PN1
JUSTICE
ROSS: Thank you. The Minister?
PN2
MR
BREEN: If it pleases the Commission. Good morning, Mr President,
and members of the Fair Work Commission, and the representatives from industry,
the trade union movement and the labour profession who are here with us
today. Of course I welcome and acknowledge Deputy President Clancy and
Commissioner Harper‑Greenwell and your families who are with us
today. The Australian Government on whose behalf I speak today is pleased
to take part in these proceedings. The Minister for Employment, Senator
the Honourable Michaelia Cash, is unfortunately unable to be here today but I
wish to pass on her congratulations to you both.
PN3
The
Fair Work Commission, as Australia's national workplace relations tribunal, is
an esteemed institution in this country with a history of over 100 years and
which now covers the majority of workplaces in Australia. This
institution and its predecessors have an extremely important function in this
country and have presided over some of the most significant decisions to have
shaped the nation's industrial landscape. It remains closely interwoven
in the industrial fabric of Australia, and as the national economy changes it
will continue to play an important part in shaping the workplace relations
framework into the future.
PN4
The
Fair Work Commission's guiding principles reflect its important heritage:
equity, good conscience and the merits of the matter. It is required to
exercise its powers and perform its functions under the Fair Work Act 2009 in a
manner that is fair and just, open and transparent, and that promotes
harmonious and cooperative workplace relations.
PN5
Deputy
President, as a new and senior member of the Commission I know you are highly
qualified to undertake this task. You graduated with a degree of Bachelor
of Arts and Laws in 1995 from Monash University and with a Master of Laws in
2003 from the University of Melbourne. Since that time you have dedicated
your professional life to achieving distinction in a range of legal, employment
and workplace relations matters. You commenced as an articled clerk with
Molomby & Molomby Solicitors in 1995. In 1998 you joined Vac-Tech
Group and received rapid promotion to senior management roles, concluding as
national manager, Legal and Employment Services. The practice of law drew
you back in 2001 to become a member of the Victorian Bar, initially reading
with Frank Parry QC and working on a wide range of commercial and industrial
disputes. In 2006 you were a senior advisor on workplace relations to two
federal employment ministers. Subsequently you have excelled in your
employment - for Coles Supermarkets, finishing as national HR advisory services
manager and legal counsel, to the Victorian Employers' Chamber of Commerce and
Industry as executive director, industry policy and workplace relations, and
most recently as director of workplace relations for the Australian Chamber of
Commerce and Industry. In this last role I know you have made a
significant national contribution across all aspects of workplace relations and
have been very highly regarded.
PN6
Your
academic record and experience as a practising solicitor and barrister and in
one of Australia's peak business groups makes you an eminently qualified and an
outstanding appointment as Deputy President for the Fair Work Commission.
Your varied expertise and experience gives you a breadth of vision and
understanding that I know will be very valuable in your role as Deputy
President.
PN7
Commissioner
Harper‑Greenwell, I am delighted to also speak in support of your
appointment and welcome you to your new role. You are admirably
qualified, having received a Bachelor of Science majoring in Human Resources
and Psychology from Monash University, a Graduate Diploma of Employment and
Labour Relations Law from the University of Melbourne, and a Diploma in
Business Excellence from Monash Business School.
PN8
In
your professional career you have supported many medium to large firms in
managing their employee relations. Your practical and senior experience
in negotiation and dispute resolution, to name just a few areas, will I am sure
be invaluable to the conduct of the Fair Work Commission proceedings in which
you officiate. There is no question that you have contributed to the
smooth and effective management of employee and industrial relations in this
country, and I look forward to the contribution you will now make as
Commissioner.
PN9
The
calibre of women and men appointed to the Fair Work Commission must be high and
they must show good judgment. The Australian Government is confident that
you will both perform your duties with the Fair Work Commission fairly,
impartially and effectively. Your appointments to the Commission as a
Deputy President and a Commissioner will only further enhance the important
work performed by this honourable institution. Congratulations to you
both. If it pleases the Commission.
PN10
JUSTICE
ROSS: Ms Carnell.
PN11
MS
CARNELL: Thank you very much. If it pleases the Commission.
Mr Barklamb and I have agreed on a division of labour this morning, which shows
you we work really closely together. I intend to direct my remarks this
morning to the appointment of Deputy President Clancy, and Mr Barklamb will
welcome Commissioner Harper‑Greenwell on behalf of the employer
community. Let me say though upfront that the comments that have been
made by Mr Barklamb are shared by the Australian Chamber and all of our
members.
PN12
It
gives me great pleasure to welcome the appointment of Deputy President Richard
Clancy on behalf of the Australian Chamber, our network of chambers of commerce
and industry and national associations and the wider employer community.
I want in particular though to pass on our congratulations from the Australian
Chamber's members, our leadership team and most importantly our staff. It
has been my pleasure to work with you throughout my time at the Australian
Chamber, and I have had also the pleasure of having you lead the policy and
advocacy team of our workplace relations area through what has been an
incredibly busy and challenging time. Your insight, professionalism and
commitment gave me confidence that this area of importance for the Australian
Chamber and our members was in effective and well‑considered hands.
