PN1
JUSTICE
ROSS: Mr Breen.
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 legal profession who are with us today. And
of course I welcome and acknowledge Commissioner Hunt and your family who are
also with us today. The Australian Government on whose behalf I speak
today is very pleased to take part in these proceedings. The Minister for
Employment, Senator the Honourable Michaelia Cash, was unfortunately unable to
be here today but I do wish to pass on her congratulations to you,
Commissioner.
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 handles the majority of workplaces in Australia. This
institution and its predecessors have an extremely important function in this
country and presided over some of the most significant decisions to have shaped
the nation's industrial landscape that 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 importance and heritage -
equity, good conscience and the merits of the matter. It is required to
exercise its powers and performance functions under the Fair Work Act 2009 in a
manner which is fair and just, open and transparent, and which promotes
harmonious and cooperative workplace relations.
PN5
Commissioner
Hunt, as a new member of the Commission I know you are highly qualified to
undertake this task. You graduated with a Bachelor of Commerce from the
University of Wollongong in 1995 and attained a Bachelor of Laws from the
University of Technology Sydney in 2002. Since your first appointment as
an industrial advocate for Australian Business Limited in 1995 you have
developed an outstanding career supporting major Australian corporations,
including Manpower Services, TNT and Toll Holdings, where you have most
recently been Manager, Group Employee Relations, Industrial Relations. In
this time you have demonstrated exemplary skills, abilities and leadership in
the practice of industrial and employee relations.
PN6
Additionally,
throughout your career you have undertaken a wide variety of roles within the
purview of corporate law and corporate governance, such as negotiation and
drafting of instruments, a role as company secretary, and all aspects of
enterprise bargaining, to name just a few highlights. You also have
extensive advocacy experience, including in arbitrated matters in the Fair Work
Commission, so you're well‑placed to anticipate the issues that may be
presented to you as a commissioner. The Fair Work Commission and the
nation as a whole stands to gain much from your appointment.
PN7
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 perform your duties as a commissioner of the Fair Work Commission
fairly, impartially and effectively. Your addition to the Fair Work
Commission will only further enhance the important work performed by this honourable
institution. Congratulations. If it pleases the Commission.
PN8
MS
MATHESON: If the Commission pleases. On behalf of the Australian
Chamber of Commerce and Industry and its members, it is a great pleasure to
welcome the appointment of Commissioner Hunt to the Fair Work Commission.
Commissioner Hunt, we acknowledge the vast experience you have obtained in the
field of workplace relations. It has developed over the course of your
career as an industrial advocate, as an in‑house counsel, in a multinational
provider of workplace solutions, and by employee relations management roles
within the transport and logistics industry.
PN9
You
come with experience in all manner of workplace relations matters, including
enterprise bargaining, negotiations, establishing employment governance
frameworks, performance management, workplace investigations, dispute
resolution, management of unfair dismissal and general protections claims, as
well as management of work, health and safety matters. Those who have worked
with you have attested to your competence as a lawyer and workplace relations
practitioner. The Australian Chamber counts among its members the
Chambers of Commerce from the eight states and territories plus 55 industry
associations. You are familiar with the work of the Chamber network and
the businesses represented within that network, having commenced your
industrial relations career as industrial advocate for ABL within the Illawarra
Business Chamber, providing services to employers of all sizes across a range
of industries.
PN10
You
are fortunate to have established your career within the Illawarra region, a
region with a rich, industrial history. The steel industry was a catalyst
for growth across the region's economy, supporting its standing as one of Australia's
leading industrial centres. Steel and other manufacturing industries
remain an essential part of the local economy; however, businesses investing in
the region are diverse in science and traverse tourism, hospitality, health
services, telecommunication and a range of other sectors. Your knowledge
and experience across this wide range of industries including ports,
manufacturing and construction to small, family‑run service sector
businesses will undoubtedly assist you in discharging your duties.
PN11
As
your industrial career progressed you travelled north along the coastline to
the Cronulla Sutherland Shire where you established yourself as a key member of
the Shire community. The Fair Work Commission is sometimes referred to as
the industrial umpire, and it's worth reflecting on your experience gained from
your personal life, where you have already achieved success in your capacity as
an umpire. Notably, you became the most senior female referee within the
Cronulla Sutherland District Rugby Football League Referees' Association,
securing an A‑Grade appointment. You established yourself as a
highly‑respected referee among senior and junior players and officials,
selected for the New South Wales Referees' Association Coaching and Development
Committee, receiving wide recognition for your achievements and numerous
community awards. At the time of your A‑Grade appointment, the
Daily Telegraph quoted you as saying that you couldn't remember the last time a
punch had been thrown at any of your games. We are confident that matters
over which you preside will also be free of such incidents. Commanding
respect within one of the toughest contact sports, it seems you have developed
a knack for promoting harmony within a diverse range of settings. Commissioner
Hunt, while this institution is far removed from the football field, we are
confident that you will establish yourself as a highly‑respected member
of the Fair Work Commission and will continue to be fair and just in the
performance of your role as an industrial umpire.
