SM,

Excellent response!

You post:

"For example the FWA is not a rebadged AIRC. Juliar's purpose in disbanding the AIRC, and forming the new FWA was to reduce its ability to tackle the unions and to stack it with ex union heavies to rubber stamp labor's policies and back the unions to the hilt. Lawler was re appointed by Juliar, even though she had no obligation to do so as one of the few competent members of the new FWA."

My favourite bit:

"...Lawler was re appointed by Juliar, even though she had no obligation to do so...."

Which subsequently was blown out of the water by this:

"....When the Rudd government replaced the Workplace Relations Act with the Fair Work Act in 2009, a series of transitional provisions made it clear that members of the commission already appointed under the previous act would hold office under the new Fair Work Act..."

And the shameless Shadow Minister limps back into the fray with this:

"Thanks for confirming that the FWA was a new organisation that replaced the dismantled AIRC. That Juliar under Krudd chose to re appoint the AIRC commissioners was entirely Labor's choice, as they were under no obligation to do so."

Gillard did not "appoint" Lawler.

What part of "....a series of transitional provisions made it clear that members of the commission already appointed under the previous act would hold office under the new Fair Work Act..." - don't you understand?

(Who cares what Stoljar says. Let's wait for the "independent" decision on the matter of Heydon's bias...by..er...um....Heydon)

Lol!

Poirot, please understand that as the forums resident Rumpole of the Bailey Shadow becomes totally confused by legal argument.Can you explain it in single syllables for his benefit.

Parrot and Paul,

Let me put it in small words that a semi sentient ape can comprehend:

AIRC disbanded, all jobs gone.

FWA created, with new jobs and similar positions.

Special provisions taken to keep the skills of existing commissioners by reappointing them in the new and similar positions.

For example, when we won a maintenance contract at a site, we interviewed the staff and tradesmen from the previous company, and those we wanted we reappointed with the exactly the same pay and conditions to do similar jobs, which differed from the pay and conditions that new appointees received.

SM,

Lol!

You said:

"...Lawler was re appointed by Juliar, even though she had no obligation to do so...."

There was an obligation - and it wasn't down to Gillard.

"....When the Rudd government replaced the Workplace Relations Act with the Fair Work Act in 2009, a series of transitional provisions made it clear that members of the commission already appointed under the previous act would hold office under the new Fair Work Act..."

When you say "....she had no obligation to do so...."

Are you saying she could have defied the "transitional provisions" and appointed someone else?

No - "....transitional provisions made it clear that members of the commission already appointed under the previous act would hold office under the new Fair Work Act..."

Parrot,

So here's a question, If Lawler was appointed to the FWA via transitional provisions, who was responsible for those transitional provisions?

Whoever was responsible for those provisions was responsible for the appointment to the FWA, and it sure as hell was no one from the coalition.

SM,

"So here's a question, If Lawler was appointed to the FWA via transitional provisions, who was responsible for those transitional provisions?"

Ah...it gets a bit technical here...but do try and keep up.

"....When the Rudd government replaced the Workplace Relations Act with the Fair Work Act in 2009, a series of transitional provisions made it clear that members of the commission already appointed under the previous act would hold office under the new Fair Work Act..."

The "transitional provisions" allowed that "members of the commission already appointed under the previous act would hold office under the new Fair Work Act".

That is members who were "already appointed".

That is - in the case of Lawler - appointed by Tony Abbott under John Howard.

So Lawler was appointed by Tony Abbott - and transitional provisions in the Fair Work Act (instituted under Rudd) dictated that his role be transferred to the FWA.

That's a far cry from your assertion that:

"...Lawler was re appointed by Juliar, even though she had no obligation to do so...."