PN1

VICE PRESIDENT CATANZARITI: Good morning, and welcome to this ceremonial sitting. I acknowledge the traditional owners of the land upon which we meet; the Elders past, present and emerging. I acknowledge the apology from Paula Spencer C, who is away today. I welcome our distinguished guests speaking on behalf of the government, the employer, and the unions. Ms Sheehan.

PN2

MS SHEEHAN: If the Commission pleases. I acknowledge the Turrbal Nation, the traditional owners of the land on which we meet, and pay my respects to the Elders past and present. I would like to extend that respect to other Aboriginal or Torres Strait Islander people here today.

PN3

Good morning, Vice President, representatives of industry, the trade union movement, and the legal profession. I particularly welcome and acknowledge Theresa Deputy President Moltoni and members of her family on this significant and happy occasion.

PN4

I appear today representing the Australian Government and the Attorney General and Minister for Industrial Relations, Senator the Honourable Michaelia Cash. The Attorney General apologises that she is unable to be with us today to welcome Deputy President Moltoni.

PN5

The Fair Work Commission, like Fair Work Australia before it, is required to perform functions and exercise powers under the Fair Work Act 2009. The Fair Work Commission and its predecessors have played an important role in shaping Australia's industrial relations landscape for over 100 years. During this time the functions and remit of the institution have grown as a result of social, economic and legislative change.

PN6

Now that the national industrial relations legislation covers the majority of Australian workplaces, the decisions of this Commission have broad-ranging impact throughout the country. The appointment of Deputy President Moltoni will contribute to the vital role that the Fair Work Commission plays in ensuring that our industrial relations system operates in a fair and transparent manner, and promotes cooperative and productive workplaces.

PN7

Deputy President Moltoni, your appointment commenced on 21 February 2022. You have been appointed to perform the full range of Fair Work Commission functions. You bring to the Commission your considerable experience and knowledge of industrial relations issues. I acknowledge your services to industrial relations, recognised with your award of the Medal of the Order of Australia.

PN8

Your experience has been both at a practical workplace level, and in dealing with high-level complex legal issues. This will be very valuable to the community that is served by the work of this tribunal. The balance and fairness of the system depends on the integrity and skills of Members of the Tribunal. Deputy President Moltoni is noted for these attributes, and will no doubt make an important contribution to the work of the tribunal for years to come.

PN9

Great responsibility is placed on members of the Fair Work Commission. If they are to discharge their responsibilities effectively they require the goodwill, understanding and cooperation of parties, employers, employees, and their representatives. I trust that this will be forthcoming from all concerned to you as a new member of the Commission.

PN10

Deputy President Moltoni, on behalf of the Australian Government I congratulate you on your appointment. I convey our goodwill and wish you well in the exercise of the responsibilities of your office.

PN11

May it please the Commission.

PN12

VICE PRESIDENT CATANZARITI: Mr Knott.

PN13

MR KNOTT: Thank you, Vice President, Members of the Commission. If the Commission pleases. It gives me great pleasure today to attend this ceremonial sitting of Deputy President Moltoni on behalf of the Australian Chamber of Commerce and Industry, and also as chief executive of Australian Resources and Energy employer association area.

PN14

Clearly appointments to important institutions such as the Fair Work Commission, whose work, as Anne pointed out, is critical to Australian business, the economy, and the wellbeing of millions of citizens should be high-calibre appointees. Having known and worked with Deputy President Moltoni for some considerable time now, I can personally attest that Theresa meets and exceeds this high benchmark.

PN15

Theresa, you bring more than 25 years of professional experience and dedication to this role, having tirelessly worked as a business manager, people leader, entrepreneur, legal practitioner across multiple industry sectors. Underneath the Oxford Dictionary definition of 'overachiever' they may well find a smiling picture of Theresa Moltoni, such is the wide array of business and legal achievements to your name.

PN16

Not normally would I go through all of these, but on behalf of the Australian Chamber of Commerce and Industry, I've been directed that I have to. They are quite extensive, so please bear with me.

PN17

As first referenced, you do bring many years of experience to this role as a business manager. You worked for four years as a IR/HR director, and then CEO of WorkPac, one of AREEA's member companies that today provides high-paid employment for more than 12,000 people in the mining and resources sector. Your experience leading such a large business in this highly competitive and innovative industry will be of exceptional value to the Fair Work Commission.

PN18

You also spent four years as the global head of human resources for Super Retail Group, one of Brisbane's family business success stories, and today a top listed ASX-listed retailer. In this role you held critically influential executive leadership positions within a national business that was growing, diversifying, and acquiring assets at a rapid pace.

PN19

You further bring 11 years' experience with one of Australia's iconic brands in Telstra, including as Queensland's state human resources manager. With all this expertise it was no surprise that you came to the attention of people that were looking for high quality people on appointments to various boards.

