The CIRB has not even in a single case found an employer guilty of the question you asked. The debate here has been between essential and non-essential services. I think there is a category in the middle, which is, as the minister referred to it, really important services. The question there is whether or not for those really important services you do declare them essential or you do let the two parties deal with them in a way that they will not operate on a normal basis, but at some reduced basis. That is the purpose of the existing legislation, which simply says this is not essential, but this is not unimportant either, so let the two parties work this thing together. The business can operate at much reduced levels and the workers can go on strike.
On December 5th, 2006. See this statement in context.