PN1

VICE PRESIDENT HATCHER: Before we begin I would like to acknowledge the Gadigal of the Eora Nation, the traditional custodians of this land and pay my respects to the elders both past and present. This ceremony today is for the purpose of acknowledging the appointments to the Fair Work Commission of Deputy President Boyce and Deputy President Cross. I welcome the families of the Deputy Presidents, the speakers at the Bar table and all the other guests present.

PN2

I will now ask Senator Sinodinos, who is representing the Minister, to address the Commission first.

PN3

SENATOR SINODINOS: If the Commission so pleases. And let me say this is the first speech I've given in a long time where I'm not attacking anybody, I'm actually praising.

PN4

May I say good afternoon to members of the Fair Work Commission, the representatives of industry, unions, and the legal profession, and a particular welcome and acknowledgement to Deputy Presidents Gerard Boyce and Bryce Cross and members of their respective families on this very important occasion.

PN5

I appear today representing the Australian Government and the Minister for Jobs and Industrial Relations, the Honourable Kelly O'Dwyer. Kelly apologises that due to cabinet commitments she is unable to be with us.

PN6

The appointments of Deputy Presidents Boyce and Cross will contribute to the vital role that the Fair Work Commission plays in ensuring that our workplace relations system operates in a fair and transparent manner promoting cooperate and productive Australian workplaces. The appointees bring an impressive breadth of knowledge, qualifications and experience in workplace relations to the Fair Work Commission.

PN7

Deputy President Boyce has more than 20 years' experience in workplace relations and employment law. Over the last 10 years he has provided advice to clients in a number of industries including aged care, hospitality, aviation and building and construction about their workplace rights and obligations under relevant legislation. He has represented clients in proceedings encompassing freedom of association, industrial action, enterprise bargaining, rights of entry, underpayment of claims, general protections, and unfair dismissal. His knowledge of issues facing clients in the workplace relations environment will stand him in excellent stead as a Deputy President of the Commission. Anyone who knows Deputy President Boyce will attest to his excellent communication and research skills and strong attention to detail.

PN8

Deputy President Cross has more than 30 years' experience in workplace relations. His principal areas of practice are employment, industrial law, equity, and human rights and discrimination. From early beginnings in the late 1980s as an industrial officer Bryce has honed his craft in all aspects of employment and industrial matters and provided high quality advice on numerous commercial transactions and on the drafting and interpretation of contracts. He has represented employers, employees, and the Commonwealth in the Federal Court of Australia, the Federal Circuit Court, the Supreme Court of New South Wales, the Fair Work Commission, the Industrial Relations Commission of New South Wales. He has also recently acted for several unions. Deputy President Cross's considerable experience and skills will serve him well in his role as a Deputy President of the Commission.

PN9

Deputy President Boyce, you have been a barrister at Frederick Jordan Chambers since 2006. You have been recognised as a leading counsel in New South Wales in employment, industrial relations and workplace safety matters in Doyle's Guide. You co-authored both the Employment Law Guide and the Employment Contract Precedent Suite for those asked to act or advise in relation to the employment relationship. The guide included commentary from you on employment rights and obligations, how to enforce those rights and obligations, and initiating or defending claims made in relation to them. The suite contained commentary from you in relation to employment contracts and precedents.

PN10

Prior to becoming a barrister you were a special projects consultant on legislative changes. You worked mainly in the building/construction industry assisting in the implementation of recently passed legislation. From 2004 to 2006 as state manager, New South Wales at Australian Mines and Metals Association you provided advice to large mining and building/construction industry clients on workplace relations and employment law. During this time you successfully negotiated collective and individual workplace agreements and other common law employment contracts.

PN11

As industrial relations manager of the New South Wales chapter of the National Electrical and Communications Association between 2000 and 2004 you helped educate member organisations about their rights and obligations and from 1996 to 2000 whilst still in your 20s you were workplace relations manager with the then Aged Care Association of Australia, New South Wales, now known as Leading Aged Services Association. You hold a Diploma in Law from the University of Sydney, Legal Practitioners Admission Board, and a Bachelor of Arts majoring in industrial relations and government, also from the University of Sydney. Your appointment commenced on 14 January 2019.

