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TRANSCRIPT OF PROCEEDINGS



ON THE OCCASION

OF

THE COMMISSION'S SWEARING IN

AND WELCOME OF

COMMISSIONER SPENCER

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

BRISBANE

TUESDAY, 30 OCTOBER 2001

JUSTICE GIUDICE, PRESIDENT

DEPUTY PRESIDENT HALL

DEPUTY PRESIDENT LINNANE

COMMISSIONER HOFFMAN

COMMISSIONER HODDER

COMMISSIONER BACON

COMMISSIONER SPENCER

COMMISSIONER EDWARDS

COMMISSIONER FISHER

COMMISSIONER BECHLY

COMMISSIONER SWAN

COMMISSIONER BLOOMFIELD

COMMISSIONER BLADES

COMMISSIONER ASBURY

COMMISSIONER BROWN

COMMISSIONER THOMPSON

DR P. SHERGOLD FOR MINISTER ABBOTT

MS G. GRACE FOR QUEENSLAND COUNCIL OF UNIONS

MR S. NANCE FOR COMMERCE QUEENSLAND

MR P. NAYLOR FOR AUSTRALIAN RETAILERS' ASSOCIATION

***

PN1

JUSTICE GIUDICE: Commissioner Spencer.

PN2

COMMISSIONER SPENCER: I have the honour to announce that I received a commission from his Excellency, the Governor-General, appointing me to be a Commissioner of the Australian Industrial Relations Commission. I present the commission.

PN3

JUSTICE GIUDICE: Mr Registrar, I direct that the commission be recorded. Dr Shergold.

PN4

DR P. SHERGOLD: Your Honour, I am very pleased to be here today at this ceremony to welcome Commissioner Spencer to the Commission and of course I would like to extend my personal congratulations to her in her new role. As you will be aware, during the period leading up to the election on 10 November, the government is only undertaking caretaker responsibilities. As a result, the Minister is unable to attend the ceremony today. I am delighted at the opportunity this presents for me to participate.

PN5

As I said earlier this year when I was honoured to attend the special Centenary of Federation Hearing of the Commission, the role played by this institution and its predecessors has been central to the economic, social and industrial history of Australia in the last century. The analyses, judgments and decisions of the Commission and of its individual members have often been the turning points in expressing changes in community standards and expectations. In recent years, the legislative framework within which the Commission operates has changed significantly; so too, the structure of the Australian labour force and the forms of agreement-making.

PN6

The Commission has been responsive to these changes and, as this century unfolds, will continue to play an influential role. The appointment today and other recent appointments confirm the commitment of the government to the Commission and its proper resourcing. The new member represents a continuing renewal of the institution that plays such an important and influential role. Hopefully, it also reflects a determination to ensure that the composition of the Commission reflects the much altered gender composition of the paid labour force.

PN7

Commissioner Spencer, you were, most recently, Director of Employment Law and Public Affairs for the Retailers Association of Queensland and National Director, Employee Relations for the Australian Retailers Association. I know that your involvement with these organisations has seen the development of industrial relations and human resource management strategies, together with member education programs. You also advised and represented a number of Australia's largest retail corporations in this context.

PN8

Prior to joining the Retailers Association of Queensland, you were an Industrial Officer with the Australian Sugar Milling Council. You chaired the Sugar Industry Workplace Health and Safety Committee, the Retail Industry Industrial Relations Committee, the ARA National Employee Relationship Advisory Committee and the Joint Workplace Reform Steering Committee for the Retail Industry. You were, of course, also a member of the Queensland Workplace Health and Safety Board.

PN9

Most recently, you were appointed by Premier Beattie as a member of the Workplace Bullying Taskforce to examine and develop strategies to help prevent bullying in the workplace. You hold a Graduate Diploma of Business (Industrial Relations) from the Queensland University of Technology and also hold degrees of the Bachelor of Commerce and the Bachelor of Arts from the University of Queensland. Commissioner Spencer, I am certain that your skills, your expertise and your experience in these areas will add undoubted value to the important work of the Commission. May I wish you every success in your new career. If the Commission pleases.

PN10

JUSTICE GIUDICE: Mr Nance.

PN11

MR S. NANCE: Thank you, your Honour. If the Commission pleases, it is my great pleasure to welcome Commissioner Paula Spencer to appointment to the Industrial Relations Commission. Commissioner Spencer's reputation as a highly professional, committed practitioner is well known throughout the industrial relations industry in Queensland and also in Australia. She has earned such high regard amongst her IR colleagues from her distinguished career that includes her time in the sugar industry and, at recent times, in the retail industry, both in Queensland and her role Australia wide.

PN12

I had the fortune to work very closely with her for a number of years at the Australian Sugar Milling Council. It always amazed me that, some time during the working day, Commissioner Spencer would disappear. I naturally thought she was going to the Industrial Relations library to expand her IR knowledge, knowing one day she will accede to this position. To my surprise, I found her not at the library but sipping coffee in a dingy lit cafe, proof-reading her assignment. But what I can say is that, during my time with her and that I spent examining her, she always displayed a very high integrity and she was always very fair.

