PN1

VICE PRESIDENT HATCHER: All right. Good morning, everybody. Before we begin I would like to acknowledge the Gadigal of the Eora Nation, the traditional custodians of this land and pay my respects to the Elders both past and present.

PN2

Now, the ceremony this morning is for the purpose of acknowledging the appointment to the Fair Work Commission of Commissioner Ryan. I welcome the Commissioner's family, the speakers at the Bar table and all the other guests present. I will now ask Mr Breen, Assistant Secretary in the Attorney General's department who is representing the Minister to address the Commission first.

PN3

Mr Breen.

PN4

MR BREEN: If the Commission pleases. I too acknowledge the Gadigal of the Eora Nation, the traditional owners of the land upon which we meet and pay my respects to their Elders past and present. I would like to extend that respect to other Aboriginal and Torres Strait Islander people present today.

PN5

Good morning, Vice President, representatives of industry, the Trade Union movement and the legal professional. I particularly welcome and acknowledge Commissioner Phillip Ryan and members of his family on this significant occasion. 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 is unable to be with us today to welcome Commissioner Ryan.

PN6

The Fair Work Commission, like Fair Work Australia before it, is required to perform functions and exercise powers under the Fair Work Act 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.

PN7

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 this institution have grown as a result of social, economic and legislative change. Now that the national industrial legislation covers the majority of Australian workplaces, the decisions of this Commission have broad‑ranging impact throughout the country.

PN8

The appointment of Commissioner Ryan will contribute to the vital role that the Fair Work Commission plays in assuring that our industrial relations system operates in a fair, transparent manner and promotes cooperative and productive Australian workplaces.

PN9

Commissioner Ryan, your appointment commenced on 28 June 2021. You have 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, particularly advising the hotel and hospitality sector.

PN10

Your experience has been both at a practical workplace level and in dealing with high level, complex legal issues. This will be invaluable 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. You were noted for these attributes and will no doubt make an important contribution to the work of the Tribunal for years to come.

PN11

Great responsibility is placed on members of the Fair Work Commission. 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.

PN12

Commissioner Ryan, 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. May it please the Commission.

PN13

VICE PRESIDENT HATCHER: Thank you, Mr Breen.

PN14

Mr Izzo, representing the Australian Chamber of Commerce and Industry and the other employer organisation will speak next.

PN15

MR IZZO: Thank you, Vice President.

PN16

I too wish to acknowledge the Gadigal people, traditional custodians of the land on which we meet today and wish to pay my respects to the Elders past and present.

PN17

Before speaking about Commissioner Ryan's appointment and making some comments about the Commissioner himself, I would like to firstly acknowledge the integral role that is played by the Fair Work Commission and its existing members in Australian Industrial Relations. The Commission has a long history, as Mr Breen has eluded to, dating back more than 100 years.

PN18

It is a body that has operated through different governments, world wars, depressions, global financial crises and more recently, a worldwide pandemic. Throughout that time the Commission has continuously discharged its obligations under the statutes that created it, doing the important work of setting minimum rates of pay, resolving industrial disputes and in particular, dealing with a myriad of circumstances faced by individuals who are aggrieved by their treatment in the workplace.

PN19

Overwhelmingly, the Commission has operated impartially and practically seeking to give effect to the industrial laws of the time. In my experience its members have always focused on conciliation as a precursor to arbitration conscious of the fact that workplace relationships work best when parties are working together to try to resolve contentious issues.

PN20

Unfortunately, sometimes the Tribunal is subject of criticisms associated with the deficiencies in the legislation under which it operates. The current difficulties with enterprise bargaining in the private sector is a good example of this but the function of the Commission is to apply the laws of the day and the Commission has served this function loyally, in my experience. If those laws aren't working, it is the role of the industrial parties to seek it for.

PN21

What is particularly pleasing, however, as our country eyes a federal election tomorrow, is that all major parties are unanimous on one topic, namely Australia's workplaces need an independent industrial umpire to foster harmonious workplace relations and that umpire is the Fair Work Commission.

PN22

If I could now turn to Commissioner Ryan who I saw this morning coming in soaked in rain and quite affected by the weather so it's good to see you dry there, Commissioner. It is to this important body that you've been appointed. On behalf of the Australian Chamber of Commerce and Industry and the community of employers and their representatives who appear before you, it gives us great pleasure to welcome you to your new role and I'd also like to welcome your family who are here today.

PN23

I'm pleased to say that I have known the Commissioner professionally for many years and in those dealings, I will share my view of the Commissioner or what I have perceived. What I have perceived is that he is a genuinely approachable person, whether that be to his members when he was at the AHA, to his colleagues or to others in the industry.