PN12

Deputy President Cross, you were called to the Bar in 1997. Since then you have been with Frederick Jordan Chambers. You are a member of the New South Wales Bar Association. You were admitted as a solicitor in the Supreme Court of New South Wales in 1991. You have consistently been acknowledged in Doyle's Guide as a leading counsel in the areas of employment and industrial law.

PN13

In the early 1990s prior to being called to the Bar you gained considerable experience as an industrial advocate and corporate head solicitor of the Chamber of Manufacturers of New South Wales, Australian Business Limited, and as a solicitor at Corrs Chambers Westgarth. During this period you conducted major litigation on behalf of clients in industrial courts and tribunals, and from 1987 to 1991 you worked as an industrial officer for, first, the Australian Gas Light Company, then the Commonwealth Steamship Owners' Association, which I have some previous association with. My father was a merchant mariner, and these were among his employers. He was a lifelong member of the Seamen's Union of Australia, but don't hold that against me, and finally the New South Wales Nurses' Association. You hold a Bachelor of Law from the University of Technology, Sydney and a Bachelor of Arts from the University of New South Wales. Your appointment commenced on 1 February 2019.

PN14

Under previous Federal industrial relations legislation Commissioners were either appointed as conciliation Commissioners or arbitration Commissioners. However, that distinction has long since gone and members are now appointed to perform the full range of Fair Work Commission functions. Both new Deputy Presidents bring career long experience in workplace relations issues significantly experience at a practical workplace level and in dealing with high level complex legal issues. This combination of experience will be very valuable to the community who are served by the work of this tribunal. And we must remember that workplace relations relates to a large part of many people's lives and its significance extends to the performance of businesses and the whole economy. The balance and fairness of the system depends on the integrity and skills of members of the tribunal. Both new Deputy Presidents are noted for these attributes and will make an important contribution to the work of the tribunal for years to come.

PN15

There's a great responsibility that is thrust upon members of the Commission. If they are to discharge their responsibilities effectively, of course, they require the goodwill, the understanding, and the cooperation of parties, employers, employees and their representatives. And to the extent that it becomes involved, of course, the government. I trust that the same goodwill, understanding and cooperation will be forthcoming from all concerned to you both as new members of the Fair Work Commission.

PN16

Deputy Presidents Boyce and Cross, on behalf of the Australian Government, congratulations on your appointments, and we offer you goodwill, understanding and the cooperation of the government and the community. And on a personal note and on behalf of the government I wish both of you well in the discharge of your responsibilities in this important role. May it please the Commission.

PN17

VICE PRESIDENT HATCHER: Thank you, Senator. Mr Izzo from ABI on behalf of the employer organisations.

PN18

MR IZZO: May the Commission please, before commencing I wish to acknowledge the traditional owners of the land on which we meet today, their elders past and present.

PN19

I have been asked by the Australian Chamber of Commerce as well as ABI to speak at today's ceremonial sitting. In my exchanges with the Australian Chamber the question arose about why we actually have these ceremonial sittings. I'm not sure if there's a law report somewhere which prescribes about why we have them to give us the official answer, and perhaps to an outsider it might appear unique or a little odd that we all sit down together to discuss the arrival of the two new members. Certainly the reason we have them is not because of the quality of the biscuits afterwards or the refreshments, although they are sometimes of a very high standard. To me, and I speak for the Australian Chamber as well on this point, these ceremonial sittings are significant because they acknowledge some very important matters. The first of these is that they acknowledge the careers, colleagues and passions that the new members leave behind when they join the Commission. More importantly, however, we're acknowledging the significant role the new members are about to take on on behalf of the whole community.

PN20

There are significant levels of trust and responsibility being placed in these two Deputy Presidents whose individual decisions will impact upon the lives of individual employees and a range of small, medium and large employers. The oaths taken by these Deputy Presidents underline the significance of the role they will perform and the weighty duties they must now discharge.

