PN1

JUSTICE ROSS: Mr Wilson.

PN2

MR WILSON: Thank you very much. If the Commission pleases. Good morning, your Honour, members of the Fair Work Commission and representatives of industry, unions and the legal profession. I particularly welcome and acknowledge Deputy President Janine Young and members of her family on this happy and momentous occasion. The appointment of Deputy President Young will contribute to the vital role that the Fair Work Commission plays in ensuring that our workplace relations system operates in a fair, just and transparent manner promoting cooperative and productive Australian workplaces for the benefit of all.

PN3

Deputy President Young is an outstanding workplace relations practitioner. She has an in-depth knowledge and understanding of the regulatory framework of workplace relations in Australia. Her technical and analytical skills in particular will allow her to deal with complex legal issues in the challenging area of law. The Australian Government acknowledges the esteem with which Deputy President Young is held by those in the workplace relations profession, and is confident of the valuable contribution that she will make to the Commission now and into the future, and of course as the Member for Goldstein I'm sure as a constituent as well.

PN4

Deputy President Young with more than 20 years' experience in the field of workplace relations, you are eminently qualified for appointment as a new and senior member of the Commission. You graduated with a Bachelor of Laws with first class honours in 1995 from Deakin University. After being admitted in 1997 as a barrister and solicitor to the Supreme Court of Victoria you commenced as a workplace relations lawyer at Mallesons Stephen Jaques, now King & Wood Mallesons, where you worked as a solicitor and then senior associate until 2007.

PN5

In 2007 you joined Corrs Chambers Westgarth as a senior associate specialising in employment and labour law. You quickly rose through the ranks to become special counsel between 2009 and 2011, and then a partner from 2011, a position you held until just recently. You were recognised in 2018 as Doyle's Guide as a recommended solicitor practising within the areas of workplace and occupational health and safety matters in the Greater State of Victoria. You have also authored numerous articles and blogs including 'Workplace Bullying - Avoiding Claims and Getting your Culture Right', 'Withholding Bonuses not Bullying, More on Reasonable Management Action' and 'Australia the Changing World of Work: Is Flexibility the Way of the Future'.

PN6

In the course of your distinguished legal career you advised and represented many clients from the private sector, not for profit organisations, government instrumentalities, universities and the Victorian Government itself. Indeed in 2009/10 you served a period of secondment in a key industrial relations role in the Victorian Government advising Minister Cameron's office in relation to enterprise bargaining agreements for Victoria Police, the Metropolitan Fire and Emergency Services Board, the CFA and the provision of employment and industrial relations advice on a range of matters to Crown counsel.

PN7

The range of issues you have encountered has been very broad and it's frequently focused on the human element of employment disputes. You advised extensively on sexual harassment issues, anti-discrimination laws, occupational health and safety issues, misconduct investigations, major restructures, compliance issues and enterprise bargaining. There can be no doubt that these matters are of fundamental importance to our society and the acknowledged expertise that you bring on these issues will have an extremely valuable contribution to the work of the Tribunal.

PN8

I can say from my personal knowledge of the field of these matters that your expertise will be invaluable for the full range of matters that come before the Commission. Expert legal practitioners bring a dispassionate sensitive approach to complex issues and assist the parties to resolve matters in a fair and unemotive environment. They often need to see through the external appearances and interpret what is happening under the surface. In this regard you bring unique skills to the Tribunal.

PN9

According to research you are the only member of this Tribunal who has a Diploma of Diagnostic Radiography and who has hands-on experience working as a diagnostic radiographer and ultrasonographer in New Zealand, Australia and the United Kingdom. The insights you bring to this Tribunal do not only come from your career as a successful lawyer, practical work experience in a range of different workplaces is an important element of your stock‑in‑trade. Your appointment commenced on 11 March 2019 and the Australian community will be the beneficiaries of your service.

PN10

Deputy President Young, the integrity and calibre of those appointed to the Fair Work Commission must be high and they must show outstanding judgment in all areas. All concerned must demonstrate respect, goodwill, understanding and cooperation towards you as new member of the Fair Work Commission. Young DP, on behalf of the Commonwealth Government I congratulate you on your appointment. I convey the collective goodwill of the Parliament and understanding and cooperation and wish you will exercise of the responsibilities in your office. May it please the Commission.

PN11

JUSTICE ROSS: Thank you, Mr Wilson. Ms Lawrence?

PN12

MS LAWRENCE: If the Commission pleases. Your Honour, members of the Fair Work Commission, Deputy President Young and your family, friends and colleagues here today celebrating this important occasion, good morning. On behalf of the Australian Chamber of Commerce and Industry and our network of Chambers of Commerce and Industry associations throughout the country it is a great pleasure to welcome the appointment of Deputy President Young to the Fair Work Commission.