PN13
You
bring to the Commission sound analytical skills and a well‑developed
understanding of our industrial relations system, both its strengths and its
shortcomings. You also come as a thinker on workplace relations systems,
having explored how we can better serve employers, employees and the Australian
community more broadly. Perhaps the most important thing that you led
during your time at the Australian Chamber was our submission to the
Productivity Commission's inquiry into Australia's workplace relations system,
a huge piece of work. It also meant that you had to pull together all of
our disparate members together and have us all share a way forward, no mean
feat I'd have to say, but it shows your capacity to pull together a team.
At some stage in the future we hope that you have the opportunity to apply new
legislative provisions reflecting some of the ideas that came forward during
that process.
PN14
Deputy
President, you've already heard Mr Breen talk about your distinguished CV, but
I'd like to raise just a couple of things with a little bit of
background. I think the thing that's surprising about your CV is you have
both worked for Australia's single largest employer, that's Coles and also for
Australia's smallest employers. I thought it was very interesting when we
did some research on this to reflect a little on your experience with Coles.
Now Coles requires its executives to spend a few days each year out of the
office working on the supermarket floor. For some, in fact for probably a
lot of senior executives, that was a bit of a chore, but not for you. I
understand that you not only embraced it but you genuinely enjoyed the annual
opportunity to work with customers and front line staff. So well‑regarded
were you by your new work mates that they actually didn't want you to go back
to head office, they wanted to keep you there, so if things had turned out a
little differently you could be working in the deli counter, collecting
trolleys or, I think more amusingly, miming manically with a big hand behind Status
Quo on the next Coles TV commercial. Well, Mr President, if you ever
need ads you know where to go.
PN15
But
I think that tells you how you can combine the high‑level with the
practical, the strategic with the applied, but more importantly you are well‑placed
to maintain an affinity and an engagement with both employers and employees at
all levels. Putting aside the technical and legal requirements of this
very important job, I believe that it is your empathy with people at all levels
in society that will stand you in very good stead in your job at the
Commission.
PN16
Deputy
President, a description frequently associated with you, again when we went out
and spoke to your colleagues, was that you are not only respected and
knowledgeable but you're considered, and that's certainly my experience as
well. You are a considered, thoughtful, legal professional, very well
placed to deliver on important work in this Commission and to do so rigorously,
independently and, importantly, reliably. Indeed, you come from a family
of lawyers and judges, some of whom are here today. In fact, law has been
described as the family business. Well, the family business takes a
further considerable step forward today.
PN17
Deputy
President, each member brings to the Commission not only their technical
competencies and professional expertise but also their life experiences and
personal interests. Now, I could focus on your affection for Collingwood
this morning, but that would be too sad, as I share that passion. But of
course, as a Collingwood supporter it means you are resilient, you are loyal
and you are used to accepting all levels of abuse from all levels of the
community. This could stand you in very good stead. But I just
focus for just a moment on your own sporting expertise for a moment, rather
than Collingwood because it's too depressing. You are a keen hockey
player, but not just a hockey player; you are a member of the tribunal
regulating conduct for Victorians on Victoria's hockey fields. When the
Commission gains a new senior member, employers, unions and advocates are often
keen to know what sort of person they're dealing with and just how to approach
matters before them, so I thought I might just focus very briefly on some of
the issues that hockey has to address and maybe look at the code of conduct for
Victorian hockey players.
PN18
First,
(a), in the code of conduct players must never argue with an official.
Now obviously that's very good advice for any advocate coming before you,
because courtesy and patience is something that I know you value and it would
be a very good start. Of course here aggrieved people have 21 days to
appeal, but knowing your diligence and your attention to detail, I would
suggest good luck to them; (b), if you disagree with the umpire's
decision, have your captain, coach or manager approach the official during a break
or after the competition.
PN19
Speaking
generally, this could potentially be a real innovation in the Commission,
although I'm not sure President Ross would be very keen on the queue of
disaffected advocates outside the door each lunchtime dobbing to the teacher
halfway through these matters; and to finish, show respect and acknowledge
opponents and officials. One thing you could say about Richard is that he
very much values respect and courtesy, so I would suggest that people pay
attention to that. But to be serious for a moment, the fact that your
hockey peers have entrusted you to a position of responsibility for the conduct
and reputation of an Olympic sport throughout this state, and for the sport
that they love, further underlines the personal qualities and capacity that you
bring to the Commission.
PN20
Deputy
President, each of us pursues our careers and opportunities in a way that we
bring other parts of our life to the table, and here today you have your
family, your friends with you. Your wife, Kathleen, the girls, Ruth and
Greta, your parents, your assembled family, should be very proud, not only for
you being appointed to this significant role today, but the regard and the
respect that you are held in by your professional peers. When
appointments like this happen you usually get some grumbling, why wasn't it me,
it should have been someone else; can I tell you, not one, which says
everything.
