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JUSTICE ROSS: Good morning. I would like to begin by acknowledging the traditional custodians of the land on which we gather today, and to pay my respects to their elders, past and present. I extend that respect to Aboriginal and Torres Strait Islander peoples here today.

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The ceremony today is for the purpose of acknowledging the appointment to the Commission of Commissioners O'Neill and Mirabella. I welcome the Commissioners’ families, friends, the speakers at the Bar table and all of our other guests present both here today and online.

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I now invite the representative of the Minister to address the Commission first.

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MR HEHIR: If the Commission pleases, I too acknowledge the Wurundjeri of the Kulin, the traditional owners of the land on which we meet, and pay my respect to their elders, past and present. I would also extend that respect to other Aboriginal and Torres Strait Islander people who may be with us today.

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Good morning, your Honour. Representatives of the industry, the trade union movement and the legal profession are particularly welcome and acknowledge Commissioner Bernadette O'Neill and Commissioner Sophie Mirabella, and members of their family on this significant and happy occasion. 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 Commissioner O'Neill and Commissioner Mirabella.

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The Fair Work Commission, like Fair Work Australia before it, is required to perform functions and exercise powers under the Fair Work Act 2009. Fair Work Australia was the successor to the Australian Industrial Relations Commission and before it, the Australian Conciliation & Arbitration Commission and the Commonwealth Conciliation & Arbitration Commission. The Fair Work Commission and its predecessors have played an important role in shaping Australia's industrial relations landscape for over one hundred years.

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During this time the functions and remit of this institution have grown as a result of social, economic and legislative change. 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 appointments of Commissioner O'Neill and Commissioner Mirabella 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

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co-operative and productive Australian workplaces.

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Commissioner O'Neill and Commissioner Mirabella, you have been appointed to perform the full range of Fair Work Commission functions. Commissioner O'Neill, your appointment commenced on 6 April 2021. You bring to the Commission your considerable experience and knowledge of industrial relations issues both at a practical workplace level and as General Manager of this Commission where you have for many years assisted the President to ensure that the Fair Work Commission discharges its statutory functions and powers.

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The Attorney General has applauded your dedication and commitment to the important work of the Fair Work Commission and is confident you will undertake your new role as a Commissioner with equal diligence and enthusiasm.

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Commissioner Mirabella, your appointment commenced yesterday, 24 May 2021. You bring extensive experience in workplace relations issues from your service during four terms in the House of Representatives where you served on the House of Representatives' standing Committee on Employment and Workplace Relations and as a Shadow Parliamentary Secretary and Shadow Minister, among other roles. No doubt you often dealt with the workplace concerns of workers and businesses in your electorate. This experience along with your experience in law and business, including dealing with high level, complex legal issues will be very valuable to the community that is served by the work of this Tribunal.

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Commissioner O'Neill and Commissioner Mirabella, the balance and fairness of the system depends on the integrity and skills of the Tribunal. You are both noted for these attributes and will no doubt make an important contribution to the work of the Tribunal for years to come. Great responsibilities are placed on Members of the Fair Work Commission. If they are to discharge their responsibilities effectively, they require the goodwill, understanding and co-operation of parties, employers, employees and their representatives. I trust that this will be forthcoming from all concerned to you as new members of the Commission. Commissioner O'Neill and Commissioner Mirabella, on behalf of the Australian Government I congratulate you on your appointments. I convey our goodwill and wish you well in the exercise of the responsibilities of your office. May it please the Commission.

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JUSTICE ROSS: Thank you, Mr Hehir. Ms Lawrence.

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MS LAWRENCE: Thank you, your Honour. Members of the Commission, if the Commission pleases, it is of great pleasure I welcome the appointments of both Commissioner O'Neill and Commissioner Mirabella here today on behalf of the Australian Chamber of Commerce & Industry and the wider employer community, and congratulate you both on your appointments. The Commissioner is responsible for independently setting, monitoring and maintaining the working conditions of over 13 million Australians. This is no small task.

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And so it is through the trust and responsibility it places in those who serve as its independent umpires who make decisions which impact upon the lives of individual employees and employers, small, medium and large that is able to help forge the society we have today. It is in this setting that I now turn specifically to Commissioners O'Neill and Mirabella.

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Commissioner O'Neill, you assume this office with substantial experience in workplace relations as Assistant National Secretary at the LHMU, now the UWU, in legal practice at Maurice Blackburn and in a number of senior management and leadership roles in both the Victorian and Federal Government. In this regard the Fair Work Commission is, of course, not an institution that is new to you with your role of General Manager spanning over nine years as one of the longest serving General Managers or Registrars in more recent history.