PN20

Your directorship roles include both business leadership and philanthropic endeavours. On the former you have helped steer the direction of Australia's largest superannuation fund, Australian Super, as a member of its Queensland advisory board. Prior to that you were a director at Sun Super.

PN21

Where I had a little bit more to deal with you through the ACCI network was when you became President of the Australian - the Queensland Chamber of Commerce and Industry for three years, and a non-executive director for four years. You also became the second female president in 118 years of the Brisbane Club, which ranks in the top hundred clubs of the world, where you served seven years on the Brisbane Club board.

PN22

In philanthropy you contributed over three years of your time as a board director of the PA Research Foundation, which supports ground-breaking medical research, including the discovery of the world's first cancer vaccine; improved patient care; and ultimately saving lives.

PN23

This was news to me: almost 10 years ago you founded Dancing CEOs, a fantastic corporate fundraising initiative supporting Women's Legal Service Queensland in its mission to help women and children suffering or at risk of domestic and family violence. Theresa, you've clearly managed extremely effectively to balance your talents for business, people leadership, community interest, and your personal passions.

PN24

That brings us to the area - from your professional vocation that brings us here today, and that is industrial relations and employment law. Amongst your impressive career highlights, you spent three years as the regional manager at Queensland's former Office of Employment Advocate.

PN25

Nine years later, after many of those corporate roles that I referenced before, you then decided to found a Brisbane consultancy firm, IRIQ - and some of your former colleagues I notice are here today - with the focus of providing highly practical industrial relations advice to business of all shapes and sizes.

PN26

In these years not only did you build this business from the ground up, employing and mentoring a talented team, you also brought about some innovative tools and practices, including training initiatives and balloting processes, which takes up a lot of time at this tribunal from time to time; but you also, importantly, managed highly complex industrial relations issues, and you were in quite high regard.

PN27

In 2017 IRIQ became an incorporated legal practice, and you expanded your services to include employment law, commercial litigations, human rights, anti-discrimination, and much more. The founding or IRIQ law coincided with the completement of your legal qualifications and admission to the Supreme Court of Queensland in May 2017; later to the High Court of Australia in January 2018; and in addition, a post-law graduate certificate in litigation through the College of Law, almost completing your Masters.

PN28

This will be quite an achievement for anyone, particularly coming later in life, but it is especially impressive in your case, given the time pressures of running a successful business, and various other causes and interests that you have.

PN29

As has been referenced, you were publicly recognised for your contribution to industrial relations in 2016 Queen's Birthday honours, being awarded an OAM, Order of Australia medal. This rare honour may have been enough for some, and indicated that you had already achieved so much in your career; but for you this recognition only seemed to add fuel to your passion to further your career; and the admission to law and founding the legal firm was a natural next step for you.

PN30

It has also been noted that your passion and love for this area of workplace relations and industrial relations, you wanted to share with other like-minded individuals. In 2012 you founded the well respected Workplace Relations Interest Group at the Brisbane Club, an interest group you chaired until your appointment to this Commission.

PN31

I can personally attest to the fact that I was invited along to speak at that forum a couple of times, and the last one, the lady that spoke there, that talked about the 22 people that were connected to the Brisbane Club that lost their lives in the Great War. It was quite a moving address.

PN32

You chaired the Australian Chamber of Commerce and Industry workplace relations policy council for over two years, and during that time a lot of people attend those forums, but it takes special people to lean forward and provide leadership and get all the necessary research required to develop submissions and policy for businesses, and you are that person.

PN33

The ACCI policy committee people have asked me to give you a virtual hug, and all the members within the ACCI network, for the time and the passion and the support that you provided them over many years.

PN34

You also worked with government and unions on the implementation of the Human Rights Commission's Respect at Work recommendations as a member of the tripartite steering committee. In this role you combined your passions for best practice business management, support for gender bias objections to ensure workplace sexual harassment could be prevented and dealt with practically and effectively in all Australian businesses.

PN35

You also participated as a member of the Australian delegation at the United Nations annual ILO convention, including a review of the ILO's work to support collective bargaining and social dialogue.

PN36

I will conclude my remarks here, referencing one of the most challenging tasks for most people, balancing work and life and family responsibilities. I notice some of your family members are here today. Being the mother of three children and a grandmother to one, Deputy President, all you have achieved in your career to date, and with this latest appointment, you are not only an inspiration to your children and all working mothers who feel they can strive to follow their passions and reach their ambitions as they try to be across family, work, and all those community initiatives that you've been involved in.

PN37

Congratulations on your achievements to date, Deputy President Moltoni. Once again you tick every box that we could think of: the requirement to serve with equity, merit of the case, good conscious, you will absolutely to that in spades, and I have absolutely no doubt you will have an outstanding career with the federal industrial umpire.