PN21
Deputy
President, appointment to the presidential strata of the Commission provides a
significant opportunity to service the Australian community. We look
forward to you playing a leading role in the future direction of the Commission
and helping shape the approaches it will take, not only to legislative changes
but also to changing the world of work, the evolving needs and aspirations of
future generations of employers and employees.
PN22
President
Ross, you have today gained a loyal, well‑organised, intelligent and
committed professional, but most of all you have gained a truly decent and
trustworthy and reliable deputy, and, importantly, a really nice guy.
Your gain is my loss.
PN23
Richard,
we are confident that you will make a significant and leading contribution to
this Commission and its relevance to employers and employees and organisational
users now and into the future. We congratulate you once again and wish
you well, and I'll miss you. If the Commission pleases.
PN24
MR
BARKLAMB: If it pleases the Commission. Before proceeding I would
like to associate myself and AMMA with the remarks of Ms Carnell and others
welcoming Deputy President Clancy to the Commission. It's been my
pleasure to work with the Deputy President across a number of his roles, both
in Australia and internationally. He is someone whose professional
insights and perspectives I respect and value greatly. Yours is a very
positive appointment and we have no doubt you will make a substantial
contribution to this tribunal and its ongoing relevance and utility for
generations of employers and employees and for the wider Australian
community. I also want prior to proceeding to pass on the sincere
apologies of AMMA chief executive, Steve Knott, who would have been here, and
probably trying to bump me from the Bar table, had he been able to join us
today. He specifically asked that his warmest congratulations be extended
both to the new Deputy President and the new Commissioner.
PN25
Commissioner
Harper‑Greenwell, it's highly appropriate that I welcome you today on
behalf of AMMA, ACCI and the employer community as you come to the Commission
having made a substantial contribution working across a range of industries and
in the resource industry in particular. I've taken the opportunity to
speak with a number of your colleagues, friends and family, and to reflect on
our time working together, and a few themes come out. You come to the
Commission with a proven record of delivering high quality advice,
representation and outcomes across a diverse range of industries. You
have often taken on new roles for the first time and have not only done them
well but proven their value and utility to each of the organisations you've
worked for. You've also pursued study and self‑improvement
throughout your career, and both learnt from, and made a substantial
contribution to, each of the organisations you've worked with and to their
employees at all levels.
PN26
You're
a person of rigour, intellect and knowledge, you're a leading figure amongst
the resource employers I represent, and all at AMMA valued your input, counsel
and support greatly. You are also a fearsomely hard worker, dedicated
above and beyond to each position you've tackled. Those I spoke to in
preparation for today stressed your capacity to complement strong legal
knowledge with a very practical focus, and to bring practical experiences and
priorities to bear in addressing workplace issues. You've also been
described to me as a dispute solver and as someone able to engage with concerns
and to deliver outcomes, if not always to the satisfaction of all, with the
respect of all for how you go about your work. I note as an aside that
you've operated very successfully in challenging male‑dominated, heavy
industries, often thought to be towards the harder end of workplace relations
practice, although you might wish I hadn't pointed that out the next time the
President comes to hand out panel allocations.
PN27
I
want to pick up on the theme of respect. You're held in the highest
respect by those you've worked with, both as peers and across the bargaining
table. There are two sides to this. I suggest the respect in which
you are held reflects the respect which you demonstrate and how you approach
not only your work but how you work with people. One element of your work
which may be less well‑known to some were your globetrotting, cross‑cultural
and cross‑linguistic efforts. It was either P.T. Barnum or Walt
Disney who said always leave them wanting more, and in the case of your
international work I'm told you more than lived up to this. No sooner
would you leave Vientiane or Kinshasa than the locals were clamouring to have
you back, and when you left MMG you were sorely missed throughout their global
operations.
PN28
Commissioner,
I've emphasised the strong capabilities, qualities and experience you bring to
your new role. It therefore pains me to identify one area where some development
may be needed. You more than satisfy the qualifications of section 627 of
the Act, no questions there; however, one thing is rather essential for sitting
on the tribunal not set out in the legislation is 'the frown'- and not just any
frown, but a facial signal of such cogent and concentrated disapproval that it
makes an advocate question not only the submission they're making, or even
getting out of bed that morning, but a frown that chills you to your very
marrow of your being and makes you question not only your career choices but
your very existence.
PN29
Now,
with respect, Commissioner, frowning is not the first thing I think of when I
think of Katrina. In fact I well recall my first impression of you that
was something along the lines of: that nice smiley lady from VECCI that I
see in the lift. As we worked together I came to appreciate the rigour,
toughness and intellect behind the smile, but equally to continue to appreciate
the warmth and openness with which you approach all those you deal with.
But your husband Brad, your children Shaun, Alana and Maegan, will probably
tell us that you have ample frowning skills that you can bring to bear on the
Commission in due course so perhaps we don't need to worry. On the
subject of family, our congratulations today very much extend to Brad, Shaun,
Alana and Maegan. It should be a real source of pride to your family
today to see the regard and respect in which you are held by the professional
community in which you operate.