PN24

He's kind and has always been a friendly face that you would come across whether it be in the Commission or in other settings. He's empathetic. This is obviously a very important feature for carrying out the functions of the Tribunal and I have seen this empathy in two ways.

PN25

He's certainly been sensitive to the challenges employers face, particularly where regulation doesn't make sense or have merit but equally he has a sense that outcomes need to be fair for employees because of the effect that decisions can have on them.

PN26

He's acutely sensitive to the needs of regional areas. To be honest, I was mainly alerted to this because whenever I told the Commissioner that I was going to some regional town, he would rattle off instantaneously the name of the local pub, the owner, who was always an AHA member, and what his biggest issue was. He was either very good at listening over the phone or in his time at the AHA, visited a lot of pubs.

PN27

I suppose you can't talk about the Commissioner without talking about his time at the AHA. He was there for more than 20 years. I'm told by his colleagues he started effectively in the mail room, I don't know if that's right. I think it was probably membership but he started relatively green and junior, that's for sure. He went on to express interest in legal and IR work.

PN28

Again, I bumped into Mr Vlachos in the café downstairs who took all the credit for that saying it was his influence that convinced the Commissioner to move into the IR team. He then did a law degree. He became the manager of the AHA's IR team and most recently, became the leading force in the founding of Hospitality Legal, a law firm dedicated to the needs of the hospitality sector and of course owned by the AHA.

PN29

His career journey with the AHA really is a success story all in itself. I do have a couple of other success stories that I'd like to share. The Commissioner spent a fair amount of time on a Federal Circuit Court matter with Deputy President Cross when he was a barrister a few years back in relation to a head chef of a pub who'd embezzled money from the pub and the pub had been an AHA member.

PN30

The chef had been involved in a chicken schnitzel racket where the chef was issuing fake invoices to his wife inflating the cost of the humble schnitty. DP Cross and Commissioner Ryan pursued this employee all the way to the Federal Circuit Court in what really became its own schnitty gate and they ultimately obtained orders for the return of secret schnitzel profits in excess of $75,000.

PN31

So well done but it wasn't all success, I have to point out because Commissioner Ryan was also of the view that the quiches at the pub were suspiciously overpriced. Unfortunately DP Cross and Commissioner Ryan failed to convince the court of this element of the claim, they obviously didn't realise quiches are just expensive.

PN32

The Commissioner will also proudly tell you that he was the moving force behind the introduction of new part‑time employment provisions in the hospitality award. The new provisions provided substantial flexibility to promote the engagement of part‑timers who had previously largely been shunned for casuals in the industry.

PN33

It was a good outcome for business but also well received by many employees because it was seen as effectively an uplift to give them secure part‑time employment which had previously been casual. It has been well‑received by the industry who appear to have taken up the changes.

PN34

The problem with the changes, however, is that any time any industrial organisation had any issue with any award provision, no matter what the topic, Commissioner Ryan's regular response would be, 'Have you seen the part‑time flexibility provisions we secured in the hospitality award. That might help, have a look at that.' No, Commissioner, for the record, often it didn't help but well done on the clause anyway.

PN35

Together with Commissioner Matheson who was sworn in a fortnight ago, Commissioner Ryan is part of the new generation. Now, before you take offence Vice President Catanzariti, I'm not suggesting you or anyone else on the Bench is old, don't take it the wrong way, but what is true is that Commissioner Ryan will be sitting on this Tribunal for many years to come and so I'm comforted to say that the future of Industrial Relations Regulation is bright with members such as Commissioner Ryan at the helm. Thank you.

PN36

VICE PRESIDENT HATCHER: Thank you, Mr Izzo.

PN37

Mr Kemppi, on behalf of the Australian Council of Trade Unions will speak next.

PN38

MR KEMPPI: Thank you, Vice President.

PN39

On behalf of the ACTU, welcome. The Fair Work Commission as the independent umpire is central to the functioning of the Australian industrial landscape, it plays a significant role in that landscape as the adjudicate sometimes between the parties and we would say that next to the union movement, of course, it's perhaps one of the most significant institutions in industrial relations.

PN40

The role of Fair Work Commissioner is one of great responsibility and you've been appointed on the basis of knowledge and experience in industrial relations law and business, for that we congratulate you.

PN41

From stopping bullying and harassment to making decisions or bringing parties together in collective bargaining or even simply determining what it is that an industrial agreement might mean when it was struck 10 years ago, the Commission will come into workplaces, make important decisions, help parties to understand their obligations and move forward cooperatively.