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This role saw you not only endure change but drive it with your colleagues describing your approach as one of coming to work every day with the mindset of improving the Commission, and the deep passion for providing the Australian community with the best services the Commission could. It has also been said of you that your commitment to the Australian community knows no bounds and was central to that way that you administered the Commission as General Manager. This will undoubtedly assist you in the discharge of your duties and the Australian Chamber of Commerce & Industry wishes you well in your new role.

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Commissioner Mirabella, you come to the Commission with an array of unparalleled diversity of experiences and as someone who can truly be said knows the workplace from the ground up. Having been raised by parents who worked on the factory floor, to putting yourself through law school and going on to not only work as a barrister, but serve in parliament and finally in your role working in private business. The variety of your experiences which you bring to the Commission are without a doubt extensive. However there is one particular key strength you bring to the Commission which warrants particular emphasis. You joined the Commission with a true understanding and appreciation for what it means and the sacrifices it often takes for someone to take a risk, back themselves and run a small business in this country.

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The daughter of Greek, post war migrant parents who put their heads down and worked hard in factories for over two decades in order to make life better for themselves and their children by saving enough to buy a milk bar in South Melbourne, the type of iconic, humble Australian business that is so often the heart of a local community. It is clear that you clearly learnt the value of hard work and entrepreneurial spirit, working after school and on the weekends behind the milk bar counter from age twelve. The Commission will no doubt be strengthened by not only your experiences but your understanding and true appreciation of not only what it takes to run a small business but the challenges they face and the vital role that employees pay in determining their success.

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Before coming here today I also took the opportunity to speak to some of your current and former colleagues and in doing so it is clear that you possess many attributes which will serve you well in your new role, including that you are a highly intelligent, loyal, hardworking person with a strong sense of personal civic duty. As you in fact stated at an interview with MammaMia back in 2013 titled, Mum vs. Life, your career mantra has always been to contribute to the law of our country. Of course, the Commission is somewhat of a different institution to some that you have worked in the past. Yet it shares the common objective of working to apply the rule of law for the betterment of Australians.

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In speaking to some of your former colleagues I was also told about some of your lesser known interests and hobbies. I am told that you have a passion for Greek Easter, classic movies and renovating period homes, the last of which no doubt has helped to hone your skills of patience and problem solving that will serve you well and your new role of Commissioner as there will undoubtedly be times when you may need these skills to decipher and interpret what may come from this side of the Bar table.

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Finally, it is abundantly clear that through all your successes in your career you have always remained an extremely dedicated mother, wife and daughter. I therefore have no doubt that your colleagues, friends, family, including your daughters and husband, Greg, both here and watching online must be incredibly proud of you today. On behalf of the Australian Chamber of Commerce & Industry I congratulate you on your appointment. Commissioners, on some dimensions you appear very different appointees, bringing to the Commission vastly different careers, qualifications and strengths. But in both researching and speaking to your peers it is clear that you both bring a fierce determination to your work and to getting the best outcomes for those you have worked for and represent with accuracy and voracity.

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Finally, it should not go without note that following the current tranche of appointments, 18 out of the 45 Members of the Commission will now be women, a new high water mark in terms of raw numbers. It must be said that well qualified, successful women from diverse backgrounds are contributing their strengths and capacities to this institution in greater numbers than ever before and will be at the heart of ensuring that the Commission is able to deal with the demands of both today and tomorrow.

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Commissioners O'Neill and Mirabella, welcome and congratulations again to you and your families on behalf of the Australian Chamber of Commerce & Industry, our members and all employer parties that will appear before you. We wish you both well in the discharge of your duties in this institute. May it please the Commission.

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JUSTICE ROSS: Thank you, Ms Lawrence. Mr O'Brien.

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MR O'BRIEN: Thank you, your Honour. If the Commission pleases, Members of the Commission, Commissioners O'Neill, Commissioners Mirabella, your families and friends and all of those joining us today, I would like to start by acknowledging the traditional owners of the land on which we meet, the Wurundjeri People of the Kulin Nation. Like the institution that we appear before today the traditional owners and custodians of this land continue to play an integral role in shaping our nation and I acknowledge them for this role, and their elders, past and present.

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On behalf of the Australian Council of Trade Unions, our affiliates and the working women and men of this nation it is my honourable duty to acknowledge Commissioners O'Neill and Mirabella and congratulate them on their appointments. It is hard to imagine a period in Australia's history where our public institutions have been tested such as they have been this past year. The overwhelming majority of ordinary Australians will never walk through the doors of this institution but the decisions made here impact us all directly and profoundly. And whilst the challenges that face the Fair Work Commission of today differ greatly from those of the past they are no less significant in terms of impact and shaping our society.