PN13

Also during this period, it's never easy to balance your own work life and your family life, especially when you're developing your own career and assisting your husband's career. During that period, Commissioner Spencer, you had to go to Townsville and suffer the heat up there for your husband. Also during this time, and it's a credit to you, you have raised three beautiful children. She has also risen to a new challenge and we believe that this next step in her life is a new challenge that she will accept and we have no doubt will succeed.

PN14

I'm sure, in her new role, Commissioner Spencer will draw on her depths of experience to ensure our industrial relations systems will remain progressive and fair. Given her previous roles within organisations, she has developed an invaluable experience and insight into the private sector and we believe she will carry out her duties with the utmost fairness to all parties. On behalf of the Australian Chamber of Commerce and Industry and the Queensland Chamber of Commerce and Industry and industrial organisation employers and myself personally, I wish you all the best in your new appointment. Thank you.

PN15

JUSTICE GIUDICE: Ms Grace.

PN16

MS G. GRACE: Your Honours, on behalf of the Australian Council of Trade Unions and the Queensland Council of Unions, we wish to congratulate Commissioner Paula Spencer on her appointment and welcome her to the Australian Industrial Relations Commission. As we've heard, Commissioner Spencer has had quite a lengthy experience in the number of years that's she's worked in the industrial relations arena and it's pleasing that we are welcoming another person representing a union organisation, be it that it may, in this case, it's an employer union organisation.

PN17

There's no doubt that Commissioner Spencer brings to this position wide experience in industrial relations and she has seen many changes in the last 10 years in the area that she has got most of her expertise in and that is in the retail sector with the Retailers Association of Queensland. Commissioner Spencer has worked in an organisation and in an industry where we all once used to go to the bank to go shopping and now we tend to go shopping to go to the bank. So there have been extensive changes in industry and Commissioner Spencer has definitely been part of looking at all the industrial relations implications in this most important industry in Australia, particularly in Queensland where she's worked for the last 10 years with the RAQ.

PN18

I've had the pleasure of working with Commissioner Spencer for a short time, even though it may be, on the Workplace Health and Safety Board and I was impressed by the expertise she even had in that particular area. My colleagues have worked with her on the Workplace Bullying Taskforce and the comment of my officer who is on that taskforce with Commissioner Spencer was that she brought a refreshing attitude towards that whole issue and one that brought many good points about how that particular incidence in the workplace could be addressed.

PN19

She has had national experience with the RAQ and I'm sure that my colleague here will go through most of that experience, but there is no doubt that in the area of industrial relations, often balancing work and family - or should I say juggling work and family - is very difficult, and Commissioner Spencer of course brings to the Bench the understanding of what that means for a lot of people who work not only in the workplace but who work in other areas of industrial relations when it comes to balancing the workload.

PN20

She has gained respect on both sides. All parties respect her balanced view. They respect her integrity, her honesty and most of all, they respect the experience, the knowledge and the expertise she brings to the job. I think it will be a valued addition to the Bench. We welcome you and on behalf of the ACTU and the QCU, once again, welcome and congratulations. May it please the Commission.

PN21

JUSTICE GIUDICE: Mr Naylor.

PN22

MR P. NAYLOR: If the Commission pleases, firstly, your Honour, can I thank you for your indulgence in allowing me to speak. I realise it's outside of protocol but this is a very special occasion for Commissioner Spencer and a very special occasion for the Australian Retailers Association. The Association takes great pride and pleasure in welcoming Commissioner Spencer to the Australian Industrial Relations Commission. This honour is well deserved and I've no doubt that she will acquit the role with the same degree of diligence and excellence in which she acquitted her role with the Retailers Association of Queensland and the Australian Retailers Association.

PN23

I guess Commissioner Spencer's appointment gives me the opportunity of saying, as I love to say as often I can, that the retail industry is the largest employing industry in Australia and it's interesting to note that Commissioner Spencer is the fourth employee of the Retail Association around Australia to have been appointed to a conciliation and arbitration tribunal in the 100 years history of conciliation and arbitration in Australia. Paula in fact is the first one to be appointed to the Australian Industrial Relations Commission. The other three were to the State Commissions of Queensland, South Australia, and Western Australia and although there have been some very notable appointments to the Commission with a retail background, I think, Commissioner Spencer, that you are indeed in select company in your current appointment.

PN24

On a personal note, whilst I welcome Commissioner Spencer's appointment, it's not without some regret to me. As a lot of you know, I first appointed and employed Paula to the Retailers Association, some 10 years ago. I guess I showed an excellent amount of wisdom in hindsight in making that appointment. But during that period, I've seen Paula develop into the excellent operator that she now is and I suppose I've got some regrets in seeing her take up this role. I would have very much liked her to stay with the Australian Retailers Association and again, without any offence to any religion, I feel a bit like a parent handing over my first born to the church.