PN12
Having
completed a long tenure as an in‑house counsel and moving into the
transport and logistics industry and employee relations management roles, you
most recently followed the coastline further north to Brisbane where we find
ourselves today. With contemporary Australian workplaces facing economic
challenges and new opportunities in equal measure, the Australian Chamber and
our members are confident that your diverse experience across regions and
sectors will enable you to make a very positive and immediate and ongoing
contribution to the work of this Commission. Commissioner Hunt, we
congratulate you on your appointment and wish you well. May it please the
Commission.
PN13
MS
MCLENNAN: May it please the Commission. Members of the Commission,
my colleague representatives, distinguished guests and families and friends of
Commissioner Hunt, it is my great pleasure today to represent the Australian
Council of Trade Unions in welcoming Commissioner Hunt to this tribunal and
congratulating her on her appointment. I bring with me the warmest wishes
and also the apologies of the ACTU officers who are themselves unable to be
here to welcome and congratulate you in person today.
PN14
This
commission is a critically important institution in shaping Australia as a
fairer society. As a society we accept that this tribunal is necessary
and we accept its work is important. We accept those things because we
accept the orthodox view about the inequalities inherent to labour markets and
the necessities of institutions to introduce balance.
PN15
Commissioner,
you bring with you the practical experience of private sector industrial
relations, recently as the Employee and Industrial Relations Manager at Toll
Holdings Ltd. This most recent position comes on top of considerable
experience in representing employers within industrial tribunals. This is
undoubtedly very invaluable experience and preparation for membership of this
commission.
PN16
On
behalf of the Australian Union Movement, I warmly welcome and congratulate you
on taking the oath of office as a member of the Fair Work Commission. We
really look forward to working with you. May it please the Commission.
PN17
MR
SMITH: If it pleases the Commission, it's a great pleasure to be invited
to address you at this ceremonial sitting of the Fair Work Commission to
welcome Commissioner Hunt. The Australian Industry Group is a very
longstanding customer of the Commission. Our workplace relations staff
appear before the Commission virtually every day. We're well‑aware
of the essential work that the Commission carries out in preventing and
resolving disputes and dealing with a very wide and increasing range of
collective and individual workplace relations matters. The Commission and
its predecessors have a very long and proud history. The Commission
enjoys the strong support of the community and this is due to its independence
and the skills and experience of its members.
PN18
Commissioner
Hunt will add further valuable skills and experience to the tribunal. The
Commissioner has had a distinguished career in the private sector working in
senior roles at Toll, TNT and Manpower, and I've had regular discussions with
the Commissioner in each of those roles. For the past 17 years, I believe
it is, the Commissioner has represented those three companies, and in doing so
she's taken an active interest in the development of Ai Group's policies and in
the many major cases that we've been involved in over those years. I've
always been impressed with Commissioner Hunt's knowledge of workplace relations
laws and instruments and her strategic approach to issues.
PN19
During
the Commissioner's time at Manpower there were some very big cases. There
were lots of major government and parliamentary inquiries of great importance
to the labour hire industry. The labour hire industry grew very rapidly
in those days, and of course Manpower is one of the largest organisations in
the world in that industry. Key cases that we were involved in and the
Commissioner was involved in through Ai Group was the metal industry casual
employment case, the New South Wales secure employment test case, the award
modernisation process and many others of relevance to the labour hire
industry. The Commissioner was involved with Ai Group's PIR policy
influence and reform forum as well as other Ai Group forums and working parties
set up from time‑to‑time to deal with labour hire industry issues,
road transport issues and other policy issues.
PN20
I
know that the Commissioner was also a longstanding member of the RCSA's workplace
relations committee, and she made a major contribution to the policy work
carried out for the labour hire industry by that organisation as well. In
more recent times at Toll and TNT, the Commissioner has been involved with Ai
Group in working through the many complexities of the Road Safety Remuneration
Act and the activities of the RSR Tribunal, and I'm sure her knowledge will be
a valuable addition to the work of that tribunal.
PN21
Commissioner
Hunt has displayed a longstanding interest in workplace relations law and
practice and in workplace relations policy work, and I'm sure that the
Commissioner will make an excellent Fair Work Commission member and will
demonstrate the competence, wisdom and fairness that the Commission is widely
respected for.
