Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments 1 to 8, as circulated, together.

Leave granted.

I move government amendments 1 to 8:

(1)    Clause 3, page 2 (line 3), omit “certain”.

(2)    Clause 4, page 2 (line 13), omit “a pre-reform”, substitute “an”.

(3)    Clause 4, page 2 (line 17), omit “pre-reform”.

(4)    Clause 4, page 2 (line 19), omit “pre-reform”.

(5)    Clause 4, page 2 (after line 21), after the definition of excluded employer, insert:

industrial instrument means any of the following:

             (a)    an award within the meaning of section 4 of the Workplace Relations Act 1996;

             (b)    a workplace agreement within the meaning of section 4 of the Workplace Relations Act 1996;

             (c)    a workplace determination within the meaning of section 4 of the Workplace Relations Act 1996;

             (d)    a transitional award within the meaning of subclause 2(1) of Schedule 6 to the Workplace Relations Act 1996;

             (e)    a pre-reform AWA within the meaning of clause 1 of Schedule 7 to the Workplace Relations Act 1996;

              (f)    a pre-reform certified agreement within the meaning of clause 1 of Schedule 7 to the Workplace Relations Act 1996;

             (g)    a section 170MX award within the meaning of clause 1 of Schedule 7 to the Workplace Relations Act 1996;

             (h)    an old IR agreement within the meaning of clause 1 of Schedule 7 to the Workplace Relations Act 1996;

              (i)    a notional agreement preserving State awards within the meaning of clause 1 of Schedule 8 to the Workplace Relations Act 1996;

              (j)    a preserved State agreement within the meaning of clause 1 of Schedule 8 to the Workplace Relations Act 1996;

             (k)    an instrument prescribed by the regulations for the purposes of this paragraph.

(6)    Clause 4, page 2 (line 27) to page 3 (line 9), omit the definition of pre-reform industrial instrument.

(7)    Clause 5, page 3 (line 12), omit “pre-reform”.

(8)    Clause 5, page 3 (line 20), omit “a pre-reform”, substitute “an”.

The APEC Public Holiday Bill 2007 was drafted to ensure that all federal system employees would be entitled to public holiday entitlements for the APEC holiday. Employer bodies in New South Wales have pointed out that it was not uncommon for public holiday provisions in state awards to be drafted in a way that does not recognise local or regional holidays, like the APEC public holiday, as a public holiday. These public holiday provisions in New South Wales state awards are being carried across into notional agreements preserving state awards, or NAPSAs. This position gave rise to a concern that an employee might not receive the same entitlements for the APEC holiday as for other public holidays under their instrument. There is also some concern that there may be confusion as to what public holiday entitlements should be paid to particular employees on the APEC public holiday, as it would depend on the category of the industrial instrument covered by the bill.

The government wishes to ensure that its original intention that there be a public holiday entitlement for the APEC public holiday is clear. Accordingly, having regard to the concerns raised, the government has proposed this amendment to the bill, which would deem the APEC holiday as a public holiday for all federal instruments to which the APEC holiday could apply, including notional agreements preserving state awards, or NAPSAs, operating in New South Wales. This amendment would avoid any doubt that employees working in local government areas in which the APEC public holiday is to be observed will receive the same entitlement for the APEC public holiday as for other public holidays under their instrument.

Amendments agreed to.

Bill, as amended, agreed to.

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