PN38

If the Commission pleases.

PN39

VICE PRESIDENT CATANZARITI: Mr Borg.

PN40

MR BORG: Thank you. And may it please the Commission, I appear on behalf of the Queensland Council of Unions and the Australian Council of Trade Unions as well.

PN41

Before I get into my remarks, your Honour, I would like to make some acknowledgements. Firstly I would like to acknowledge of course the sovereign owners of the land on which we meet today; pay my respect to their Elders past, present and emerging; noting also the importance of ceremony for their communities, as well as for ours, including today, which is of course an important occasion. This is, was, and always will be Aboriginal land, of course.

PN42

I would also like to acknowledge the Members of the Fair Work Commission, as well as the Queensland Industrial Relations Commission who are present here today; other representatives from the labour movement, as well as from industry, and those of your Honour's family, friends and guests who are here this morning. I do understand also that if she has made it, I do understand that the Honorary Consul of the Republic of Malta is here today, which is a great honour, of course.

PN43

Your Honour, I have been given the pleasure of congratulating you on the behalf of the Queensland Council of Unions and the ACTU on your appointment to this important Commission, whose proper function is so critical to the lives of working women, men, and others of course.

PN44

The Fair Work Commission is required to perform its functions and exercise its powers under the Fair Work Act in particular in a manner that is just and fair, and open and transparent, and in a way that promotes harmonious and cooperative workplace relationships. We wish you every success in discharging those functions and in those matters. The Fair Work Commission was created in the spirit of an independent industrial umpire, a notion that goes to the very heart of the ethic of a fair go.

PN45

Your Honour, the Queensland Council of Unions acknowledges your commitment to industrial relations here in Queensland in particular, whether in your capacity as working for industry, or indeed working collaboratively with the labour movement on matters of public policy, or for that matter on matters of superannuation, including through the Sun Super board in particular. Your reputation, your Honour, does indeed precede you.

PN46

On a personal level, whilst it has been serendipitous that I am here today of course, but it is actually very fitting because there is one thing that you and I do both share. Whilst we have been on opposite sides of the bar table, we of course do share that Maltese heritage that I've already referred to. Your family being from the port town of Marsa, an industrial working class area on the outskirts of the capital Valletta. I too have family from Marsa, including my late grandmother, aunts, uncles and cousins who later migrated to New York; a story, as you might guess.

PN47

You have gone from such ostensibly humble origins to now hold the position of a Deputy President of the Fair Work Commission is a testament to your ambition, your service, your drive, and indeed your talents; that you're a woman and a migrant are indeed a testament to these things also, as you've had to no doubt overcome the extra hurdles that are presented to you throughout your working life, and you ought to be very proud of yourself for your accomplishments, of courses.

PN48

But I also raise a Maltese heritage, as it is of course of some significance to the Australian industrial relations history; from early seafaring and cane cutting in Central Queensland when Maltese migrants worked alongside Pacific Islanders who were brought to this country against their will to cut cane over 100 years ago; to more modern-day workers, such as waterside workers and construction workers, indeed of course some of the victims and survivors of the Westgate Bridge collapse in Melbourne, you would know, were also Maltese, as well as of other migrant backgrounds.

PN49

Maltese workers, like workers of other migrant and indigenous backgrounds, have an integral part of the working class that has enriched this country through generations of toil and sacrifice, and in pursuit of a fair go, and I do believe that you embody those principles. It is my hope, respectfully, your Honour, and of course I do have absolute confidence in you, that you will honour that of course in the discharge of your role as a Fair Work Deputy President.

PN50

If I may, I'm going to speak in a language other than English, and I will provide a written transcript for the associate later on so that you can be certain that I haven't committed any kind of transgression before this Commission:

PN51

Nixtieq nieħu din l-opportunità biex nifraħlek ta’ dan ir-rwol ġdid bħala Deputat President u nawguralek kull suċċes.

PN52

So what I've just said is that:

PN53

I would like to take this opportunity to congratulate you about your new role as Deputy President and wish to you every success.

PN54

Had I known you were here, Vice President, I might have chucked something in dialetto as well.

PN55

Your Honour, I've always enjoyed your gloves-off advocacy, and even on the receiving end of that. But certainly my dealings with you, whenever we've done our jobs and we've come away, and you've always conducted yourself with great courtesy, grace, and also respect, even when we have disagreed fundamentally on matters, which is only normal.

PN56

Congratulations once again, and may it please.

PN57

VICE PRESIDENT CATANZARITI: Deputy President.

PN58

DEPUTY PRESIDENT MOLTONI: Thank you, Catanzariti VP. Good morning, everyone. I would firstly like to acknowledge the traditional custodians of the land upon which we meet and pay my respects to Elders past, present and emerging. I acknowledge my fellow Members here today; members of the State Commission who are in the audience; my family, my friends, my former colleagues, and the Honorary Consul for Malta, who is also in attendance today.