PN21

Finally, these ceremonial sittings provide a welcome opportunity for those that I represent to recognise the importance of the independent workplace tribunal itself. The Commission is responsible for independently setting, monitoring and maintaining the working conditions of over 12,500,000 Australians. This is no small task. The Commission's heritage dates back to 1904, some 115 years. Together with its predecessors the Commission has helped forge the society we have today and the working and living standards of all Australians.

PN22

As we reflect on the close of this decade many might perceive modern Australia as entering a space where the public has become more polarised on a number of social and business issues where disinformation is more and more prevalent and where building consensus at a political level is next to impossible. In this context the Commission's role as an independent umpire free from political interference and the fickle whims of the latest sexy media headline becomes even more important. So it is in this setting that I now turn specifically to Deputy Presidents Boyce and Cross.

PN23

Deputy Presidents, our firm's CEO told me that you're both children of the heyday of the New South Wales industrial relations system. These comments were made to me with this type of subliminal inference that pre-2006 there was really only one industrial relation system in the country and it was in New South Wales. As a lawyer who started practice in mid-05 I really can't speak with any authority about the status of New South Wales industrial relations compared with other states prior to 06, and I am slightly curious why this is still coming up in 2019, but what I can say is that as practitioners of the late 80s/early 90s era your early days of practice were at the forefront of the development of Australian workplace relations. With the establishment of new wage fixing principles, including the restructuring and efficiency principle, and the introduction of enterprise bargaining.

PN24

Deputy President Cross, it is with pride that I can note that you spent these early days at the Chamber of Manufacturers of New South Wales, which is now known as the New South Wales Business Chamber, and which is the parent of the firm at which I work, Australian Business Lawyers.

PN25

Deputy President Boyce, your early days saw you working in industrial roles for the Mines and Metals Association and National, Electrical and Communications Association and ultimately becoming the state manager of the Mines and Metals Association in New South Wales.

PN26

So again it's fair to say that you both were raised in the cauldron that is IR. For more than a decade, and I believe it's more than two decades in the case of Deputy President Cross, you have honed your skills at the New South Wales Bar, practising with specialist expertise in workplace relations. The quality of the legal and advocacy services you both provided have always been highly regarded in both legal and industrial circles. With respect to Deputy President Cross, I know colleagues at my office regularly had you on speed dial, Deputy President, to assist employers in some particularly painful litigations.

PN27

Very public appointments inevitably attract a whirlwind of political noise, and the Commission is no exception to this. What I can say emphatically are two things: (1) as our society becomes more diverse, more polarised, more fixated on the latest headline than the substance behind the story, and, finally, more exposed to significant shifts in the way we work, it is vital that we have a highly capable, diligent, independent and impartial industrial relations umpire; (2) any objective observer would absolutely acknowledge that both of your appointments will reinforce the Commission's ability to maintain these vital attributes and accordingly your appointments are wholeheartedly deserved. Your experience and conduct over many years, in fact decades, demonstrates that you understand the importance of business being efficient and productive whilst at the same time ensuring employees are fairly treated and appropriately recompensed for their work.

PN28

Deputy Presidents Boyce and Cross, welcome and congratulations to you and your families on behalf of the Australian Chamber and its members as well as my own firm and all the employer parties that will appear before you, may it please.

PN29

VICE PRESIDENT HATCHER: Thank you, Mr Izzo. Now, Ms Keys from the ACTU on behalf of the union movement.

PN30

MS KEYS: If it pleases the Commission, members of the Commission, guests and families of the new appointees and those joining us in the public gallery, I'd like to start by acknowledging the traditional owners of the land on which we meet today, the Gadigal People of the Eora Nation. Like this institution we appear before today the traditional owners and custodians of this land have and continue to play an integral role in the shaping of our nation, and I acknowledge them for this role and I acknowledge their elders past and present.

PN31

It is my honourable duty to acknowledge Deputy President Boyce and Deputy President Cross and congratulate them on their appointment to the Commission on behalf of the Australian Council of Trade Unions. It is evident by your experience with your extensive careers in industrial relations and the law that you will contribute earnestly to this institution, an institution over a century old and one that has been integral in shaping and forming what is the social fabric of our great nation. Indeed you have joined a unique Australian institution, one which continues to maintain our longstanding system of industrial relations but also one by its critical role in balancing the interests of business and unions, employers and workers is unique in that it shapes the very health of our nation.