PN30
It
was suggested, however, to me by one former colleague that you'd do well to get
an early handle on who's who in the Commission. You wouldn't want a
repeat of the situation on where being introduced to a previous CEO you asked
him, oh and what do you do here. For some that would've been a career‑limiting
move, but for Katrina you turned this into a positive and I'm told it gives the
CEO in question a chuckle to this day.
PN31
Commissioner,
the consistent message from all who have worked with you is that you're highly
knowledgeable, tough and dedicated, and have a proven record of delivering on
what is asked of you. However, you are equally someone equipped with a
genuine gift for engaging with people and a capacity to quickly enjoy the
confidence, respect and rapport of all those you deal with. You could not
bring a stronger foundation to your new role and your personal and professional
qualities combined with your substantial experience auger very well for the
contribution you'll make to this Commission. We congratulate you and wish
you well once again. If the Commission pleases.
PN32
JUSTICE
ROSS: Mr Clarke.
PN33
MR
CLARKE: Members of the Commission, Mr Breen representing the Minister,
distinguished guests and family and friends of Deputy President Clancy and
Commissioner Harper‑Greenwell, it's my great pleasure today to represent
the Australian Council of Trade Unions in welcoming Deputy President Clancy and
Commissioner Harper‑Greenwell to this tribunal and briefly congratulating
them on their respective appointments.
PN34
The
emergence of this tribunal and its endurance over a century marks the important
characteristic of our country's social democratic identity. As a society
we accept that this tribunal is necessary and we accept that its work is
important. We accept those things because we accept the orthodox view
about the inequalities that are inherent to labour markets and necessity of
institutions to introduce balance. The public acknowledgement of the
acceptance of offers of appointment to the present positions is a fitting gesture,
reinforcing this critical principle of the Australian social contract.
PN35
The
unique feature of this tribunal is that it is not all about the medicine.
It strives to improve workforce wellness rather than just confining itself to
treating symptoms. It is one part facilitative, one part determinative
and another part policy‑making, and this is important because most times
prevention is better than a cure, and that's why appointments such as those we
are marking today are critically important in ensuring that all of those
functions, all of those opportunities and possibilities that the institution
can offer, are explored from a number of different angles.
PN36
Commissioner,
you have an impressive background in industrial relations and human resources,
most recently in your own business but also for a period at the Victorian
Chamber of Commerce and Industry. I note that as a human resources and
industrial relations consultant, a great deal of your focus was on education,
training and process improvement, including through the use of
technology. All of these things help instil a culture of prevention, of
wellness, in organisations. I'm sure when you're faced with situations in
your new role in which prevention is no longer an option, you will be adept at
coaching parties to ascertain why things went wrong in the first place, and
from that essential first step a system to ensure a better culture and
environment into the future. This is of course no substitute for
determination of the matters that require determination, but is, as you would
know better than most, a critical component to make that determination
effective.
PN37
And
Deputy President Clancy, whilst your service at VECCI, and later ACCI, has also
no doubt involved assisting in the implementation of best practice cultures
that foster cooperation and prevent conflict, I suspect that your time at the
Bar and as an advisor to the ministers charged with the introduction of work
choices have led to an appreciation of industrial relations matters at the
pointy end that few others could match, and as is the case with anybody whose
role it has been from time to time to take sides, you always appreciate the
other side of the argument. As both a lawyer and a representative from a
peak body, you know that justice according to law on one hand and equity, good
conscience and substantial merits on the other don't always point to the same
outcome.
PN38
As
my opposite number at ACCI, I know that you, like me, have been driven to
fantasise about breaking free from the demands of the award review. I'm
not sure that this latest career move will prove to be an effective strategy
but we will see. Both of the appointees have formidable experience as
industrial relations experts in a broad range of industries, and on behalf of
the Australian union movement I warmly welcome and congratulate them on their
appointments and wish them all the best in their new roles.
PN39
JUSTICE
ROSS: Mr Parry.
PN40
MR
PARRY: If the Commission pleases. Today I have the honour of
appearing on behalf of the legal profession, the Victorian Bar, the Law
Institute of Victoria, the Australian Bar Association and the Law Council of
Australia, representing barristers and solicitors to welcome Deputy President
Clancy and Commissioner Harper‑Greenwell on their appointment to the Fair
Work Commission. With me here today representing the Law Institute of
Victoria and the solicitors of the State is Steven Sapountsis, the President of
the Law Institute, and as may be noted there are within the body of the
tribunal many legal practitioners here today to welcome both of you.
PN41
The
profession congratulates you, Deputy President Clancy, on your appointment and
in doing so acknowledges the varied and exceptional career that you have had,
which strongly qualifies you to carry out the responsibilities of Deputy
President. Your qualifications in the law and your career to date have
been detailed by the Government and the Chamber and I won't repeat them.
As noted, you have strong family roots and connections in the law. Your
father, Bill Clancy, here today, was a prominent Melbourne solicitor, a former
senior partner at Molomby & Molomby, and for some years a member of the Law
Institute Council on its Executive. In 1997 your father was made a member
of the Order of Australia. On the dame side, your mother, Catherine, is
the daughter of the late Sir Murray McInerney, who was a judge of the Supreme
Court of Victoria for nearly 18 years and a distinguished Victorian. Your
principal in articles was John Isaac, a partner at Molomby & Molomby, and,
like your father, a strong supporter of St Vincent's Hospital and a member of
the Order of Australia.
