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TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                                    

 

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT CATANZARITI
VICE PRESIDENT WATSON
SENIOR DEPUTY PRESIDENT WATSON
DEPUTY PRESIDENT CLANCY
DEPUTY PRESIDENT GOSTENCNIK
DEPUTY PRESIDENT HAMILTON
DEPUTY PRESIDENT KOVACIC
COMMISSIONER BISSETT
COMMISSIONER CRIBB
COMMISSIONER HARPER­GREENWELL
COMMISSIONER JOHNS
COMMISSIONER ROE
COMMISSIONER RYAN

 

 

 

 

CEREMONIAL SITTING OF THE FAIR WORK COMMISSION TO WELCOME DEPUTY PRESIDENT CLANCY AND COMMISSIONER HARPER­GREENWELL

 

 

 

 

Speakers:

MR ADRIAN BREEN, REPRESENTING THE MINISTER

MS KATE CARNELL, FOR ACCI

MR SCOTT BARKLAMB, FOR AMMA

MR TREVOR CLARKE, FOR ACTU

MR FRANK PARRY QC, FOR VIC BAR

 

Melbourne

 

9.12 AM, WEDNESDAY, 24 FEBRUARY 2016


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]