PN1

VICE PRESIDENT CATANZARITI: Good morning. I wish to acknowledge the traditional owners of the land on which we meet, the Whadjuk Nyoongar People, their Elders past and present. I pass on my apologies for Williams C, who is otherwise indisposed today.

PN2

Today is a day of celebration for the welcome of our newest colleague, Commissioner Schneider, and we wish you every future success. I now call upon our first speaker, Ms Jennifer Flynn, on behalf of the government. Thank you, Ms Flynn.

PN3

MS FLYNN: If the Commission pleases. I too acknowledge the Whadjuk Nyoongar Nation, the traditional owners of the land on which we meet, and pay my respect to their Elders past and present. I would also like to extend that respect to other Aboriginal or Torres Strait Islander people here today.

PN4

Good morning, Vice President, representatives of industry, the trade union movement, and the legal profession. I particularly welcome and acknowledge Commissioner Paul Schneider and members of his family, on this significant and very happy occasions. I appear today representing the Australian Government, and the Attorney General, and Minister for Industrial Relations, Senator the Honourable Michaelia Cash. The Attorney General apologises that she's unable to be here to welcome Commissioner Schneider.

PN5

The Fair Work Commission, like Fair Work Australia before it, is required to perform the functions and powers under the Fair Work Act of 2009. Fair Work Australia was the successor to the Australian Industrial Relations Commission, and before it, the Australian Conciliation and Arbitration Commission, and the Commonwealth Conciliation and Arbitration Commission.

PN6

The Fair Work Commission and its predecessors have played an important role in shaping Australia's industrial relations landscape for over 100 years. During this time the functions and remit of the institution have grown as a result of social, economic and legislative change.

PN7

Now that the national industrial relations legislation covers the majority of Australian workplaces, the decisions of this Commission have broad-ranging impact throughout the country. The appointment of Commissioner Schneider will contribute to the vital role that the Fair Work Commission plays in ensuring that our industrial relations system operates in a fair and transparent manner, and promotes cooperative and productive workplaces.

PN8

Commissioner Schneider, you've been appointed to perform the full range of Fair Work Commission functions. You bring to the Commission your considerable experience and knowledge of industrial relations issues at a practical workplace level. This will be very valuable to the community that is served by the work of this tribunal. The balance and fairness of the system depends on the integrity and skills of Members of the Tribunal, and you are noted for these attributes, and will no doubt make an important contribution to the work of the tribunal for years to come.

PN9

Great responsibility is placed on Members of the Fair Work Commission, and if they are to discharge their responsibilities effectively they require the goodwill, understanding and cooperation of parties, employers, employees, and their representatives. I trust that this will be forthcoming from all concerned to you as a new member of the Commission.

PN10

Commissioner Schneider, on behalf of the Australian Government I congratulate you on your appointment. I convey our goodwill and wish you well in the exercise of the responsibilities of your office.

PN11

May it please the Commission.

PN12

VICE PRESIDENT CATANZARITI: Thank you. On behalf of employers I invite Mr Martin.

PN13

MR MARTIN: Thank you, Vice President. If it please the Commission, I appear on behalf of the Australian Chamber of Commerce and Industry, and it is a great pleasure to welcome the appointment of Commissioner Schneider as a Member of this Fair Work Commission.

PN14

The Fair Work Commission and its predecessors have always had an important role in helping to shape industrial relations landscape within this state. An important element of this has been the presence of an experienced group of Perth-based Members who understand the unique circumstances of Western Australia.

PN15

The establishment of a national industrial relations framework has been an important step towards making Australia a more attractive place to work and do business; however, it also requires local knowledge for it to work effectively, with experienced practitioners on the Bench who appreciate regional differences in employment arrangements, and the relationships that exist between respective parties.

PN16

It has long been the Chamber's view that it is important for Western Australia to have four Commission members based in Perth, and we warmly welcome your appointment as that fourth member. We trust that this will be a long-term trend.

PN17

You join a well-regarded team of Perth-based Commission members, each of whom is greatly respected by the industrial relations fraternity, both for the individual qualities that they bring to the Bench, and their collective appreciation of the need to take a balanced approach in dealing with matters before them; of the importance that matters before them have for the respective parties. Irrespective of how large or small the matter, decisions of this Commission have ongoing implications for the employer and employees concerned that need to be contemplated.

PN18

But good industrial relations outcomes are more than just the strict application of legislation; of the unique challenges facing employers and employees within the Western Australian context; and of course than at times there is nothing better than a bit of plain speaking to one or both parties. We know that you will demonstrate these same qualities, and in doing so, earn the respect of the persons that appear before you, regardless of who they represent.

PN19

As with all appointments to the Commission, comment is frequently made on the background of the individual and the need for balance. Balance is important, but that comes more from the qualities of the individual, rather than on which side of the fence they spend most of their time working on. In particular your experience in the human resources management will be a valuable addition to the Bench, with the experience gained in balancing the sometimes competing needs of employers and employees, and the recognition that in most aspects of a working relationship there is a high level of alignment between the goals and aspirations of workers and their employers.

PN20

Commissioner Schneider, you come to this Commission with a diverse and rich set of experiences which will lend strength to the Commission. We congratulate you and wish you well in your new role.

PN21

If the Commission pleases.

PN22

VICE PRESIDENT CATANZARITI: Thank you. To speak on behalf of employees, I invite Mr Whittle.

PN23

MR WHITTLE: Thank you, Vice President and Members of the Commission. I would also like to acknowledge the traditional owners of the land on which we're meeting today, the Whadjuk Nyoongar People, and acknowledge their custodianship of this land. It's my privilege on behalf of Unions WA and the Australian Council of Trade Unions, our affiliates, and the working people of this country, to welcome Commissioner Schneider and congratulate you on your appointment.