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Commissioner O'Neill comes to this role with the deep understanding of the impact of the institution on people's lives. In fact few come to this Commission with such substantial and significant experience. Commissioner O'Neill has worked in industrial relations for 18 years as a representative of working people in the Liquor, Hospitality & Miscellaneous Workers Union, as a lawyer in private practice, and more recently in roles as a senior executive in government. She brings legal, management and government expertise to the role of Commissioner.

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Her experience as a representative fighting for improvements to the wages and conditions of hospitality workers, and later as an advocate for workers across a wider range of industries not only adds to her qualifications for this role but will offer great value and insight to this institution. Her former colleagues and comrades describe her as a dedicated and polished advocate, and a good and decent person. Having devoted much of her working life to the industrial relations system we know her experience, knowledge and integrity will be of great benefit to the Fair Work Commission and the Australian community.

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Commissioner Mirabella, the ACTU welcomes you to the Commission and trusts your experience as a lawyer, Member of Parliament, Public Policy Fellow and Government Relations Professional will stand you in good stead in this place. Your experience in these roles, in particular as a member of parliament, has no doubt given you a great appreciation for the impact that your decisions and the decisions of institutions such as these have on individuals, communities and societies. Many millions look to this place for fairness and we trust that you will bring your considerable experience in ensuring that they are not disappointed.

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The last eighteen months has shown us how important and precious is the trust that we in Australia have between people and the institutions that govern them. The Fair Work Commission played its part in guiding Australia through the health and economic threat posed by the global pandemic. This trust in our public institutions is built over decades and decades. Integrity and independence is essential to that public trust and we look forward to both the new Commissioners bringing their experience to their decision-making and continuing to nurture and safeguard that public trust. We wish you both well in your new roles and look forward to you strengthening that trust. Thank you.

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JUSTICE ROSS: Thank you, Mr O'Brien. I'll invite Commissioner O'Neill to respond.

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COMMISSIONER O'NEILL: Thank you, Mr Hehir, Ms Lawrence and Mr O'Brien for your kind welcome and generous remarks. I have been lucky enough to work in industrial relations since my twenties. And I started at the Vehicle Builders Union in a project that involved bringing union delegates off the floor to work together, paired with experts to deal with the reduction of tariffs under the Button car plan. And this experience has stuck with me, not just from a sense of nostalgia but the lasting impression it created of constructive engagement between unions and employers focussing on their shared interests rather than their differences, and the value of involving workers in problem solving and change.

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As the project wound up the late Mark Georgiou managed to convince the National Secretary that I should be kept on as an Industrial Officer, and Mark succeeded in convincing him that notwithstanding the obvious defect that I didn't shave under my arms, I might nevertheless still be capable of doing the job. That turned out pretty well and when he was appointed a Commissioner I had the great pleasure of continuing to work with Wayne Blair as his Associate.

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From the beginning of my career the Commission has played a really central and precious role. Having an independent, fair and expert Tribunal to help resolve disputes and be a forum to advocate for improved wages and conditions was invaluable. And this was never more so than when I moved from the vehicle industry which enjoyed relatively high levels of union membership and collective strength, to representing some of the lowest paid workers in the hospitality industry at the then LHMU.

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My time in legal practice was also incredibly rewarding and I am so deeply grateful to all those that I worked with at Maurice Blackburn including Josh Bornstein, the former Deputy President, Anne Gooley, and Andrea Lester. When I started my articles it was just after the waterfront dispute and the practice was incredibly busy. So as a result, I relied on several members of the Bar who were unfailingly generous with their time in answering my many, many dumb questions. And for example, it was not uncommon for me to ring Herman Borenstein SC several times a day, and he never once said that he was too busy to talk. And he never told me the answer. Rather, he would walk me through a process that might take close to an hour, until I would arrive at something close to the answer myself. I am greatly indebted to Herman and many, many others at the Bar.

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Joining the Public Service initially in Victoria in 2004 and learning how the legal and policy sausage-making process works, opened my eyes to the extraordinary work of public servants and ministers and gave me an incredible opportunity to work with and learn from some terrific people such as Tim, now Commissioner, Lee.

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From the day I started at the Commission in 2009, initially heading up the Unfair Dismissals Branch and then as General Manager, through to my appointment as Commissioner I have been in awe of the dedication and commitment of the people who make up the Commission. To all the members and staff, my exec team and my assistant, Jo-Anne Gibbon in particular, I am so thankful for your support, kindness and generosity.

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Working with Justice Ross to improve access and fairness for everyone who comes into contact with the Commission, starting with the Future Directions Program back in 2012, has been an incredible privilege and joy. I am so honoured to be appointed to the Commission and in my new role I promise to do my best to continue to advance those goals and to treat every person with fairness, respect and with dignity. That's what my life and career to date has taught me.