PN13

Deputy President Young, you come to your role with an extensive career and high standing in the field of workplace relations, most recently in your decade with Corrs Chambers Westgarth. You are well-known throughout our network as a highly knowledgeable, astute and dedicated lawyer with a proven track record of delivering technical, high quality legal advice, representation and outcomes. Your distinguished record of service extends to both public and private sector workplace matters. This includes acting as Deputy Director Industrial Relations at the Department of Justice in Victoria whilst on secondment from Corrs, as well as dealing with the highly sensitive Coronial Inquest into level crossing deaths at Kerang.

PN14

As a partner in a law firm and senior manager in government you bring extensive experience in management and administration to your new work at the Commission. As a leading workplace lawyer you bring a wealth of diverse experience to your new role. Before coming here today I also took the opportunity to speak to a number of your colleagues and in doing so it has become clear that you are a disciplined operator who brings technical regard to everything that you do.

PN15

You are also someone who has been frequently described not only as being technically brilliant but someone who is a generous and positive spirit who has been a role model to many. Deputy President, each member brings to the Commission not only their technical competencies and professional experience but also their life experiences and personal interests. You came to the legal profession as a second career having studied to be a radiographer the University of Otago, New Zealand, and working as a radiographer before turning to the legal profession.

PN16

Now I know whenever I've been to a radiographer they seem to be able to look at what appears to be random blurs on the screen and decipher what the issue is and the necessary remedy. We have no doubt that this skill will serve you well in your new role as Deputy President, as there will be times when a similar blur might come from this side of the bar table which you will need to decipher and interpret. Arbitrators derive melody and remedy from a blur of information every bit as much as radiographers.

PN17

After leaving radiography you were one of the first women to graduate from Deakin University Law School with first class honours. We're not completely sure of this but suspect you were the first Deputy President of the Commission to have studied at Deakin University. As my colleague, Mr Barklamb, mentioned at the last Melbourne ceremonial sitting, we now have more female Deputy Presidents than ever before, strengthening the Commission and its representativeness of the community in which it operates.

PN18

Your former colleagues also informed us that you're an avid reader of absolutely everything who enjoys adventure and travel. Perhaps some site visits to some of the industries you will work with will give you new and exotic travel experiences. Deputy President, each of us pursues our careers and opportunities based on the strong foundations we have outside the workplace and the other parts of our life that we bring to the table. We can see here today your family, friends and colleagues that are a testament to this.

PN19

Your daughters, Helena and Olivia are very proud of you today, not only for being appointed to such a significant role but also to see the regard and respect that you are held in by your professional peers. Deputy President, you bring a strong and interesting foundation to your new role. Your personal and professional qualities combined with your substantial experience speak volumes for the contribution you'll make to this Commission.

PN20

With contemporary Australian workplaces facing economic challenges as well as new opportunities in equal measure, the Australian Chamber and our members are confident that your diverse workplace relations experience will enable you to make a very positive, immediate and ongoing contribution to the work of this Commission. Young DP, we congratulate you on your appointment and wish you well. May it please the Commission.

PN21

JUSTICE ROSS: Thank you, Ms Lawrence. Ms Keys?

PN22

MS KEYS: If the Commission pleases. Members of the Commission, guests of the new appointee and all of those joining us today, I would like to start by acknowledging the traditional owners of the land on which we meet today, the Bunurong and Wurrung language groups of the greater Kulin nation. Like this institution that we appear before today, the traditional owners and custodians of this land have and continue to play an integral role in shaping our nation and I acknowledge them for this role and their elders past and present.

PN23

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

PN24

Industrial relations is foundational to the success of our economy and the very dignity, security and success of every Australian worker and their families. And because of this unique role none of us, regardless of where we owe our 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 that we all have in that we know that employers and workers all benefit from fair employment conditions and productive relationships.

PN25

We know that workplaces where workers are treated with respect and dignity are the ones that flourish and therefore the ones that have the most prolific impact on the lives of working people, our economy, our society and our country. Deputy President Young, on behalf of the Australian Council of Trade Unions I congratulate you on your appointment and wish you all the best in the discharge of your duties.

PN26

JUSTICE ROSS: Thank you, Ms Keys. Mr Pandya.

PN27

MR PANDYA: May it please the Commission, I appear on behalf of the Law Institute of Victoria and the solicitors of this state to welcome you, Janine Young, to the Fair Work Commission as Deputy President. We acknowledge the traditional owners of the land on which we gather and we pay our respects to their elders, past and present, and to any elders with us today. Deputy President Young, you bring to this role more than two decades of exemplary commitment as a workplace relations solicitor and employment and labour law specialist.