PN32

Industrial relations is foundational to the success of our economy and the very dignity and security and success of every working Australian and their families. And because of this unique role none of us, regardless of where we owe allegiance or who we represent, can deny the importance of the role of the Commission the solemn duties of our Commission members and the intrinsic understanding we all have in that we know when employers and workers all benefit from fair employment conditions and productive relationships we know that workplaces where workers are treated with respect and dignity are the ones that flourish in our economy and therefore the ones that have the most prolific impact on the lives of working people, on our economy, our society, and our country.

PN33

Deputy Presidents Boyce and Cross, on behalf of the Australian Council of Trade Unions I congratulate you on your appointment to this august body and I wish you all the best in the discharges of your duties. May it please the Commission.

PN34

VICE PRESIDENT HATCHER: Thank you, Ms Keys. Ms Nomchong of Senior Counsel on behalf of the New South Wales Bar Association.

PN35

MS NOMCHONG: Thank you. If the Commission pleases, I also would like to pay my respects to the traditional owners of the land on which we meet, the Gadigal People of the Eora Nation. As we engage in our own legal practices and traditions within this space may we acknowledge and pay respect to the traditional laws embedded forever within the Aboriginal custodianship of our country.

PN36

These occasions are, as Mr Izzo has said, important to recognise the role of the Commission in its various functions, and in particular the manner in which equity and fairness is sought to be achieved through the appointment of members of this Commission with relevant expertise in all aspects of industrial relations and law.

PN37

I have been asked today to represent the New South Wales Bar Association and today present is also the chair of the industrial committee of the New South Wales Bar Association, Mr Bruce Hodgkinson SC. And on behalf of the New South Wales Bar Association it is my pleasure to welcome two such experienced members who are entirely appropriate appointments as Deputy Presidents and who each bring to the Commission enormous experience from their respective practices.

PN38

The other speakers today have spoken at length about your legal education, qualifications and, unlike most barristers and because I'm not being paid, I'm not going to go over all of the same ground. I intend only to make a short contribution today focusing on your careers and reputations at the Bar.

PN39

Deputy President Boyce, your speciality in industrial relations spans about 25 years. You've been admitted to the Supreme Court, the Federal Court, and the High Court. You were called to the Bar in 2006 where you established a busy industrial law practice with specialities in discrimination law, commercial law and restraint of trade. You regularly appeared both in the Federal and State jurisdictions in industrial relations and at the Bar your reputation was based on your careful, detailed approach to your work and for being confident without being arrogant. You are known to be hardworking, you are insistent when the circumstances warrant it, and you demonstrate resilience under pressure by being seemingly unflappable. I'm told that after you left some negotiations a prominent union secretary remarked to the person left behind to continue the talks, "Gerard was like a knife, you're just a spoon". It was thought to be as much as a compliment to you, Deputy President, as it was an insult to the person left behind.

PN40

In additional to your advocacy work you are author of a number of legal publications which have already been mentioned but, Deputy President Boyce, your achievements and contributions to the Bar and the high regard in which you've been held by your peers and clients should come as no surprise to your fellow members of the Commission. In this journey you've been supported by your wife, Donna, your children, Max, Scarlett and Jesse, and I acknowledge their presence here today, and the New South Wales Bar wishes you every success in your appointment.

PN41

Deputy President Cross, your entry into law was about 30 years ago and we keep hearing how you've got double the amount of time as Deputy President Boyce has, but your advocacy skills were honed as an industrial officer for three different organisations. You worked as a solicitor for Corrs Chambers Westgarth before joining the Chamber of Manufacturers and an industrial advocate and a corporate head solicitor for several years.

PN42

Your call to the Bar in 1997 established a solid practice in employment and industrial law attracting recognition as a leading junior counsel in the area. You also practised in equity and human rights law including discrimination in the workplace. I note that your uncurated list of select cases on your previous website numbered about 60 but you no longer need that level of self-promotion, you've got to where you want to go.