PN22
Commissioner,
Ai Group's members, our national executive, our Queensland branch counsel and
all Ai Group's staff wish you well and the best of success in meeting the goals
and objectives of the Commission. May it please the Commission.
PN23
JUSTICE
ROSS: Commissioner Hunt.
PN24
COMMISSIONER
HUNT: Thank you, President. Many thanks to Mr Breen for
representing the government in welcoming me to the Fair Work Commission.
It is the greatest honour in my working career to have been appointed to this
commission. Please convey my thanks to the Minister for Employment, and
thank you for representing her so ably here today. My deepest gratitude
to Ms Matheson and Mr Smith for attending today, having travelled from Sydney
to speak. Stephen, we have worked together on employee matters for a very
long time. From 1999 the Australian Industry Group sought out IR
practitioners in the labour hire industry or on‑hire as it became to be
known. The AIG helped to bring together a diverse group of views and lend
them to help form policy and add weight to lobbying endeavours. Through
both AIG and the RCSA, the on‑hire industry in the first decade of the
new century had a strong and powerful voice. Alana, thanks to you and the
ACCI for its belief in me. I look forward to following your stellar
career and I am grateful that we had the opportunity to meet several years
ago. And many thanks to you, Ms McLennan. While we've not yet had
any matters to date, I'm delighted to share with you that in the 20‑plus
years that I have been involved in industrial relations I have always found
union representatives in Queensland to be fair, objective and reasonable.
PN25
To
all of you, family, friends, colleagues, distinguished guests, including many
past members of this institution in its earlier incarnations, thank you to each
of you. I am honoured that you are all here today to acknowledge and
celebrate my appointment.
PN26
I
was raised in the Sutherland Shire in Sydney of very hard‑working
parents. I recall my father having up to three jobs at a time. His
main job was as an accountant at the Bank of New South Wales and he
supplemented the family's income by working at a bottle shop on weekends and as
a bookies clerk at the races. Mum took in ironing and cleaned homes and
later worked as a personal care assistant. They did well to raise five
children on a very modest income and holidays were few and far between.
There was never much money left from the fortnightly pay but we never missed
out on playing sport or other activities. We were quite proudly middle‑class.
After attending opportunity class in years 5 and 6, I was offered a scholarship
to attend a private girls school in Sydney, however, my family declined it on
the basis that I would be unable to keep up with the expense of extra activities.
I attended the local public high school along with my twin brother. My
father was incredibly proud of my academic achievements and insisted that I
pursue a career as a solicitor. Despite my father's protestations, I
developed an interest in journalism, having talked my way into the Sydney
Morning Herald and allowing me to do work experience when they no longer
offered it. I wouldn't take no for an answer, so I found a journalist's
name in the paper, looked him up in the White Pages, rang him at home and
convinced him that he should look after me for a week, and he did.
PN27
Tragically,
my father passed suddenly just two weeks after we had celebrated his 50th
birthday and the 18th birthday of my twin and me. It had been wonderful
sharing a birthday with a brother and our father, and just two weeks after
having completed the HSC he was gone. Three months later I commenced my
commerce degree at the University of Wollongong. In the first semester we
had all of the usual core subjects to do and in the second semester there was a
smorgasbord of electives from which to choose. Accounting and Marketing
didn't leap at me, but then I saw I could study Industrial Relations, and from
my first lecture I knew that this was what I wanted to do.
PN28
In
the last year of study a fellow named Geoff Stevenson of the Chamber of
Manufactures of New South Wales came to speak to students at a cocktail night
put on by the uni, convincing us to join the Industrial Relations
Society. We had a wonderful night with Geoff entertaining us with IR war
stories. We ended up at the Illawarra Hotel where, not surprisingly in
the early 1990s, a lot of IR was done. I kept Geoff's acquaintance, and
when he was looking for somebody to fill his shoes at the Chamber he knew that
I was a good candidate, not only because of my interest in IR and good grades
but because he knew that I could talk IR over a beer. And there's a
lesson here for young IR practitioners - I suggest buy the older guy a beer
because one day he may give you a job.
PN29
I
relished my time at the Chamber, later becoming the Australian Business
Chamber. I was a 21‑year‑old industrial advocate running
unfair dismissal conciliations back when they were done in person, I was
negotiating enterprise agreements, and turning up to the State and Federal
commissions and trying to look older than my years. After four years the
members must have considered that I had done a decent job as I had members
ringing me after I had left asking me I'd continue to negotiate their
agreements.
PN30
I
am indebted to many of the characters I came across during these formative
years in my IR career. I used to appear before a particular tribunal
member who would take turns with the advocates to give them a hard time.