PN42

We note that your significant experience working in the hotels industry as well as as a legal practitioner will help you to make the decisions you need to make and bring parties together where necessary. If my maths is right and I believe this was confirmed by Mr Izzo just recently, it would appear to be the case that you chose industrial relations as a profession and then chose to go to the law as (indistinct) with a somewhat similar path, having not gone the other way of studying law first then choosing employment.

PN43

I hope that what that means is that you're committed to industrial relations first and foremost and then the law and that you will be fantastic when it comes to the conciliatory aspects of industrial relations as well as, of course, getting in and making decisions when you need to. We hope that from your experience, from the many disputes, high level or small scale that you would have seen across your working life, you'll bring a fair‑minded approach to IR that puts fairness and justice at the heart of everything you do and with that, we would ask you that you remember the workers in this situation, when they come before you they will not be in their best circumstances, they may have just lost their job.

PN44

They may need you to assist them going forward and we hope that you keep them in mind. If they can walk away from this place having seen justice be done, thinking that whatever happened was generally fair and defensible, whether or not they get their way, we can't ask for much more. Thank you and congratulations on your appointment.

PN45

VICE PRESIDENT HATCHER: Thank you, Mr Kemppi.

PN46

I'll now invite Commissioner Ryan to respond.

PN47

COMMISSIONER RYAN: Thank you, Vice President.

PN48

And thank you, Mr Breen, Mr Izzo and Mr Kemppi for your kind welcome and generous remarks. I too acknowledge the traditional owners of the land on which we meet, the Gadigal People of the Eora Nation and pay my respects to their Elders past, present and emerging.

PN49

I'd like to extend my congratulations to Deputy President Easton who's on the Bench today as well as Deputy Presidents Bell, Moltoni and Commissioners O'Neill, Mirabella, Matheson and Schneider on their appointments to this Commission.

PN50

While starting my appointment in the midst of a lockdown presented some challenges, none were insurmountable and all things considered, everything went quite smoothly. On that note, I'd like to thank all of the members and staff of the Commission for their warm and collegial but socially distanced welcome.

PN51

Everyone has been only too happy to assist and I thank them for that. Of particular note I'd like to acknowledge and thank Commissioner Hampton for his support and guidance as well as my associate, who has done an outstanding job in setting up the greenfields site which is now my chambers.

PN52

There was a little bit of - or a few remarks about my background and how I started the AHA and whether I went to law or IR first. I might just place it on the record. I started at the AHA New South Wales in late 2000 in the role of membership coordinator. At that time there was an industrial relations department but there wasn't a general legal department. The idea of becoming a lawyer had never entered my wildest dreams.

PN53

However, not long into my tenure at the AHA New South Wales, the receptionist started transferring calls relating to liquor licencing and gaming issues. When I informed her that I wasn't a lawyer I was met with a very blunt response, 'Well, they're members and you're membership, so deal with it.'

PN54

So I started to work my way through the Liquor Act and other relevant legislation and that sparked my interest in studying law. I was very fortunate, indeed I was very lucky to have had the strong encouragement and support of the CEO at the time, Brian Ross, who sadly is no longer with us.

PN55

Brian studied law through the former Barristers Admission Board and once he found out I was interested in studying law, I don't think I had the option of not going through with it. He was a great supporter of me in my career and I'll be forever grateful for the opportunities he provided even if he had to pull me into line once or twice.

PN56

But it was Brian that pushed me into law as Mr Izzo alluded to earlier, it was Andrew Vlachos who pushed me into IR, quite literally about 50 metres from the hearing rooms of the Industrial Relations Commission of New South Wales at Railway Square. Andrew, who I'm pleased is here today, had not long started at the AHA and needed some help in the AHA and needed some help in the IR team.

PN57

He approached me as I was studying law and asked if I'd like to help out. I agreed and soon after I found myself preparing some short submissions for an unfair dismissal matter with the idea that I'd go along to observe the proceedings. We were about 50 metres from the IRC hearing rooms when Andrew said, 'You can run this matter today.'

PN58

You can imagine how that would have been received by a junior law student who had never stepped inside a courtroom before and while that direction may be been lawful, I formed the view over the next 49 metres that it was plainly unreasonable. However, it was a sink or swim moment and while I had the matter dismissed on jurisdictional grounds, the State Commission had no jurisdiction to deal with a federal award (indistinct) an employee, that advocacy experience ignited a spark and I was hooked.

PN59

Before too long I was regularly appearing before the State and Federal Commissions and you know the rest. Along the way I received great support from all of the CEOs I worked with and I acknowledge and thank Sally Fielke, Paul Nicolaou, John Whelan and in relation to my national role, Stephen Ferguson and I'm delighted that each of them are here today.