PN59

I would like to thank Ms Sheehan, here on behalf of the Australian Government; Mr Knott, CEO of the Australian Resources and Energy Employer Association, here on behalf of the Australian Chamber of Commerce and Industry; and Mr Borg, here on behalf of the Australian Council of Trade Unions, for their kind and generous words.

PN60

It is a great privilege to be appointed to this institution, and I thank the Minister and the Government for the confidence that they have shown in me to make such an appointment. It is rare to have an opportunity to make a statement of appreciation for your family in a professional context, and I acknowledge and thank my two beautiful sons, Ryan and Matthew; my mother and father; my fiancée Dean, who are all here today.

PN61

My father emigrated to Australia from Malta as a young child, and my mother emigrated from the United Kingdom as a teenager. They both taught me the importance of working hard, albeit they have urged me over the years to have more work-life balance. They made financial sacrifices in order to send me to a private girls' Catholic school, and they instilled in me the confidence and belief that I could achieve anything I set my mind to, and for that I am truly grateful because I firmly believe the most important thing that you can give your child is confidence in themselves, and my parents gave that gift to me in spades.

PN62

It was this that carried me through studying full-time for my law degree in my 40s while managing a national firm, parenting small children, and sitting on a number of boards with varying levels of demand. It was a great honour to practise as a lawyer, and I treasured my principal practising certificate after all that intense period of complex time management.

PN63

My entire career to date has involved the world of employment. From a young intern with Telstra, or Telecom as it was at the time, working in HR, and over and over time in business and in law I have had the opportunity to see the world of work from many different perspectives.

PN64

My work at the United Nations gave me an insight into how lucky we are in our country, compared to many others in the world; it also opened my eyes to the importance and universal acceptance of a tripartite system in the world of work.

PN65

My work in the business world gave me an insight into the challenges encountered, the risks taken, and the self-sacrifice made by business owners to create a better future for themselves, their families, and their employees.

PN66

My work representing employees in many jurisdictions gave me an insight into how it feels not to be justly treated, despite giving your best efforts to your job and to your employer, and feeling helpless to do anything about it.

PN67

The opportunities I have been given to make a difference in the world of work has taught me that a childhood mixed with coming from a working class family growing up in Western Sydney, and being a country girl finishing high school in the Northern Rivers of New South Wales are no impediment to what you can achieve.

PN68

Through being on the reference group on the National Inquiry into Sexual Harassment in Australian Workplaces, part of the Australian delegation to the ILC at the UN in Geneva for two successive years, chairing the workplace relations policy committee for ACCI, serving on the executive of the IR Society of Queensland, as President of the Queensland Chamber of Commerce and Industry, President of the Brisbane Club, and many other opportunities, I am humbled to have been able to contribute in such ways.

PN69

My career journey has been touched by many shining lights. I'm sure I will miss a few, so please forgive me if I have missed you, but Judy Childs, Anne Crowley and Marcia Gough from Telecom and Telstra; Bob Thorne, Peter Birtles and Nick Binns from the Super Retail Group; Nunzia Confessore, Rona McLean-Carmody, Spencer C, who passed on her apologies earlier, Asbury DP, Roslyn McLennan C, and Judith Himstedt; to my many mentors and to those whom I've admired in my legal career, Matthew Williams, Chris Murdoch QC, Mike Coonan, Andrew Herbert, Kara Best, Stephen Roach, Stuart Wood QC, Ian Latham, John Merrell, and many others.

PN70

I have also been touched by the team I worked with at IRIQ Law, the firm I founded and poured my heart into over many years, representing both employers and employees; working alongside and sharing a journey of mutual growth with many talented people such as Faiyaz Devjee, Francesca Musumeci, Richard Diqer, Peter Ryan and Luke Gilliland.

PN71

I have also been touched by the team at the Australian Chamber of Commerce: James Pearson, Scott Barklamb, Steve Knott, Alana Matheson, now Commissioner, Ingrid Fraser, and Tamsin Lawrence. I want to thank the Commission Members and staff who have been supportive and helpful during my first few months here. It has been greatly appreciated.

PN72

Again it is indeed a great honour to be appointed to the Fair Work Commission as a presidential member. I am honoured by the kind words that have been spoken today, and I am ready to utilise the skills, knowledge and experience gathered over my long career to honour the affirmation I made when I was sworn in by the Honourable Chief Justice Catherine Holmes on 21 February this year.

PN73

I thank you all sincerely for your attendance.

PN74

VICE PRESIDENT CATANZARITI: The Commission wishes you every future success in your role as a Deputy President. That concludes the ceremonial sitting.

ADJOURNED INDEFINITELY [9.29 AM]