PN43

Deputy President Cross, at the Bar you represented employers, employees, unions, the Commonwealth across various jurisdictions in a large number of courts. At the Bar you were wholly admired by all who worked with you and against you. Your reputation at the Bar as an excellent industrial lawyer is wholly deserved. Not only do you have an enormous intellect, you are affable, open and inclusive. You never talk down to anyone, you're always courteous and respectful with your opponents and even with the Bench. Most importantly we all know you as a completely straight shooter, not contrived and never disingenuous. For all of these reasons as well as your cheeky sense of humour you are well liked.

PN44

Deputy President Cross, I acknowledge the support of your family, your sons, Hugh and Wylie, and your fiancée, Milena. The industrial Bar is sorry to lose you both, we really are, but we're confident that these same highly regarded traits that you displayed at the Bar will be displayed on the Bench, and on behalf of the New South Wales Bar and personally may I wish you both every success for your appointment in this esteemed Commission.

PN45

VICE PRESIDENT HATCHER: Thank you. I'll now invite Deputy President Boyce to respond.

PN46

DEPUTY PRESIDENT BOYCE: Thank you, Vice President Hatcher, the Honourable Senator Sinodinos, fellow members of the Commission, members of the Bar, members of the legal fraternity, my family and friends, ladies and gentlemen. Thank you to Senator Sinodinos, Ms Keys, Ms Nomchong and Mr Izzo for your kind words and largely factual accounts.

PN47

May I start by congratulating Deputy President Cross on his appointment. I briefed Bryce when I first started in industrial relations. I was proud to join him at Frederick Jordan Chambers in 2006, and I know he's a very much missed member of the Industrial Bar and I am pleased to now be working alongside him at the Commission.

PN48

I'm honoured to receive this appointment and privileged to be able to serve alongside all of my colleagues. Those colleagues that I know, I greatly admire and respect them. They've always been courteous, respectful and a pleasure to appear before even where they have failed to accept my excellent submissions. For those that I do not yet know I'm sure I'll come to know you in the same regard.

PN49

Both Commission members and Commission staff have been very warm and welcoming since my commencement. I particularly thank Robin Godfrey, Anita Pendlebury and my Associate, Joshua Handley, for their courteousness and professionalism and making my transition to the Commission so seamless.

PN50

Each member of the Commission comes to the role with their own life experiences, so I thought it appropriate to tell you about some of mine. Success in my life has come about, not only from my persistence and hard work, but also the good fortune to have been raised in a stable, loving and supportive home. Although my parents, Paul and Nanette Boyce, cannot be here today I acknowledge and thank them for all their contributions, help and assistance in my life and in the lives of their four grandchildren, Jasmine, Max, Scarlett and Jesse.

PN51

I am the oldest of three siblings. I have today here my brother, Nicholas and my sister, Alexandria. I'm also grateful that my parents-in-law, Charles and Yvonne, are here to support and mark this occasion. I thank them both for their assistance and support they have provided over the years which they still provide to my wife, Donna, and our three children.

PN52

I am blessed to have three children, my son, Max (10), my daughter Scarlett (8), and my son, Jesse (6). Donna and I are very proud of just how well they are turning out. They are very talented little people in their own different ways and Donna and I will do our best to ensure they remain happy and achieve their goals in life.

PN53

I was born in Alice Springs. I have lived in Darwin, Cairns, Brisbane, Sydney, Canberra and Adelaide and Perth. My parents and I survived Cycle Tracy in a backyard standalone double brick dunny. Every other structure in the street was decimated by the cyclone but our little brick dunny was unmarked as were we. My father was the manager of Darwin Airport for TAA, now Qantas, at the time and we were placed on the first plane out during the eye of the cyclone. My father stayed around and assisted in the evacuation and was awarded the British Empire medal by the Queen for his service.

