employee entitlements. These have resulted in a reduction in take home pay for some recently transferred staff.
I am sure the Leader of the Opposition has spoken to the TWU in relation to this, but I will make a couple of points. Part of the transfer of business requirements national employee legislation, also known as the Fair Work Act, requires that the employment conditions of the first employer transfer across to the second employer. This is so transferring staff maintain continuity in their employment entitlements and are no worse off as a result of the business transferring between operators and employers.
These entitlements, detailed in the Northern Territory Public Sector Enterprise Agreement 2013-17, provide details on the pay and conditions which apply to the majority of public servants. It is also being used by Territory Transit as the award which applies to its staff, who are now considered private sector employees.
This arrangement will continue until such time as the Northern Territory Public Sector Enterprise Agreement expires in 2017 and a new agreement is negotiated by Territory Transit with its staff, or it can be ceased, with the approval of the Fair Work Commission, on application from Territory Transit.
A number of issues have been discovered since we transferred the Darwin Bus Service to Territory Transit. I am assuming Territory Transit management responsible for former Darwin Bus Service staff have reviewed the NT Public Service Enterprise Agreement in detail in order to pay staff in accordance with the award. It appears these arrangements were introduced over a period of time, and these people have been overpaid, in some instances, for about 20 years. I will say that again. There have been a number of overpayments to these staff for many years. Give me …
Ms Lawrie: Those are meal break payments.
Mr STYLES: Meal breaks were paid breaks. The enterprise agreement provisions …
Ms Fyles: You are talking about overtime.
Ms Manison interjecting.
Mr ELFERINK: A point of order, Madam Speaker! The minister is asking for an opportunity to answer the question. Constant interjections from the other side are making that difficult for him.
Madam SPEAKER: It is not a point of order.
Mr GUNNER: A point of order, Madam Speaker! Standing Order 255 – can the minister table the document he is quoting from?
Madam SPEAKER: Minister, is it a document you wish to table or are they your private notes?
Mr STYLES: These are my notes. The information is on the public record, and the member for Fannie Bay should know that. Do some research or get a briefing from your union mates, because they also know workers have been overpaid.
They have had a good deal for many years. It is simply a change …
Madam SPEAKER: Minister, your time has expired.
- ‘… employee entitlements are preserved …’
I seek leave to table the media release.
Leave granted.
Ms LAWRIE: I am advised the new private operator is no longer paying meal breaks, rostered days off have been cut and overtime is now being averaged out weekly rather than daily. This is an example of what happens when public assets are privatised. Will you now admit that when public assets are privatised workers and their families lose out, and nothing your government says can be trusted?
Mr ELFERINK: A point of order, Madam Speaker! Standing Order 112; the last line of the question offends the standing order.
Madam SPEAKER: No, it is not a point of order. Minister for Transport, you have the call.
ANSWER
Madam Speaker, I thank the Leader of the Opposition for her uninformed question. It is so typical of the opposition these days to come in here and make these wild statements.
The Transport Workers Union has met with Territory Transit and made calculations in relation to the payment of employee entitlements. These have resulted in a reduction in take home pay for some recently transferred staff.
I am sure the Leader of the Opposition has spoken to the TWU in relation to this, but I will make a couple of points. Part of the transfer of business requirements national employee legislation, also known as the Fair Work Act, requires that the employment conditions of the first employer transfer across to the second employer. This is so transferring staff maintain continuity in their employment entitlements and are no worse off as a result of the business transferring between operators and employers.
These entitlements, detailed in the Northern Territory Public Sector Enterprise Agreement 2013-17, provide details on the pay and conditions which apply to the majority of public servants. It is also being used by Territory Transit as the award which applies to its staff, who are now considered private sector employees.
This arrangement will continue until such time as the Northern Territory Public Sector Enterprise Agreement expires in 2017 and a new agreement is negotiated by Territory Transit with its staff, or it can be ceased, with the approval of the Fair Work Commission, on application from Territory Transit.
A number of issues have been discovered since we transferred the Darwin Bus Service to Territory Transit. I am assuming Territory Transit management responsible for former Darwin Bus Service staff have reviewed the NT Public Service Enterprise Agreement in detail in order to pay staff in accordance with the award. It appears these arrangements were introduced over a period of time, and these people have been overpaid, in some instances, for about 20 years. I will say that again. There have been a number of overpayments to these staff for many years. Give me …
Ms Lawrie: Those are meal break payments.
Mr STYLES: Meal breaks were paid breaks. The enterprise agreement provisions …
Ms Fyles: You are talking about overtime.
Ms Manison interjecting.
Mr ELFERINK: A point of order, Madam Speaker! The minister is asking for an opportunity to answer the question. Constant interjections from the other side are making that difficult for him.
Madam SPEAKER: It is not a point of order.
Mr GUNNER: A point of order, Madam Speaker! Standing Order 255 – can the minister table the document he is quoting from?
Madam SPEAKER: Minister, is it a document you wish to table or are they your private notes?
Mr STYLES: These are my notes. The information is on the public record, and the member for Fannie Bay should know that. Do some research or get a briefing from your union mates, because they also know workers have been overpaid.
They have had a good deal for many years. It is simply a change …
Madam SPEAKER: Minister, your time has expired.
Last updated: 09 Aug 2016