I used to pray that it wasn't my turn, but around 50 per cent of the time I
would walk out of that court room having been taught a lesson, not just in IR
but in life. I thank the CFMEU organiser who once sat down and explained
to me the special redundancy clauses contained within the building awards
before I made a fool of myself in front of my member. I certainly didn't
know it all. My greatest thanks go to the older gentlemen in the long
room of the Chamber. The long room houses the telephone advice line
advisers. I used to sit with them and listen to them give advice over the
phone and wonder how it was they knew all of this information. They would
talk about the silent 1/12th annual leave in the New South Wales Holidays
Act. I'd go looking for it and I couldn't find it, and then they'd explain
the magic to me.
PN31
I
joined Manpower and then spent the next 14 years there. Early on in the
piece I completed my law degree and was admitted to the Supreme Court of New
South Wales. I thought that might be pinnacle of my career, however,
today clearly eclipses that. With 5000 employees across many industries,
it was a very broad scope of work. I enjoyed working with the RCSA and
AIG on industry matters, most notably the New South Wales Secure Employment
Test Case, and I was often called upon to be a witness in industry matters and
appear before Full Benches of the AIRC. I had amazing bosses at Manpower
throughout my time there, and I thank them for the opportunity to allow me to
work autonomously and take on the commercial work to becoming joint Company
Secretary and negotiating contracts, including the largest RPO in the world at
the time, Defence Force Recruiting.
PN32
Around
this time I also joined the committee of the Industrial Relations Society of
New South Wales and worked with many of the practitioners and academics across
the field. IR societies are a wonderful institution. They are also
a great place to allow younger practitioners to mix with more experienced
practitioners and members of tribunals on mutual ground. Having left
Manpower I then joined TNT and enjoyed so much the opportunity to work
intensively in the one industry. I was there for only two years before I
was asked to join Toll. I did so, jumping at the opportunity to try out a
new State, and moved from Sydney to Brisbane with the family. I also took
the role because it meant that I'd be working with great IR practitioners in
Tony Wilks and Damian Sloan.
PN33
Throughout
my IR career I have had a second persona, being a rugby league referee.
For 16 years on field I refereed men and adolescent games. I hope that
parties appearing before me in the Commission will recognise that I bring
impartiality and fairness. I only have ever had to dismiss around five
people from the field in all of that time, as I like to keep all of the players
on the field and talk them out of trouble. I always found that the
players were respectful, even when this might have been their first experience
with a female referee. When they knew exactly what they could and
couldn't get away with it made for a better game. I will, I hope, bring a
calm and steady hand to the parties before the Commission.
PN34
I
wish to thank very much all of the members and staff of the Commission for
their kind interest in my appointment and the generosity that they have shown
in making me feel welcome. In particular, thanks to my associate, Nahum,
for so ably getting me up and running. To my friends here today, many
thanks, especially to Stephanie and Simone - you cheer me up and cheer me
on. Thank you for travelling from Sydney for this special occasion.
To Patricia, my wonderful mother‑in‑law, your love and support
means so much. Joel, you've always been with me and beside me for 15
years, and without your loving support we would not be here today. Thank
you for your patience and understanding when at times I've been working on a
document until 3 am or have taken work with me on holidays.
PN35
I
am of course delighted to hold the title Commissioner, but my favourite title
is mum. To my sons, Brendan and Andrew, and twin daughters, Melanie and
Danielle, I hope you will all remember this day in the years to come and know
that if you work hard and dream big your dreams can come true. I know
that my father would be incredibly proud of me today. In memorial I thank
him for showing me the values of work ethic and dedication. I am looking
forward to this new chapter in my life, and I am truly honoured by this
appointment and the opportunity to serve the Australian public through the
performance of my functions as a member of the Commission. To work
alongside colleagues before whom I have appeared over the years and to be part
of an institution that plays such an important role in shaping the lives of so
many Australians is a privilege and a position which carries great responsibility,
which I will seek to honourably discharge. Thank you.
PN36
JUSTICE
ROSS: Before we adjourn I'll shortly invite the Commissioner to take the
oath of office. The Commission has already of course taken the oath in a
formal sense, but it's important that she does so on this very public
occasion. It's important because the oath represents a contract between
the Commission member and the public which we serve. It's a contract by
which we promise to faithfully and impartially perform the duties of our officers.
PN37
COMMISSIONER
HUNT: I, Jennifer Lee Hunt, 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 Commissioner of the Fair
Work Commission and that I will faithfully and impartially perform the duties
of the office, so help me God.
ADJOURNED
INDEFINITELY [9.29 AM]