PN54

I was schooled mainly in Brisbane at St Joseph's College, Nudgee, and Canberra St Edmund's College. In Brisbane I was at boarding school from years eight to 10. Catholic mass and sport were both held twice daily. There were 80 beds in a single dormitory, food was mainly inedible, there were no mosquito nets, air-conditioning or fans. Daily assembly would take place in an open quadrangle. There were no hats and slip, slop, slap was unheard of. In summer many students would pass out from sun stroke, however the daily assembly would occur the next day in the same fashion. Discipline included detention and/or the use of a cane, strap, cricket wicket or cricket bat. Procedural fairness did not exist, you get what you get and you don't get upset. Bullying and fighting occurred regularly but it was rarely considered an issue warranting intervention. Despite all of this I now look back upon this schooling experience favourably. It matured me very quickly emotionally and gave me an immediate sense of independence beyond my years.

PN55

My first job was a runner for the local milkman in year 11 in Canberra. In two-and-a-half hours between 4 am and 6.30 am five days a week we would deliver milk to nearly every house in Isaacs and O'Malley, rain, hail or shine on and off the milk truck up and down driveways, pockets full of loose change and dogs lying in wait to pounce. At least once a fortnight you would slip on a wet driveway and end up with all the bark taken off a leg or two or a giant bruise on your backside. Payment for the morning was $8 and a two litre bottle of Chocolate Moove. I can't say it was the most enjoyable experience but it was a job and that was the most important thing in year 11. There were plenty of other takers if I wanted to throw in the towel. I still think I have a good out of time back-pay claim against this milkman if I can ever track him down.

PN56

I later worked at Big W in Woden, first as a nightshift stacker, and then I became promoted to the toy section. The job was good in terms of opening remote control toys and driving them around. The job was bad in terms of mopping up kids' vomit.

PN57

I left home at 17 and worked in full-time employment ever since even whilst undertaking full-time studies. My parents were well off enough not to enable me to be qualified for government assistance but not well off enough to financially support me. One of those situations where those families who pay the most tax get nothing back because of means testing.

PN58

I started off working at night at the Hilton Hotel in various bars including the George Adams, America's Cup Bar, Henry the 9th Bar, Marble Bar and Juliana's Nightclub. I also worked during the day at the bars, at the racecourses, football stadiums, cricket grounds and the Coogee Bay Hotel. After a few years I worked out that I was on the wrong side of the bar, it being better to drink at the bar than serve drinks at it.

PN59

After I left the bar scene I worked as a nightshift cabin cleaner for Qantas for the remainder of my undergraduate degree. We would clean international and domestic planes that terminated at Sydney airport in the evening making them ready for their 6 am restart. I became team leader of nightshift working 11 pm to 7 am five days a week. I had the responsibility for cleaning cockpits, kitchen galleys, and using the sewage truck to empty the plane's sewer collection tanks. My girlfriend at the time, now my wife, worked at the duty free shop in the international terminal. I would sometimes meet her at 4.30 am before her shift started and take her for a spin in the sewer truck. To impress her upon my approach to the international terminal I would turn on the sewer truck's orange flashing lights. I pumped poo and wee and she sold perfume, the foundations of our romance could not have been stronger.

PN60

This weekend my wife and I will have been married for 18 years. Our anniversary dinners have become less and less like celebrations and more and more like yearly appraisals. I am starting to think I need a support person along to these dinners. My weekly stipend has not increased in years despite all of my productivity improvements around the house and the various increases in the alcohol and tobacco excises. My requests for leave have never been approved.

PN61

I became a solicitor in 2005 and went straight to the Bar in 2006. As you've heard I was an industrial advocate prior to going to the Bar. In all of my employer associations I was led by many great leaders, Sue Macree at LASA, which was the Aged Care Association, James Tinslay at NECA, and Steve Knott at AMMA. They each encouraged my development, supported my desire for learning and experience and stood by me when industrial disputes got ugly. I make particular mention of James Tinslay, whose unwavering support for my career has seen me achieve much success. We remain good friends today and have enjoyed many long lunches together.