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To my mum, who will watch this from New Zealand, and my dad who passed away some years ago, I owe everything. They instilled in me the values of hard work, compassion, standing up for what you believe in, and a tremendous sense of fun. To my broader family and close friends, some of whom are here today, who I love to absolute bits and are top class cheer squad, thank you. And to my husband, Michael, the love of my life, and a thoroughly good man who keeps me grounded and never loses sight of what matters and what doesn't, and always, always makes me laugh, thank you.

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JUSTICE ROSS: I'll now invite Commissioner O'Neill to take the affirmation of office. Both Commissioners have already taken the affirmation and oath but I think on an occasion like this it's important that they make that publicly. The oath and affirmation constitute a contract with the community that we serve, a contract that we will faithfully and impartially perform the duties of our office.

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COMMISSIONER O'NEILL: I, Bernadette Mary O'Neill, 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 and the Office of Commissioner of the Fair Work Commission and that I will faithfully and impartially perform the duties of the office.

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JUSTICE ROSS: All right. I'll now invite Commissioner Mirabella to respond.

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COMMISSIONER MIRABELLA: Thank you, Justice Ross, for your welcome in the short time that I have been here and previously. I acknowledge Mr Hehir, representing the Minister and thank Ms Lawrence from ACCI and Mr O'Brien from the ACTU for their generously kind words. You perform this function on a regular basis and your enthusiasm to continue to do so is commendable.

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To the numerous members who in a very short space of time have made me feel welcome, and the staff of the Commission who have made every effort to assist me in my preparation, I thank you - and I am acutely aware of the responsibility and the honour of being appointed a Member of the Commission and commit to exercising my authority fairly and impartially.

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To my colleague, Commissioner O'Neill, I congratulate you on your appointment. Treading different paths, we have reached the same destination and resilience is something that we both share. I extend my congratulations to other members whose appointments were also announced in April this year, Deputy President Easton and Commissioners yet to be sworn in, Phillip Ryan and Alana Matheson.

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In these COVID restricted times I am absolutely delighted to warmly welcome a small group of family and friends, several who have travelled from interstate, and together with others who couldn't be here today, some of whom are able to follow the proceedings on line, you have been stalwarts, always there to offer help, advice mostly taken, and support and I am eternally grateful for your kindness and commitment.

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My first chosen vocation was the law and the strong element that drew me to it was the knowledge that those applying it could greatly influence its meaning, and in the process affect people's lives, their freedoms and their fortunes. And it is to the law to which I have returned in recent years including working in the private sector. When I was called to the Bar in 1998 I was fortunate to read with the exacting Nunzio Lucarelli QC and I am so very pleased that he is here today. But the pull to be on the other side of the ledger to make laws proved too strong and for the better part of twelve years I had the responsibility and the privilege of serving in the Australian Parliament.

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As it happens, during that time there was a significant expansion of the Commonwealth’s jurisdiction in the area of industrial relations and substantive legislative change was initiated by both major political parties to varying success. The Commission has also seen change including of course in its past iterations and it will continue to evolve because it does have a pivotal role in the Australian economy and must be dynamic in responding to an ever changing environment. What will not change is the Commission's function as an independent arbiter impacting on the lives of workers across the country, business and economic prosperity of the nation.

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My first introduction to industrial relations was as a primary schooler at the dinner table where I would often listen to my father recount the events of the day as they unfolded at one of the numerous factories he worked during the heady days of industrial disputation, sometimes with a bit of biffo in the 1970s. Together with my mother he later operated milk bars and gave me my first job at the age of twelve. Are you listening girls? Unpaid, without representation or entitlements, I extracted remuneration on my own terms. A debt is owed to my parents - of a different generation and time, their self sacrifice for family was absolute and has made my journey possible.

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Today I'll be using a bible in Greek that I used to be sworn into parliament after the 2004 election, a short couple of weeks after my father passed away. It is a bible that my mother uses on a daily basis. I thank my husband for sustaining me during the challenges of life, for creating a home for our family and our girls who have given new meaning and depth to my life. On a concluding note, I trust my modest addition to art in this place in the form of a suitably sized portrait of Her Majesty will be uncontroversial. It will be a reminder of my solemn oath to faithfully and impartially carry out the duties of the office of Commissioner. And it will be my honour to do so. Thank you.

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JUSTICE ROSS: I'll now invite Commissioner Mirabella to take the Oath of Office.

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COMMISSIONER MIRABELLA: I, Sophie Mirabella, do swear that I will bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors according to law and I will well and truly serve her in the Office of Commissioner of the Fair Work Commission, and that I will faithfully and impartially perform the duties of Office, so help me God.

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JUSTICE ROSS: That concludes this morning's ceremony and we will now adjourn.

ADJOURNED INDEFINITELY [9.30 AM]