PN28

First at the former Mallesons Stephen Jaques and since 2007 with Corrs Chambers Westgarth as senior associate, then as partner four years later. Corrs' partner, Heidi Roberts, speaks of your invaluable contribution as a team member and a leader with dedication to high quality advice and a long-term strategic approach. Ms Roberts regards your involvement in an inquest into multiple level crossing deaths as epitomising a capacity to work closely with a client and to manage a team across sensitive issues equally important to the broader community.

PN29

Your excellent technical and analytical skills and ability to address complex litigation also contributed significantly to state departmental work and on secondments. For light relief, you climb peaks in Antarctica, trek to mountain gorillas in Africa and mush huskies in Iceland, a true Kiwi born adventure spirit. But nothing gives you greater joy than your daughters Olivia and Helena and of course the family hound, Tilly. They and our profession are proud of your appointment and wish you a long and successful new career. May it please the Commission.

PN30

JUSTICE ROSS: Thank you. Deputy President.

PN31

DEPUTY PRESIDENT YOUNG: Thank you, Justice Ross. Firstly I wish to acknowledge the traditional custodians of the land upon which we meet and I pay my respects to their elders, both past and present. Secondly I send my warmest, if somewhat belated, congratulations to the other new members whose appointment was also announced in December, Deputy Presidents Mansini, Lake, Boyce and Cross and Commissioner Yilmaz.

PN32

I thank the speakers this morning for their kind words of welcome for my appointment. Minister Wilson I particularly extend my thanks to you for your welcome and attendance this morning. I also thank the members of the Commission for their welcome and assistance since my commencement, and members of the Commission staff for their invaluable help over the last four weeks. It is an honour and a privilege to be appointed as a Deputy President to this Commission. This Commission is one of our nation’s oldest and most important institutions with a history that spans more than a decade.

PN33

Since its inception in 1904 it has played a significant role in the shaping of our nation's economy and its social and political history. It plays a vital role in ensuring our workplace relations system operates in a fair and transparent manner promoting cooperative and productive workplaces. I am cognisant of the responsibility this appointment places upon me as it does all members of the Commission, and the role that members of the Commission have in ensuring that the Commission remains relevant, independent and serves the public interest.

PN34

I undertake that I will exercise the powers and functions conferred on me by the Fair Work Act and discharge my duties under the Act independently, fairly, judiciously and in accordance with its objects. Throughout my career I have had the great good fortune to be assisted, guided and mentored by a number of exceptional practitioners whom I should like to acknowledge this morning. After completing my law degree I took articles at Mallesons Stephen Jaques, as it then was, with the firm intention of becoming a mergers and acquisitions lawyer.

PN35

However three months of sifting through due diligence material for 14 hours a day dispelled any such desire, and a further three months immersed in the world of convertible notes and other such riveting banking instruments left me questioning whether a career in the law was indeed really for me at all. However my next move to the workplace relations group at Mallesons reignited my passion for the law and set me upon a course as a labour lawyer.

PN36

In that team I had the enormous good fortune to work under the supervision of a number of extraordinary individuals, most particularly Bruce Moore, previously an associate to Joe Isaac DP of the Australian Conciliation and Arbitration Commission, and Keith Marks QC, a judge and also a Deputy President of the Australian Conciliation and Arbitration Commission. Not only were Bruce and Keith both exceptional intellects and gifted practitioners who were unfailingly patient with me and generous of their time and knowledge, they were also true gentlemen and delightful human beings. I am so grateful to have had the opportunity to have learnt from and be mentored by them.

PN37

The most pivotal point in my career though was my move as a senior associate to the workplace relations group at Corrs Chambers Westgarth. The partners in the workplace relations group at that time were his Honour Justice Ross, Deputy President Gostencnik and Professor Breen Creighton, not quite the divine trilogy but not too far removed. His Honour left Corrs soon after my arrival but I had the privilege of working for, learning from and being guided by Gostencnik DP and Professor Creighton for a number of years.

PN38

I am eternally grateful to Gostencnik DP for offering me employment and giving me the opportunity to work in the team at Corrs, notwithstanding his view that my suits were too outlandish and my heels too high for any labour lawyer who really wished to be taken seriously. Indeed my sartorial choices were the focus of many jokes in my early days at Corrs. I thank the Deputy President for leading all of the lawyers in the workplace team in a choreographed rendition of Saturday Night Fever outside my office on the day I wore a cream pants suit to work for the first time.