PN62

My practice at the Bar was not exclusive. I worked across all courts and tribunals. I worked for plaintiffs, respondents, applicants, defendants, employers and employees. I read with Peter Newall at the Bar, until recently before his retirement Commissioner Newall of the Industrial Relations Commission, and also with Christopher Simpson SC, who practised mainly in Family Law. They were both superb tutors in the art of advocacy, life at and outside the Bar and dealing with challenging clients and judges. I worked with many great leaders at the Bar. I especially mention Peter Kite SC, now president of the Industrial Relations Commission of New South Wales, and Garry Hatcher SC. They both have expensive hobbies; Peter with his race horses and Garry with his boats. They both taught me a great deal about case strategy and the importance of good written submissions. They were always patient with the drafting of pleadings and the draft cross-examination questions I would come up with. They were always completely on their game when it came to turn up to court and it was an absolute privilege to work with both of them.

PN63

Of course I also worked with many outstanding solicitors at the Bar. Being a solicitor is no easy job. You not only have to know the law and court procedure but you also need to be able to manage frustrating pen pal opponents, unreasonable client expectations and unexpected legal cost escalations. In this regard I'd like to particularly acknowledge the following excellent solicitors, Athena Koelmeyer, Lisa Jemmeson, Tim McDonald, Kyle Kutasi, Jessica Fisher, Rob Kardosi, Steve D'Emilio, Matthew Robinson, Benjamin Gee and Rod Marshall.

PN64

To my colleagues at Frederick Jordan Chambers, I will certainly miss you. Chambers always ran seamlessly at the hands of my former clerks, Ellie and Gary, our receptionist Heather, our other support staff, Daniel, Tasha, James, our librarians, Leoni and Jamie, our IT guru, James. I'd also like to thank my part-time assistant, Rosemary, who many times turned my chaos of a room into order.

PN65

Saving the best for last, I would like to thank a most excellent legal manager and practitioner who has just made a stunning return to private practice after working for the Australian Government Solicitor for 16 years, and last year obtained an Australia Day Award for her role in running the Badgerys Creek Airport litigation for the Commonwealth. I refer of course to my wife, Donna. A friend and colleague of mine at the Bar to whom Donna briefed for the Badgerys Creek litigation said to me, "You know some solicitors who you brief are like Fords or Commodores or Audis or Volvos but being briefed by your wife is like being briefed by a Ferrari". I have no doubt he was referring to her legal skills.

PN66

At my wedding I referred to my wife as a good package. My view has not changed. She is both my biggest supporter and my biggest critic which keeps me very much in check with the important things in life. I certainly would not have achieved my success at the Bar if it was not for Donna. Most importantly for me at least is that Donna is the mother of my three children to whom she devotes all of her time and efforts in making them safe, well fed, well-educated and happy. I very much thank her for all that she is in our family.

PN67

Finally, the Commission is an institution created by law. It is not a partisan or political institution. Commission members do not sit on opposite sides of an aisle. They do not caucus in separate rooms. They are all part of the same team. I take all oaths seriously. In taking my oath at the Commission I intend to do not as I wish, but as I must. Thank you.

PN68

VICE PRESIDENT HATCHER: Thank you. Deputy President Cross?

PN69

DEPUTY PRESIDENT CROSS: Thank you. Thank you, Vice President Hatcher, and also Vice President Catanzariti. I acknowledge the attendance of Senator Sinodinos today on behalf of the Minister, and I thank him. And I think him for his kind words as swell as the kind words of Ms Keys and Mr Izzo, and particularly Ms Nomchong. I also acknowledge the traditional owners of the land upon which the Commission now stands and pay my respects to their elders, past, present and emerging.

PN70

As a somewhat misguided year 11 student my long-suffering parents, who have unfortunately both passed away, took me to a career guidance aptitude tester based in St Leonards. Questions were asked, punch cards were filled in, and I think there was even a bell curve made an appearance. One week later we returned for the verdict. It took that long back then. When we returned the tester proclaimed that he thought I would suit and enjoy a career as a barrister specialising in industrial relations. He was that specific. My parents and I thought he might have just neglected to read the brief because the supporting material had my most recent report cards which weren't indicating a trajectory like that. Nonetheless the seed was planted.