PN42
I
had the pleasure of being your mentor in your reading for the Victorian
Bar. You came to the Bar from various roles as a manager with the Vac-Tech
Group from 1998 to 2001 and you continued to hold, to your credit, a corporate
practising certificate over that period. Your work included contract
administration and legal employment services in the Latrobe Valley, a good
grounding in the world of industrial relations, Deputy President. You
spent some four and a half years at the Bar specialising in employment law and
industrial relations. You appeared for applicants and respondents in
unfair dismissal proceedings. Your experience also covered a range of
matters, including section 170MX arbitrations, termination of bargaining
periods, under payment claims and discrimination cases.
PN43
You
were sought after as a junior to silks in the industrial relations area, a
considerable compliment because, of course, silks look for the most capable, in
the Junior Bar, to work for them. Included in those silks were Dr Chris
Jessup QC, now Justice Jessup of the Federal Court and Michael McDonald QC, now
Justice McDonald of the Victorian Supreme Court.
PN44
Not
only did you appear for employees but also various employers, across various
industries. I'm told stories of your experiences extending to Mildura,
where you discovered the mobile phone coverage was, to say the least, patchy
and one of your earlier areas of expertise was the non-acceptance of defeat and
you becoming an expert on where all the reception points were, around the town
of Mildura.
PN45
You
were an assiduous and hard-working barrister, and you were my junior on a
number of cases, I think I taught you fairly well, regarding legal
practice. I'm not sure I taught you about the political side of the work
we sometimes get involved in. In one matter, in which you were my junior,
we were acting for one of the agencies of the Victorian government, in an area
which involved some political sensitivity, not an unusual circumstance.
PN46
One
day, in the Commission, there was media attention concerning evidence about
what I'll hypothetically call response times. We had a call at the
Commission from what I understood to be the minister's office. I, in my
naivety, sent you to take the call and answer whatever questions they might
have and report them back to me. The call turned out to be not merely
from the minister's office, it was the minister and he was quite an angry minister,
as best I recall. What I'd seen as media attention the minister saw as a
media firestorm. The minister wanted to know what was going on, why on
earth was all this politically sensitive material being dragged into the
Commission proceedings? You assured the minister the response times
material simply wasn't legally relevant to the proceedings and he need not be
concerned. You returned from having taken that call, a bit shaken, as I
recall. You got a short, sharp lesson in the differences between legal
relevance and political relevance.
PN47
In
2006 you then became a part of that political system in which you had earlier
received such lessons. Initially it was as a ministerial advisor to the
Hon Kevin Andrews, and then, ultimately, as the debate in respect of political
change grew, the Hon Joe Hockey. As has been said today, after that you
turned to more practical stints with Coles and VECCI.
PN48
In
your time with VECCI you made pronouncements on various matters, unfortunately
preserved for posterity on the world wide web. One important one was on
the danger of Christmas parties. You recommended the monitoring of
alcohol intake at such functions. Wise advice for all of us, Deputy
President.
PN49
To
all the roles you have occupied you have brought hard work, a keen intellect,
and a finely developed sense of what is right and wrong. Outside the
world of industrial relations, as has been said today, you brought your finely
developed competitive skills to the field of hockey, well, the political kind,
when the personality often associated with red hair came to the fore. You
were president of Kew Hockey Club and an active player and while at the
Victorian Bar you played with the Bar hockey team.
PN50
I've
heard, today, about you being on the tribunal, but I know you represented Kew
before the tribunal on occasions and one of your more renowned appearances
concerned a sofa that mysteriously caught fire at a game in which the Kew
Hockey Club was involved. Your argument, very persuasively put so I'm
told, was that there was not a shred of direct proof. We, in the
profession, call it the Bart Simpson defence and like the Bart Simpson defence
it was unsuccessful. Alas, the tribunal, chaired by Philip Burchardt, now
a Judge of the Federal Circuit Court, was unmoved. They just knew it was
Kew.
PN51
Further,
you've had experience in amateur theatre and musical companies, experience that
will no doubt assist you in dealing with the range of matters that will come
before you. You are certainly not a stranger to this place, having
appeared here over the years. As one who has practised as a solicitor and
as a barrister here, it is to be hoped that the Deputy President remembers his
past life when it comes to dealing with applications for permission to appear,
often required in this tribunal.
PN52
I
know that all parties appearing before you will have the benefit of such a
knowledgeable and experienced member. The Commission is fortunate to have
somebody of your background and experience and the profession wishes you every
success.
PN53
I
take this opportunity, on behalf of the profession, to also welcome
Commissioner Harper-Greenwell. The detail of the Commissioner's career
have been given by my colleagues, particularly Mr Barklamb. It may be
noted that the Commissioner has had a long and respected career and is well
familiar with the area of work performed by the Commission. The
profession wishes you every success. If the Commission pleases.
