WORKPLACE REVIEW   

EDITORIAL

The year 2020 will be forever linked with the COVID-19 pandemic. This issue of Workplace Review has devoted a number of articles to the way in which the legal profession and the industrial relations world has come to terms with the lockdown and social distancing.  It is clear that the practice of law may never return to what it was, as indeed the wider workplace itself.

In relation to this, I have provided some experiences in The Last Word column at the of court rooms for the Bench, Bar and parties coping with the new health regulations.  Neil Napper has provided an article as to how solicitors’ firms have had to change the way their professional duties. Judge Gerard Phillips, the President of the Workers Compensation Commission of New South Wales has provided his tribunal’s response.  Importantly, Craig Ryan, the Publishing Editor from Thomson Reuters, has provided an excellent article dealing with the way industry through various regulations and also proceedings before the Fair Work Commission, has attempted to cope with this problem. In particular, in order to get the economy moving, interesting questions perhaps hitherto off-limits or unimagined have been raised; for example, Ryan makes reference to what the CEO of the Australian Retailers Association, Paul Zahra, has said that because of the changing nature of the way people shop, a more flexible approach might require retail employers to be able to take a more ‘pragmatic and flexible’ approach to issues such as penalty rates and trading hours.  To this end, his Association supports a structure where penalties only apply when an individual works outside their preferred hours.  That is a very significant change to current circumstances.

The cover of this edition features Simon Fieldhouse’s portrait of ‘Mr Green Bans’ Jack Mundey AO, with his 1970s flowing hair and bushy sideburns.  Jack Mundey has recently deceased and this edition is dedicated as a tribute to him. That dedication is supported by three articles.

Firstly, from Darren Greenfield, the State Secretary of the CFMEU Construction and General Division New South Wales.

Secondly, the former President of the New South Wales Legislative Council, Meredith Burgmann, AM.  Meredith has been a lifelong activist. The most example of her activism, in my recollection of having invaded the Sydney Cricket Ground pitch during the 1971 match between the Wallabies and the Springboks.  She evaded security by jumping the fence at the Members’ Stand where it was thought little security was required.

Thirdly, we have been provided with an excellent detailed piece by a former secretary of the New South Wales Labor Council, Dr. Michael Easson, AM  who had a long personal friendship with Jack and identified how Jack himself had friends across the political divide, even though he had been member of the Communist Party of Australia.  I recall meeting Mundey at the celebrated anti-communist unionist, Laurie Short’s memorial service held at the Trades Hall.

There are a number of other obituaries of famous people in the industrial relations world who have shuffled off this mortal coil.  Former Justice Macken of the Industrial Commission of New South Wales and the author of Macken’s Law of Employment has an obituary written by his son, James Macken, a barrister from Canberra.

Next, a former Justice of the Australian Industrial Relations Commission, Paul Munro, provides an in-depth obituary for Joe Isaacs, a famous economist who also served on the Commonwealth Conciliation and Arbitration Commission; and finally, Ingmar Taylor, SC provides a very moving tribute to Peteris Ginters, a young talented barrister cut down in his prime by Motor Neurone Disease.

WE have two articles from our South Australian colleagues being one on so-called ‘wage theft’ by Kirsty Stewart, Rick Manuel and Kaz Eaton; and another by Rick Manuel and Susan Zeitz dealing with the recent decision of WorkPac Pty Ltd v Rosatto [2020] FCAFC 84 dealing with the vexed question of the definition of casual employment.  It is believed that this case will be headed off to the High Court.

Book reviews have become a notable feature of this journal and this one is no different.  Former Barrister and State Member for Cronulla, Malcolm Kerr, OAM  provides an interesting insight into a new biography of Prince Albert, consort to and husband of  Queen Victoria and his role in the industrial revolution.  I provide a review of Sonia Henry’s debut novel regarding the travails of young doctors in a busy teaching hospital and Phillip Sutherland provides his views on the new book Heydon on Contract.

In my opinion, this is one of the better editions Workplace Review has had in its 10 year history.  I hope you enjoy it.

I speak for myself and Neil Napper in thanking Thomson Reuters for supporting this publication and the faith it has bestowed on me and Neil as co-editors. Workplace relations is essentially about people. We have strived to examine, inter alia, relevant issues and the personalities of the practitioners who develop those issues.

Jeffrey Phillips, SC

State Chambers