PN71

I completed my first degree specialising in industrial relations at the University of New South Wales receiving tutelage from such luminaries as John Niland and Braham Dabscheck who, for old timers like us, are remembered as people that were teaching us how to negotiate and how to settle disputes. I then studied law while working as an industrial officer, as you've heard, at Australian Gas Light Company, the New South Wales Nurses' Association and the Commonwealth Steamship Owners' Association. After working at the Commonwealth Steamship Owners I must say the Maritime Industry has taken a large part of my career resulting in my coming full circle or coming 180 degrees, I haven't worked out what it is, in that I have recently been representing some maritime unions, the Australian Institute of Marine and Power Engineers in particular, and I thank my friend Michael Bakhaazi for the opportunity. I've enjoyed it immensely.

PN72

Once qualified I worked as a solicitor for six years, as you've heard, primarily at the Chamber of Manufacturers of New South Wales, but my aim was always to go to the Bar to which I was called 22 years ago, and I note the presence of my pupil master, Stan Benson. It's great to see him here today. Whenever asked by a budding advocate whether they should go to the Bar or whether it's a good option for them, my advice is always yes, a resounding yes. I have enjoyed each and every year of my career at the Bar, and I've made enduring friendships on either side of the Bar table through that period of time. The combination at the Bar of independence and intellectual rigor is unsurpassed.

PN73

Now, while the collegiate nature of the Bar means so many help and guide you in your career I must mention Garry Hatcher SC as my colleague, Deputy President Boyce, has. Even as a solicitor I briefed Garry in the notable unfair contract proceedings of Husband and Walker, both when attempting to rebury Lazarus at first instance and on appeal, but it was when I went to the Bar that Garry's guiding influence upon me was most felt. I was very lucky to work with him on two very large disputes, the Davis and Joy Mining disputes in my second, third and fourth years at the Bar, and thereafter worked continuously with him even up until December of last year when unfortunately my appointment meant he had to go to Melbourne and I didn't. His door has always been wide open and his measured advice has always been of assistance. Happily he is very patient too. I have only ever seen him angry twice and only once with me.

PN74

Another great influence on my career, as with Deputy President Boyce, was Peter Newall, formerly Commissioner Newall of the State Commission. He's unfortunately not with us today because he's enjoying all the delights that are involved in singing in Blues joints in Osaka, Japan but I believe he's coming back soon. As my neighbour in Chambers for 15 years his friendship enlightened me and he has always proved to be a considered sounding board, that is of course unless he was briefed on the other side, which happened on too many occasions.

PN75

As to solicitors I was lucky to have a number of solicitors who briefed me so regularly that quite naturally friendship ensued. One in particular whom I must mention is Phillip Ryan of the Australian Hotels Association of New South Wales. Apparently 17 years ago I was the first barrister that he'd ever met. I think he's met a fair few since. But since that time we have worked together on numerous cases and I don't know if it says something about his members, but all the cases have been enjoyable and sometimes verging on humorous. But it was only with Phil and his team's tenacity that the relevant evidence could be gathered. Who else could follow the path of each and every of 130,000 chicken schnitzels over two-and-a-half years?

PN76

Finally, to the most important people, as noted previously my parents have passed away, and I would have dearly loved them to have been here today. But I would like to thank my sons, Wylie and Hugh and my fiancée Milena and her children, Yuval and Elad for their constant support. We're nothing without those who care for us. I would also like to thank my family, particularly my sister, who's travelled down from Queensland, although that's probably just for proof, as she knew all about the guidance councillor and the report cards. I also thank many of my friends who have come today and attended. Their support, particularly in recent years, has been nothing short of empowering.

PN77

I'm exceedingly proud to have been appointed as a member of this Commission. In my mind's eye I can think of numerous of my predecessors whose carriage, fairness and presence I've admired. I will do my utmost to uphold their legacy and provide efficient just and fair service to all of you who appear before me no matter what their level of experience. Thank you.

PN78

VICE PRESIDENT HATCHER: On behalf of all my colleagues, I'd like to congratulate Deputy President Boyce and Deputy President Cross on their appointments. I thank all those who have attended today, both those at the Bar table, and those who have come here as guests. I am told that everyone should now move down to level 12 where some light refreshments, I think that's a euphemism, will now be served, and we will now adjourn.

ADJOURNED INDEFINITELY [5.11 PM]