Published: 10 February 2012
The Labour Lawyer returns to his correspondence.
Dear Minister for All Things
President: Fair Work Australia
Now that the holiday season has concluded and Parliament has resumed I thought it fair to trouble you again.
As you know the Honourable Geoffrey Giudice AM President of Fair Work Australia is to soon retire after 15 years in the job. No replacement has yet been announced.
Senator Abetz has spoken of the President’s capacity as a “Judicial Officer with the demeanor to match”. Regrettably Abetz has also spoken of recent appointees to Fair Work Australia as “an endless tribe of Trade Union Officials”.
My purpose in writing is to express the hope that the President’s replacement will display the same degree of courtesy and consideration as that shown by the outgoing President. Justice Giudice has earned the respect of all concerned with the AIRC and FWA, not least because of his courtesy (and good humour).
Whether a party is self represented or appears by Senior Counsel, Labour Lawyer or Union Official, there can be little doubt that the confidence and esteem with which an institution such as Fair Work Australia is regarded, is profoundly influenced by the manner in which its members conduct themselves.
Such simple attributes as courtesy and good manners from those holding judicial or quasijudicial appointment should not be overlooked. Regrettably, as experience in Canberra and elsewhere shows, sometimes such qualities are ignored.
Yours respectfully,
The Labour Lawyer
From the Office of the Minister for All Things
Dear Labour Lawyer
President: Fair Work Australia
Thank you for your letter after the holiday break. In referring to the FWA President’s unfailing courtesy and consideration you have identified one of the few things on which I agree with Senator Abetz.
I am confident that the Government’s appointee to the post of FWA President will have the qualities to which you refer.
I note that the Modern Award exercise undertaken by the Tribunal and overseen by the President required extraordinary efforts on his part and was carried out in accordance with the legislation with great care.
I also note that Senator Abetz is critical of the minimum terms and conditions in Modern Awards describing them as a “perspective throwback with a rigid ‘one size fits all’ approach”. It is not clear to what instrument they are said to be a throwback. Nonetheless it is clear enough that the maintenance of even the bare minimum terms and conditions to be found in Modern Awards are not part of his or the Liberal agenda.
Yours sincerely,
The Minister For All Things
40 years in the law
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