PN54
DEPUTY
PRESIDENT CLANCY: Thank you, President Ross. May I begin by
thanking you and the members of the Commission for your warm welcome and
assistance since my commencement. I also thank the members of the
Commission's staff for their valuable help.
PN55
I
congratulate Commissioner Harper-Greenwell on her appointment and acknowledge
the two other new members in our intake, Deputy President Binet, in Perth, and Commissioner
Hunt, in Brisbane. I look forward to serving with them and my other new
colleagues. I acknowledge the presence of the Commission's former President,
the Hon Geoff Giudice and thank him most sincerely for being here.
PN56
Since
1904 this body, in various forms and operating under various names, has made a
significant contribution to the lives of Australian workers and the businesses
and organisations employing them. In exercising powers designed to
assist with the resolution of both individual and collective disputes, the
Commission reaches into the heart of the employment relationship and the
functioning of our market economy.
PN57
Sometimes
controversy attaches to this jurisdiction, but there is, amongst its
stakeholders and social partners, the shared goal of harmonious, safe and
productive workplaces, delivering greater prosperity for all.
PN58
My
career experience, to date, has been that when employment relationships are
built upon goodwill, mutual respect and fairness flowing both ways, this goal
is so much more attainable.
PN59
Having
been given the opportunity to serve on the Commission I will strive to
discharge my duties having regard to the object of the Fair Work Act which is,
of course, to provide a balanced framework for a cooperative and productive
workplace relations that promotes national economic prosperity and social
inclusion for all Australians.
PN60
I
thank Mr Breen for addressing this sitting on behalf of the Government.
It is an enormous honour to have been appointed to this tribunal and I'm
conscious of the responsibility that has been bestowed on me.
PN61
Ms
Carnell, I owe a great debt to you, the Australian Chamber of Commerce and
Industry and its members for giving me the opportunity to engage in workplace
relations policy at the national level. Thank you for being so supportive
and generous with your time and knowledge.
PN62
Mr
Barklamb, I valued your advice and insight. Our work together here and
abroad has been highly enjoyable.
PN63
Mr
Clarke, we were drawn together by the four yearly review of modern
awards. During this time I've welcomed your willingness to explore
whether we could find common ground and have heartily respected your steadfast
commitment to the interests of your affiliates.
PN64
It
will likely be a rare occasion when my words from the Bench are universally
well received. So, in this atmosphere of good will, I will take the
opportunity to acknowledge some of the people that have guided me to this
moment.
PN65
When
studying the subject Industrial Arbitration at Monash University, we analysed
the SPC case study of the early 1990s, that brought enterprise bargaining into
focus. This inspired intense debate over the relationship between awards
and individual places of work and the role of the Commission. Thanks to
our lecturer, Professor Marilyn Pittard, my interest in industrial law took
hold.
PN66
In
delivering the 2001 Sir Richard Kirby lecture, Justice Michael Kirby described
his affection for industrial law and said:
PN67
If
you want the stuff of life and of conflict, passion and power, you have to look
to industrial law, criminal law and family law.
PN68
Although
I have never pursued a career in either criminal or family law, my experience
in industrial law has matched His Honour's characterisation of it.
PN69
I
completed my Articles and worked as a solicitor at Molomby & Molomby,
receiving an excellent grounding in legal practice. I thank Kris
Bodsworth for watching out for me and Philip Fox for his expert tuition,
including delivering a master class in the use of the rules of civil procedure.
PN70
Brady
Scanlon gave me the chance to move into industrial relations and this changed
the course of my career. What was to be three months of casual employment
became a three year adventure that had me criss-crossing the country from Port
Hedland to Gladstone, and Kwinana to Longford, via Port Augusta, Portland and
Loy Yang for work on refineries, power stations, mines and smelters. I
was mentored in the art of enterprise bargaining by Bill Dawson, who
demonstrated that mastering the detail was a key to securing good outcomes.
PN71
I
then developed the notion that I should go to the Victorian Bar. Bill Lally
QC gave necessary focus to that notion and made the excellent suggestion that I
seek to read with Frank Parry. Happily Frank agreed and 12 extremely
valuable and enjoyable months in his Chambers followed. It was an
extraordinary learning experience. Very appropriately, Frank was
appointed a silk shortly after my reading period finished and, to my great
fortune, he engaged me as his junior in a series of cases.
PN72
The
one case he's referred to this morning involved the section 170 MX arbitration
between the Paramedics Union and the Metropolitan Ambulance Service.
During the course of proceedings the union made application to the Full Bench
for a series of workplace inspections. Frank objected, on the grounds of
patient privacy and welfare and, in summing up, submitted to the presiding
member:
PN73
Your
Honour, if you grant this application there will literally be lawyers chasing
ambulances.
PN74
On
another occasion I was briefed to appear in a Federal Court directions hearing,
before Justice Peter Gray. His Honour was pre-eminent in industrial law
matters so I was a little nervous. Frank must have sensed my apprehension
as I headed out the door and said:
PN75
Richard,
the important thing is this; don't say anything dumb.