PN24

The Fair Work Commission, as the independent umpire, is central to the functioning of our industrial relations system, and your appointment to that Commission is a significant honour, of which we congratulate you. The role of Fair Work Commissioner is one of great responsibility, and you've been appointed on your basis of knowledge and industrial relations law and business.

PN25

Your employment history demonstrates the significant experience in a number of senior human resources roles with major Australian employers, who have been regular industrial participants, so we note your qualifications in the area. I know from my discussions with my affiliates over the past week, of your breadth of knowledge in the human resources and industrial relations, and in fact from great experience of being cross-examined by unions in the Commission. Not everyone has such a great honour of so many cross‑examinations.

PN26

The Fair Work Commission is different things to so many people: it's a place of work, a familiar place to some, but can also be a very daunting place to a lot of people; it's a place of last resort for some; and for many workers who rely on the independent umpire to step in and ensure that fairness and justice prevail in their workplaces.

PN27

From stopping bullying and harassment, to determining the application of industrial agreements, or officiating over matters where employment has come to an end, the Commission plays a significant role in the lives of many people in this country. Sometimes the words of an experienced hand may be sufficient to bring parties together; for others it will be necessary to make reasonable and balanced decisions based on the law.

PN28

It's worth noting that the past few years has been particularly testing on workers, employers, and industrial organisations. Never has there been such an important time to bring parties together in disputes and face the challenges that are upon us. It's always worth noting that our institutions and parties and laws aren't always necessarily created with global pandemics in mind, hence the influence of strong, independent umpires in our workplaces.

PN29

We hope that you will bring from your experience working in business a pragmatic and fair-minded approach to industrial disputes which is quick, informal, and avoids unnecessary technicalities, but also places fairness and justice at the heart of all matters before you.

PN30

Once again I congratulate you on your employment and wish you well in your new role. May it please the Commission.

PN31

VICE PRESIDENT CATANZARITI: Commissioner Schneider.

PN32

COMMISSIONER SCHNEIDER: Thank you, Vice President. I would also like to thank Ms Jennifer Flynn, Mr Owen Whittle, and Mr Ryan Martin for their kind words this morning. I would also like to acknowledge and thank my Perth colleagues for their warm welcome and advice since I have joined the Commission. I would also like to thank my associate, Ms Ashley Ricetti, for her support and assistance in my joining the Commission. And I would also like to thank the wider Commission members and staff for their warm welcome and generous sharing of knowledge and experiences in my first two weeks.

PN33

Those who know me best will understand that I am a person of few words, who prefers to observe and listen than talk about myself, so I do plan on keeping this relatively short. Every member of the Commission has their own story as to how they ended up being appointed, so this morning I will share a small part of my upbringing, which instilled for me a passion for industrial relations from an early age.

PN34

I was born in the Macedon Ranges in Victoria, the only child of Anne and Kevin Schneider. My parents are unable to attend this morning in person; however, I believe they will be closely watching online. Hopefully the auto-mute has worked so we haven't had to hear my mother's commentary, which would embarrassing for us all.

PN35

My father worked as a plumber and was a member of the plumbing division of the CEPU. My mother worked in finance in various positions for the majority of her life at a local sawmill, and also at the local water authority. I remember growing up and my father being involved in a number of disputes or strikes in the Victorian construction sector; and my father on various occasions also served as a site delegate or shop steward.

PN36

My mother was an employee bargaining representative in several enterprise agreement negotiations, and appeared before the Commission as a witness in the 739 dispute. I know to this day she is still upset with the result.

PN37

There is no doubt that my parents played a significant role in informing my passion for all matters employment, and industrial relations. I was very lucky to have such amazing parents who were able to provide a warm and loving home environment. My parents, through their own hard work and love, were able to provide an environment where I was able to attend higher education and complete my university studies.

PN38

During my working life to date there has been some highlights in the corporate roles, but before that it was not always so glamorous. Starting out in high school working at Top of the Range tearooms, where I was washing dishes and cleaning toilets, to working in various pizza shops during my university time, and as a labour hire worker working at the Target distribution warehouse in Altona. These were all important life lessons for me and were all important friendships that I developed, some of whom who I worked with in those industries are joining us online today.

PN39

When my career commenced in the HR and IR sector I was very fortunate to work with some amazing managers, colleagues, and industry professionals. There are simply too many individuals to thank who have supported my career to date, but I am glad that many of those individuals are either in the room today or have joined online, and I simply wish to say thank you.

PN40

The employment relationship is a central feature of Australian society. The importance of employment on individuals and their families should never be taken for granted. I would like to share a small writing about the importance of work and employment.

PN41

It is largely through work that we become who we are. Work is central to personhood, to identity; work is intimately linked with human dignity. Work is the primary means by which most people secure their own livelihood, and very often that of their families too.

PN42

Whilst Commission Members' decisions are based on facts and law, it is important to remember the very real impact that these decisions can make on the lives of employees, employee representatives, and employers.

PN43

I would also like to take a moment to acknowledge my amazing girlfriend, Larna Comenos, who is here today. Larna, meeting you has changed my life for the better and I can't thank you enough for your love and support.

PN44

Finally, it is an honour to receive this appointment. The responsibility and significance of the oath is certainly not lost on me, and is something that I will take very seriously during my tenure. Thank you for your time this morning.

PN45

VICE PRESIDENT CATANZARITI: That concludes this morning's ceremonial sitting.

ADJOURNED INDEFINITELY [11.15 AM]