PN39

I also thank the Deputy President for sending me out to site to act in my first safety incident whilst wearing the very same suit. I can only assume it was the picture of sartorial elegance I cut as I picked my way across the construction site in my cream suit, heels, fluoro Hi‑vis vest and orange hard hat that caused the widening of my instructor's eyes and his temporary muteness upon my arrival at the site office. Jokes aside though I remain forever indebted to the Deputy President for taking me on at Corrs and allowing me the opportunity to learn from him, to be involved in work of the scope and complexity undertaken by him whilst he was there, and to have had the opportunity to work for and with such an exceptional and respected practitioner.

PN40

I also express my deepest thanks and gratitude to Professor Breen Creighton. Breen, you have had a profound influence on me. You exemplify all I consider a great lawyer ought to be, intellectually rigorous, legally excellent, deeply and widely knowledgeable, eloquent and a wordsmith of the first order, lateral thinking, meticulous, detailed and analytical, generous of your time and knowledge. I had the enormous good fortune to be first, your senior associate and then a little later your special counsel. I then had the enormous privilege of continuing to be able to seek your wise and learned counsel once I was a partner. I hope I have managed to emulate in some small part your excellence.

PN41

I still vividly remember the first piece of advice I prepared for you as a new Corrs senior associate. Your reputation for demanding much from your lawyers preceded you and I laboured long over the advice. I had been reliably informed that mark-ups in green pen were acceptable and indeed that no advice was ever returned sans green. But if the mark-ups progressed to red, a rethinking of one's career options may be prudent. Much to my relief the advice was returned with green markings only and the comment that I had been properly trained, despite you also noting that I had split an infinitive and that such a grammatical error was not to be repeated.

PN42

I was elated by your feedback. Whilst I lived in fear of the red pen and the possibility of further infinitives splitting themselves for some time, I am so much the better lawyer for your rigour and demand for excellence and I sincerely thank you for your guidance and mentorship. I am deeply grateful for the extraordinary privilege of having worked for and alongside you. I was made a partner at Corrs in 2011. To my fellow Corrs' partners I express my gratitude for allowing me to be one of you and for the opportunity to work alongside you.

PN43

Corrs is a great firm and its partners are a group of extraordinarily gifted and talented practitioners with enormous vision, passion and drive. It was a privilege to be amongst your number. I particularly thank my fellow Corrs employment and labour law partners, John Tuck and more recently Paul Burns. Paul, thank you for your support and assistance in the time we worked together. John, I have so very many things to thank you for. Your strategic thought, extraordinary vision and sound judgment are widely acknowledged.

PN44

There is no doubt that you are one of the country's leading labour lawyers and it has been an extraordinary privilege to be a partner alongside you. It is my good fortune that I have been the beneficiary of your superb intellect and sound judgment on many occasions. I thank you for your collegiality, your support and your guidance. Beyond that though I have also been the beneficiary of your friendship, compassion and humanity. I particularly thank you for your friendship and compassion when my beloved father died. Following closely as it did on other life-changing events, I have no doubt that I would not have weathered those storms without your support and compassion. Indeed I would not be here before you today without your support, guidance and friendship. I am deeply, deeply grateful and I thank you sincerely. To the Corrs employment and labour law team, it was a pleasure and a privilege to be one of your partners. Thank you. You're an extraordinary group of lawyers. Intelligent, hard‑working, dedicated, motivated and driven but above all you're a truly wonderful group of people.

PN45

Finally, I wish to thank and acknowledge my family and friends. I am today a very long way from the small town in the south of New Zealand where I was born and spent my childhood. I was privileged to have wonderful parents who provided me with a childhood full of love, support, encouragement, opportunity and choice. I was truly fortunate and I know that if it they were alive today they would be very proud. I am confident that they both knew how grateful I was and am for all that they gave me and how much I loved them and still do.

PN46

To my beautiful daughters Olivia and Helena - Helena is in the States today so unfortunately isn't here - you are both extraordinary young women and I am so incredibly proud of you both. I know you will both go on to do great things. I know that being just we three isn't always easy. I know that having a mother such as me isn't always easy. I know that at times the demands of work and the needs of clients have gone before you, but I also know that you are the most important things in my life and I love you more than I can say. Your patience, your understanding and your love and support mean the world.

PN47

JUSTICE ROSS: Thank you. Before we adjourn I'll invite the Deputy President to take the affirmation of office. The Deputy President has already taken the affirmation but I think it's important that this be done in this public forum because the affirmation represents our compact with the Australian community that we will each faithfully and impartially perform the duties of our office.

PN48

DEPUTY PRESIDENT YOUNG: I, Janine Young, do solemnly and sincerely promise and declare that I will bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors according to law, that I will well and truly serve her in the office of Deputy President of the Fair Work Commission and that I will faithfully and impartially perform the duties of the office.

PN49

JUSTICE ROSS: Thank you, we'll adjourn.

ADJOURNED INDEFINITELY [9.47 AM]