Book 8 - Parliament of Victoria

PUBLIC HOLIDAYS AMENDMENT BILL 2011
Thursday, 2 June 2011 COUNCIL 1713
holiday, either Melbourne Cup Day or another day
gazetted by their shire.
Mr Dalla-Riva read from the Government Gazette and
said, ‘So-and-so town has gazetted this day’ and so on,
as if that was confusing. I do not agree that is
confusing, and the issue I am trying to get to here is that
we are not creating confusion. I do not think that is
confusing, because it is gazetting publicly 90 days
before Melbourne Cup Day what public holidays will
apply everywhere. I do not see how that can be
confusing, because prior to that it was not required.
I ask the minister: what is going to happen given that
the 90-day provision remains in the bill and the default
position will still be Melbourne Cup Day if there is no
alternative day proclaimed? Now that there can be
half-days as well as full days, is it not the case that that
list in the Government Gazette is going to get longer?
Hon. R. A. DALLA-RIVA (Minister for
Employment and Industrial Relations) — The question
goes directly to clause 4, and I suggest, with the
greatest respect and through the Chair, that we are now
on clause 4. Ms Pennicuik is asking specifically about
the 90-day requirement and the half-days. I would
prefer that we get through the clauses rather than spend
10 minutes on comments about clause 4 during a
discussion of clause 1.
The DEPUTY PRESIDENT — Order! I am
inclined to agree with the minister. However, I will just
say this: if by answering questions on some detail of the
bill in clause 1 we were to advance the rest of the bill
more quickly, then I am happy to take them. But if
members of the committee intend to pursue questions in
relation to the specific clauses, I would rather they hold
the questions for discussion under those clauses. I leave
it to members to cooperate with me in that regard.
Hon. R. A. DALLA-RIVA — I was happy to
answer the question; I have my notes open at clause 4.
It is not that I do not want to answer the question, but it
seems that we will discuss it under clause 1 and then
again when we get to clause 4. The very issue that was
raised about the workplace agreements relates to
clause 4 as well, which is the advice I have received. I
was going to hold that until we get to clause 4 and then
answer the question.
The DEPUTY PRESIDENT — Order! I am
inclined to put clause 1 to the vote.
Ms PENNICUIK (Southern Metropolitan) — I
think the minister has the background to what I am
saying, and I am happy to hold that off to clause 4. I
have one more comment to make or question to ask
regarding clause 1, and that goes directly to the purpose
of the bill.
During our discussion one of the things that was
confusing me, and it has become clear during this
discussion, was that we have a designated Melbourne
Cup Day holiday in metropolitan Melbourne, which is
now the default everywhere unless something else is
declared, but what is being proposed to be declared —
and possibly has been in other cases; I do not have the
detail — is that in lieu of that day there can be a race
day, an agricultural show day or half and half.
That is where the confusion comes from. It comes from
Melbourne Cup Day being changed. The crux of the
problem is the abolition of Melbourne Show Day by the
Kennett government. If we were to reinstate show day,
then we could have an alternative race day in a regional
area and an alternative agricultural show day in a
regional area. That is where the confusion comes from.
The DEPUTY PRESIDENT — Order! Every time
Mr Davis speaks we end up with a much longer debate
in clause 1.
Mr P. DAVIS (Eastern Victoria) — I was here. I
supported that bill, and it is all my fault! The logic is
profoundly challenging.
Honourable members interjecting.
The DEPUTY PRESIDENT — Order! I inform
Mr Davis that it is not polite to laugh at your own jokes.
Mr P. DAVIS — I am laughing at Ms Pennicuik. I
am sorry, and I apologise to Ms Pennicuik.
The DEPUTY PRESIDENT — Order! Mr Davis
is to make his contribution.
Mr P. DAVIS — Ms Pennicuik has admitted she is
confused, but that is understandable given the premise
of her political disposition. I will focus squarely on the
bill that is in front of us. There is one public holiday,
which is Melbourne Cup Day. It is negotiable in the
rural municipalities — —
Ms Pennicuik — It is creating confusion.
Mr P. DAVIS — No; no. The 48 municipalities
outside the metropolitan area are able to negotiate
within their communities and say, ‘We will move away
from the default public holiday on Melbourne Cup
Day’.
Ms Pennicuik — They are not doing it.