PN60

I'd also like to acknowledge and thank the presidents I've worked with, Scott Leach and the late John Thorpe AM for the opportunities they provided. Indeed and it's been - Hospitality Legal's been referred to, that was Scott's vision for the association having an incorporated legal practice and I was tasked with establishing that and we launched Hospitality Legal in May 2018.

PN61

I'd also like to acknowledge and there are just too many to name, my former colleagues at the AHA New South Wales, AHA National and its branches and Hospitality Legal. Turning to members of the legal profession and other the professional services, I acknowledge and thank the following. Peter Punch of Carroll & O'Dea Lawyers, Kim Stapleton and John Miller from JDK Legal and Peter Crawford of VJ Ryan & Co.

PN62

I have worked closely with each of them over the past two decades on liquor licencing, gaming, commercial matters and registered organisation matters and it's great to see Peter Crawford, Peter Punch and Kim Stapleton here today.

PN63

In terms of barristers, I briefed a range of barristers for different matters across various jurisdictions. Out of fear of leaving some out, I won't attempt to mention them all by name but there is one that warrants special mention although he is no longer a barrister.

PN64

I first briefed Deputy President Cross, who is on the Bench today, as a barrister in a case involving a hotel maintenance worker who spent his time in the hotel's expense account fixing the homes of family friends rather than at the pub.

PN65

Other notable cases we worked on included whether a clothes basket in the mail room of a law firm was a mailbox for the purpose of filing an unfair contract claim by post and as was alluded to earlier, of course, who can forget the infamous chicken schnitzel case, a case that was determined in part by the court developing and applying a special schnitzel formula.

PN66

Naturally friendship developed and it was the Deputy President who moved my admissions as a legal practitioner before the Supreme Court of New South Wales and I'm delighted to be a colleague of the Deputy President as a member of this Commission, noting that I can now seek his advice again without having to pay for it.

PN67

Turning to those most important to me. I acknowledge and thank my parents (name redacted) for everything they have done. I enjoy a great relationship with my parents and although we don't get to see each other as much as we'd like, we talk regularly, almost daily and I'm thrilled they're here today.

PN68

While both are now retired, my father was a school teacher and taught at Merewether High in Newcastle from the early 70s until his retirement where he was affectionately known as 'Rugby Ryan.'

PN69

My mother who initially worked in clerical roles after leaving school, re‑entered the workforce as a secretary at my primary school St Columban's in Mayfield once my youngest brother had started there which was also the same primary school she attended as a child.

PN70

Mum worked there for the next 30 years or so until she retired in 2021. Her association with that school as a student parent, and employee over a period spanning almost 70 years, led to her retirement being reported on NBN’s 6 pm evening news, something the whole family was immensely proud of.

PN71

As many would be aware, my parents raised five boys and for those who are wondering, yes, I'm the middle child. Growing up with four brothers meant there was always a game of backyard cricket or footy going on but it also meant that it was often survival of the fittest. To my brothers who are all here today, my sisters‑in‑law, my parents‑in‑law and my brother‑in‑law and sister on my wife's side, thank you for everything you to do support (names redacted) and myself.

PN72

To my wife, (name redacted) and daughter, (name redacted), thank you for your unwavering love and support and for your tolerance of and laughing along with my unrelenting and poor attempts at humour in the form of dad jokes. When we first told (name redacted) of my appointment and explained the role of a Commissioner she said, 'Well, dad, when you're up on stage make sure you give out good points.' Well, today, bub, you get 10 out of 10. Your mum and I are so proud of you and we love you to the moon and back.

PN73

I'm honoured to be appointed as a member of this Tribunal. As we heard earlier, this Commission and its predecessors have been in place for over 100 years and have played a significant role in shaping this nation's political, industrial and social history. The decisions of this Commission directly or indirectly impact many, if not all Australians at some point in their lives.

PN74

I'm acutely aware of the significance of the responsibilities that come with the appointment to the office of Commissioner of the Fair Work Commission. As I have done so far and as I will do for the remainder of the term of my employment, I will discharge my duties and functions faithfully and impartially, taking into account equity, good conscience and the merits of matters and ensuring that a fair go all round is accorded to the parties before me.

PN75

Finally, thank you to everyone for your attendance today. I know some of you have travelled some distance or rearranged schedules. I really appreciate it. Thank you.

PN76

VICE PRESIDENT HATCHER: All right. So on behalf of all my colleagues, I'd like to congratulate you, Commissioner Ryan, on your appointment. I thank all those who have attended today both at the Bar table and as family as guests and we will now adjourn.

ADJOURNED INDEFINITELY [9.38 AM]