PN76
I
can assure you all that as I undertake my new duties those words will never be
far from my mind. Mr Parry, thank you very sincerely for your enormous
contribution to my career and your very kind words today.
PN77
I
also thank Stuart Wood QC, with whom I became a neighbour in Chambers.
Stuart was extremely generous with his time and provided me with exposure to
his constantly expanding practice. He set high standards and delivered
brutally honest feedback, but I would not have improved without this. I
could not have wished for a more loyal friend and colleague in Chambers.
PN78
My
years in Latham Chambers were very happy and rewarding and I thank my
colleagues from that time, including Simon Steward QC, Chris O'Grady SC and
Alister McNab, who are here today. I also thank the solicitors who
supported me.
PN79
I
then had, as have other members of this Commission, the unique opportunity to
work in government as a ministerial advisor. It was fascinating to
experience policy development and implementation first hand, not to mention the
political process. I worked for two dedicated Cabinet ministers who were,
above all, very fine men. I thank my former colleagues Michael Toby and
Minna Knight for their friendship during this time.
PN80
Steve
Knott delights in ribbing me about my time at the Australian Mines and Metals
Association. During my short time there, to quote Gilbert &
Sullivan's Iolanthe, I did nothing in particular and did it very
well. Steve was, however, very gracious when I tendered my resignation
after a month but will probably never let me live it down.
PN81
The
reason I left was because I was offered the chance to be a part of the Coles
turnaround, in a newly constituted employee relations team. My four years
at Coles were a revelation and I thank Angelo Yoannidis for opening up that
opportunity.
PN82
In
2012 Mark Stone, the CEO of VECCI, offered me the chance to return to policy
work and serve as a senior executive. He generously facilitated my
professional development at both VECCI and the Australian Chamber. Denis
James was a terrific support, sounding board and great mate as I found my feet
working in an employer organisation for the first time.
PN83
Finally,
and as I covered earlier, I had the opportunity to work for the Australian
Chamber of Commerce and Industry, during an extremely busy and stimulating
time. I'm very grateful to Stephen Cartwright for his backing and my
brilliant colleagues, Alana Matheson and Dick Grozier.
PN84
My
curriculum vitae, to date, has been varied and busy. I consider myself
fortunate to have this rich experience and such generous and supportive mentors
and colleagues along the way. I am confident that everything I have done
will stand me in good stead for the steep learning curve ahead.
PN85
Before
concluding, I seek your indulgence to address some matters of a more personal
nature. I have always been supported and sustained by my friends. I
don't do Facebook, nor do I tweet, but you know who you are and I thank
you. My wife and I have four siblings each and my life has been enriched
by a large group of brothers- and sisters-in law. There are also 25
nieces and nephews who would have demolished our waiting morning tea, so it's
probably best that they were simply here in spirit.
PN86
My
family connection to this jurisdiction stretches back nearly 60 years. My
grandfather, Sir Murray McInerney, appeared as senior counsel in the
Professional Engineers cases that ran from 1958 to 1961, for the Commonwealth
Professional Officers Association and, ultimately, the Association of
Professional Engineers. I was too young to appreciate the significance of
this before he died but had enjoyed enough of his company to know that his grandfatherly
pride would have been on full display today. In a generous tribute,
published in the Victorian Bar News to mark his retirement as a Supreme
Court judge, it was said:
PN87
He
was learned, thorough, courteous and patient.
PN88
I
will do my very best to mirror him in these respects.
PN89
My
four sisters have great depth, strength and empathy. They are also
fabulous company and have influenced me more than they realise. I could
not have hoped for better siblings.
PN90
It's
a tremendous thrill to have both my parents here. They epitomise the very
best values; diligence, decency, courage, generosity and compassion. My
mother has an extraordinary intellect and was the driving force behind my
education. My father has been the biggest influence on my career.
He is the most complete lawyer I have come across. A day does not pass
without me reflecting on what my parents have done for me.
PN91
I
adore my two daughters, even when they studiously ignore my attempts to
conciliate and arbitrate matters at home. If you'd like to see me reduced
to a push-over, simply witness me when Ruth and Greta are about.
PN92
Finally,
to my wife Kathleen, we have shared an eventful 10 years. I suspect there
have been many times when you have feigned interest in my war stories, but
thank you for patiently enduring them anyway. There will likely be more.
I could not have undertaken the various roles I have held without your counsel,
encouragement and unwavering support. My love and admiration for you is
beyond words.
PN93
So,
to conclude, I thank you all very sincerely for your presence today and I look
forward to the challenges ahead.
PN94
JUSTICE
ROSS: Commissioner?
PN95
COMMISSIONER
HARPER-GREENWELL: Thank you, president, and thank you to my fellow
members of the Commission for a warm welcome. To the representative of
the minister, Mr Breen, I thank you very much and I'm particularly appreciative
of your presence here today and the opportunity that has been provided to me by
the minister.
