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The Forum > General Discussion > The Final Eviction, Bronnie Its Time To Leave The House.

The Final Eviction, Bronnie Its Time To Leave The House.

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Parrot,

I see the hamster driving the wheels in your mind is getting tired.

The AIRC was not modified, it was abolished. The new act in 2008 abolished the AIRC and created a new body called the FWA. Abbott could not appoint Lawler to the FWA as it did not yet exist. That is one fact that you cannot explain away.

Lawler was one of the commissioners "already appointed to the AIRC" and was reappointed by means of provisional legislation to the FWA. The only people that could have appointed anyone to that body would have been Labor.
Posted by Shadow Minister, Saturday, 22 August 2015 11:10:53 AM
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SM,

Remember how this little debate between you and I began?

I took you to task for this statement:

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

http://www.comlaw.gov.au/Details/C2009A00055

"Schedule 18—Institutions

Part 1—Initial appointment of FWA Members

1 Appointments to Fair Work Australia

(1) An appointment that is:

(a) to an office of the Commission mentioned in a table item below; and
(b) in force immediately before the commencement time for the table item;

is taken, after that time, to be an appointment, under section 626 of the FW Act, to the office of FWA mentioned in the table item.

Note: The person continues to be appointed to the Commission (see subitem (3))."

(See table in link)

Notwithstanding that you've now attempted to get around your original statement by opening the field beyond Gillard to "Labor", it's clear that the role was a continuing one from one the commission to FWA.

Gillard didn't "re-appoint" anyone - the Act passed on the role - or technically the "appointment".

Tony Abbott appointed Lawler to his role with the commission.

This was subsequently passed on by means of "transitional provisions" in the Act.

So your statement:

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

....remains well and truly stuck in the doo doo.
Posted by Poirot, Saturday, 22 August 2015 12:02:52 PM
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Poirot,

I see that your grasp on logic and causality is somewhat flimsy.

The very subsection that you quote from the FWA is titled:

Part 1—Initial appointment of FWA Members

1 Appointments to Fair Work Australia

All that follows is simply the mechamism by which employees of AIRC are automatically re employed in similar position in the FWA.

The paragraph that defines their employment in the FWA was written by Labor under the direction of Labor and ipso facto proves that the commissioners were appointed by Labor.
Posted by Shadow Minister, Saturday, 22 August 2015 1:35:25 PM
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SM,

"I see that your grasp on logic and causality is somewhat flimsy.

The very subsection that you quote from the FWA is titled:

Part 1—Initial appointment of FWA Members

1 Appointments to Fair Work Australia

All that follows is simply the mechamism by which employees of AIRC are automatically re employed in similar position in the FWA."

Oh..now it's a "mechanism" - and not something "Gillard" did out of choice?

So your statement:

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

...is not accurate.

"The paragraph that defines their employment in the FWA was written by Labor under the direction of Labor and ipso facto proves that the commissioners were appointed by Labor."

Lol!...we've come a long way from your original supposition.
Posted by Poirot, Saturday, 22 August 2015 2:07:21 PM
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Poirot, I can clearly understand what you are saying, unfortunately Shadow is at a lost to comprehend, or so he pretends to be. Shadow may I suggest you pick up a copy of a very good book on the market 'Fair Work Act for Dummies' it a bit like 'Facebook for Dummies' even you should be able to understand it.
Posted by Paul1405, Saturday, 22 August 2015 2:12:44 PM
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Parrot,

Considering that Juliar drafted the legislation, my statement stands.

However, your statement that Tony Abbott appointed Lawler to the FWA has fallen into a heap.

Paul,

I suggest you pick up any book it will be a novel experience, and help dispel your ignorance about pretty much everything.
Posted by Shadow Minister, Saturday, 22 August 2015 2:24:02 PM
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