PN25

They say, if you want a job done, get a busy person to do it and you've heard Paula's background. With three young children, being Director of Public Affairs with the Retailers Association of Queensland, National Director of Employee Relations with the Australian Retailers Association and albeit all on a part-time basis, you can see Paula well fits that quality. Having said that, I don't take anything away from the role that her husband Bruce has played in assisting her to carry out those responsibilities.

PN26

For those who know Paula and I well, you will know that both Paula and I and our families have come to be very good friends but having said that, I know that Paula will carry out her role as a Commissioner without fear or favour and given my comments about her ability to get things done, I think you'll find that those appearing before her will find her as a no-nonsense and a decisive person and certainly we won't see situations of tardiness in delivery of decisions.

PN27

I'm certain Commissioner Spencer will take up this role with great vigour and some degree of excitement. Adding to that excitement, I'm sure, knowing Commissioner Spencer's background, part of that excitement will be that she will never, ever have to do a trading hours case again; and more importantly, as I understand her new jurisdiction, will never have to hear one. On that note, Commissioner Spencer, please accept the best wishes of the Australian Retailers Association and my personal best wishes on this chapter of life for you and we look forward to seeing it being played out. If the Commission pleases.

PN28

JUSTICE GIUDICE: Commissioner Spencer.

PN29

COMMISSIONER SPENCER: Justice Giudice, President of the Australian Industrial Relations Commission, President Hall, members of the Australian and Queensland Commissions, Commissioner Walters of the Queensland Anti-Discrimination Commission, family and friends, thank you for attending today. To the speakers and former colleagues, thank you for your kind words today and I look forward to seeing you all in my new role. It is a very great honour for me to be appointed to the Australian Industrial Relations Commission.

PN30

I have long held a genuine respect for the industrial tribunals and have always considered significant the principal objects of the federal industrial legislation to promote cooperative workplace relations, economic prosperity and welfare of employees and employers. I have been extremely fortunate in my professional and private life to have a very supportive network of people and, on an occasion such as this for me, I would be pleased if you would indulge me whilst I thank some of them.

PN31

To my husband Bruce, my children, Georgie, Pip and Tom, I thank you for your unwavering love, support and patience. My parents, Judy and Alexander Foote, my brothers, Michael, Warwick and Robert, thank you for creating and continuing to provide a supportive and loving environment, not only for me as you always have but also for my family. Your guidance and advice continues to be of great value to me. My parents-in-law, John and Jeanette Spencer and their family: you, too, have been a great source of assistance and joy to me.

PN32

I would also like to thank some special guests: Sir Robert and Lady Mathers and Mrs Muriel Palmer for being with me today. It is important for me to remember my former employers: Peter Warren from the Sugar Milling Council who gave me my first job in industrial relations when I returned absolutely penniless from the backpacking holiday through Europe. I also would make special mention of Phil Naylor and Helen Jackson who have travelled from Sydney to be here today. They provided me with a wonderful start in the retail industry and have, on many occasions, provided a constructive sounding board for me.

PN33

Patrick McKendry who, through his own unorthodox style, allowed me the freedom and flexibility to operate autonomously and provided a wonderful range of opportunities for me to explore: my sincere thanks and gratitude for your faith and support, Patrick. Thanks also to my former colleagues from the Retailers Association of Queensland some of whom are here today, in particular, Susan Lindsay and, as you all know, I was very sad to leave the retail industry. Speaking of retail, I would like to recognise the very dear friendship of Commissioner Ingrid Asbury. Since our university days, to the Sugar Milling Council and now into our respective positions on the tribunals we represent, Ingrid has shared my highs and lows and has always been a great friend to me.

PN34

Also, I'd like to recognise Elizabeth Sachs who is here today and who has been my good friend for more than 30 years. I also offer my considerable appreciation for the positive influence and guidance of Vice President Dianne Linnane, Commissioners Glenys Fisher, Deirdre Swan and Karen Walters; to Colin Casey who has retired from the Shop Assistants Union and has taught me that, after many a very long conciliation conference, even when something looks way beyond settling, parties can achieve miraculous outcomes and in fact, at the end of the day, can shake hands and walk away together.

PN35

To the current members of the Commission and past Commissioners, particularly Lionel Ledlie and Bob Bougoure who were so encouraging when I first appeared as a very anxious advocate, I thank you for your impact. I have watched the strong examples set by Commissioners Hoffman, Hodder and Bacon in the federal Commission and I will strive to follow your lead. I thank all three of you and all of the other members of the Commissions here and across Australia who have provided me with such a warm welcome.

PN36

I have been overwhelmed by the warmth and sincerity of the congratulations I have received since the announcement of my appointment from all sections of the industrial relations community and I wish to convey my appreciation to all concerned. I understand the responsibility of my new appointment and I aim to serve with my fullest commitment and I look forward to the challenges ahead. Thank you all for attending today.

PN37

JUSTICE GIUDICE: Thank you all. Adjourn the Commission.

ADJOURNED INDEFINITELY [10.21am]