PN96
Thank
you also to the other representatives, Ms Carnell, Mr Clarke, Mr Parry and Mr
Barklamb. Mr Barklamb, I was somewhat nervous as to what stories you
would share today. We crossed paths back in 2007, when I was workplace
relations manager at VECCI, the smiley face, and again in 2013, when I became a
member of the AMMA Resource Industry Board Reference Group. Scott, I have
always admired your dedication to excellence in your field of practice and I
thank you, respectfully, for your kind words, well, mostly kind words, and I'll
try and get through this without a frown.
PN97
Mr
Clarke, I have some particularly fond memories of my interactions with union
officials during my career, and some not. I am not sure I should openly
admit this, however I was somewhat pleased to have receive messages of
congratulations from representatives of the various trade unions I have had
dealings with over the past 16 years. It was a pleasant reminder that
respectful working relationships can be built, if you operate with good values,
such as integrity and honesty. I believe the concern I have for
preserving human dignity in difficult circumstances has served me well in my
relationships with your members and it will continue to serve me well in my new
appointment.
PN98
Many
of you here know I've carved out a career working at the coalface in mining,
construction, major projects, dealing with agreement negotiations and a number
of major disputes here in Australia and, more recently, in the Congo and Laos.
Mr Barklamb, yes, it is a male dominated field that I've been working in but
I'd prefer to say it was prominent of males and not so dominant.
PN99
What
is not well-known is my journey is like many others that appear before us in
the Commission. I commenced paid work at 12 years of age and due to not
having a family and due to economic circumstances, I had little or no
choice. I commenced full-time work at the tender age of 15, renting
accommodation while attending night school to try and further my education.
PN100
I
enrolled in yet another TAFE course whilst having my family. This time it
was a Diploma in Justice Administration. At the completion of the Diploma
a divorce and three mouths to feed, with the encouragement of my now
mother-in-law, Helen Norman, I went on to complete a Bachelor Degree in
Science, at Monash University and, later, a Graduate Diploma in Labour
Relations Law, at Melbourne University and I'd since rolled that over into a
Masters.
PN101
During
my first year of my undergraduate degree I secured full-time employment in a
role in HR at BHP Westernport. It was an exciting and challenging time.
It accelerated my learning in industrial relations. Eleven months of
enterprise agreement negotiations, 22 days of picket lines and strike action
that drew national attention.
PN102
I
continued my studies whilst working full-time and raising my family, as a
single mother. It was also during this time that my true passion for
industrial relations was ignited. It was also my first experience in the
Industrial Relations Commission that left me somewhat scarred. However, I
do remember coming home and telling my now husband that I aspired to become a
Commissioner by the time I was 50. Well, I just scraped that one in.
PN103
It
was also a time when I met a gentleman with who I have had the continued good
fortune of working with and, at one stage, working for, Mr Amendola. I
thank you for inspiring me throughout my career, and your ongoing
support. I have always deeply valued your advice, some of your opinions,
and your encouragement and guidance.
PN104
My
appointment to the role of Commissioner is the result of being fortunately
blessed to have been guided in the right direction by many who have had a
positive influence on my life over a long journey. It certainly would not
have been possible without the unconditional love and support of my family and
friends.
PN105
My
husband, Brad, thank you for being there to support me through my studies and
my career, during those long absences whilst I worked on site and overseas and
thank you for always believing in me.
PN106
Thanks
to my daughters, Alana and Maegan, for always keeping me grounded and reminding
me I will always, first and foremost, be your mum. I am so proud of you
both for all you have achieved. And my son, who is currently in Taiwan
and unfortunately unable to join us here today.
PN107
To
my other guests, in the absence of family of my own, each and every one of you
have supported me and my family over the many decades of my journey and it's
also because of you that I'm here where I am today. I thank you sincerely
for your unconditional love and support and thank you for reminding me we are
just a minority here to serve and assist a majority. Thank you.
PN108
JUSTICE
ROSS: Before I adjourn the tribunal I'll shortly invite Deputy President Clancy
to take the oath and Commissioner Harper-Greenwell to take the
affirmation. They've each taken this formal step before today, but it's
important that the oath and affirmation be given in public. It's
important because the oath and the affirmation constitute the promise of a
member of the Commission to the community that the Commission serves.
It's a promise that they will faithfully and impartially perform the duties of
their office. Deputy President.
PN109
DEPUTY
PRESIDENT CLANCY: I, William Richard Clancy, do swear that I will bear
true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors
according to law, that I will well and truly serve her in the office of Deputy
President of the Fair Work Commission, and that I will faithfully and
impartially perform the duties of the office, so help me God.
PN110
COMMISSIONER
HARPER-GREENWELL: I, Katrina Harper-Greenwell, do solemnly and sincerely
promise and declare that I will bear true allegiance to Her Majesty Queen
Elizabeth II, her heirs and successors according to law, that I will well and
truly serve her in the office of the Commissioner of the Fair Work Commission,
and that I will faithfully and impartially perform my duties of office.
PN111
JUSTICE
ROSS: Adjourn the tribunal.
ADJOURNED
INDEFINITELY [10.09 AM]
