Fair Work Logo Merrill Logo

 

 

 

 

 

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                                    

 

JUSTICE ROSS, PRESIDENT
SENIOR DEPUTY PRESIDENT O'CALLAGHAN
DEPUTY PRESIDENT BINET
DEPUTY PRESIDENT GOSTENCNIK
DEPUTY PRESIDENT SAMS
COMMISSIONER WILLIAMS
COMMISSIONER CLOGHAN

 

 

 

CEREMONIAL SITTING OF THE FAIR WORK COMMISSION TO WELCOME DEPUTY PRESIDENT BINET

 

 

 

Speakers:

MR ADRIAN BREEN, REPRESENTING THE MINISTER

MS DEIDRE WILLMOTT, FOR ACCI

MS MERIDITH HAMMAT, FOR ACTU

MR ALAIN MUSIKANTH, LAW SOCIETY OF WA

 

 

 

 

 

Perth

 

8.37 AM, MONDAY, 22 FEBRUARY 2016


PN1          

JUSTICE ROSS:  Minister.

PN2          

MR A BREEN:  Good morning, Mr President and members of the Fair Work Commission, and the representatives from industry, trade union movement and the legal profession who are with us here today.  I also welcome and acknowledge Binet DP and your family who are with us today as well.

PN3          

The Australian government, on whose behalf I speak today, is very pleased to take part in these proceedings.  The Minister for Employment, Senator the Honourable Michaelia Cash is unfortunately unable to be here today, but I wish to pass on her congratulations to you, Deputy President.

PN4          

The Fair Work Commission as Australia's National Workplace Relations Tribunal is an esteemed institution in this country with a history of over 100 years and which now covers the majority of workplaces in Australia.  This institution and its predecessors have an extremely important function in this country and have presided over some of the most significant decisions to have shaped the nation's industrial landscape.

PN5          

It remains closely interwoven in the industrial fabric of Australia and as the national economy changes, it will continue to play an important part in shaping the workplace relations framework into the future.  The Fair Work Commission's guiding principles reflect its important heritage, equity, good conscience and the merits of the matter.  It is required to exercise its powers and perform its functions under the Fair Work Act 2009 in a manner that is fair and just, open and transparent and that promotes harmonious and cooperative workplace relations.

PN6          

Deputy President, as a new and senior member of the Commission, I know you are highly qualified to undertake this task.  You graduated with a degree of Bachelor of Economics in 1989, followed by the degree of Bachelor of Law in 1993, both from the University of Western Australia.  Since that time, you have dedicated your professional life with distinction to a great range of aspects of employment and workplace relations matters.

PN7          

You rose rapidly through the ranks in private practice with Freehills and Clayton Utz before establishing a boutique multidisciplinary practice Gregor and Binet Pty Ltd in 2007.  There appears to be no matter of employment and workplace relations in which you do not have experience and expertise at the highest level.  These contributions include the activities of advocacy, advice, investigations, training, practice and project management in the fields of industrial relations, human resources and safety.

PN8          

Your ability to complete major and sensitive projects at work, to undertake every aspect of legal professional activity and to demonstrate exemplary professional leadership should be an inspiration to others who may seek to follow a similar path.  I know the people of Western Australia have benefited from your singular contributions, just as the Fair Work Commission will benefit in future.

PN9          

The high regard and esteem in which you are held is reflected in your appointment as President of the Industrial Relations Society in Western Australia and President of the Australian Labour and Employment Relations Association.

PN10        

Among other roles, you are also one of just 16 people serving on the Executive Committee of the International Labour and Employment Relations Association as the Asia Pacific representative.  The calibre of women and men appointed to the Fair Work Commission must be high and they must show good judgment.  The Australian government is confident that you will perform your duties as a Deputy President of the Fair Work Commission fairly, impartially and effectively.  Your addition to the Fair Work Commission will only further enhance the important work performed by this honourable institution.  Congratulations.

PN11        

MS D WILLMOTT:  If the Commission pleases, it is a great pleasure to welcome the appointment of Binet DP to the Fair Work Commission on behalf of the Australian Chamber of Commerce and Industry and our members.  Binet DP, we acknowledge the standing you have obtained in the field of workplace relations as developed over the course of your career practising employment law at Freehills and then later Clayton Utz and later in your own boutique legal practice, Gregor and Binet.

PN12        

You come to the Commission as a highly regarded senior practitioner with extensive experience in employment and industrial law.  A former client has told how you provided a differing perspective to issues and would discuss options in order to ensure that what was being provided was what we wanted and that is was accomplished in the best possible way.  This person says you were extremely helpful in delivering their project, at times under some difficult and frustrating circumstances with the ultimate goal of achieving a workable outcome.

PN13        

They added that your approach is one of true collaboration and instilling growth in the individuals with whom you interact, and I quote:

PN14        

She is a good listener, an excellent sounding board, well‑informed, experienced, intelligent, sincere, warm and engaging, and always available.

PN15        

High praise, indeed.

PN16        

You come with experience in all manner of workplace relations matters, including employment law, industrial strategy, workplace inquiries and mediation.  You have regularly appeared as counsel in various state and federal courts and tribunals dealing with employment matters.

PN17        

While it is described by some as "the dismal science", you also have a degree in Economics and may even be required to draw upon this knowledge too.  Your appointment comes at a time when the balance in the profile of matters before the Commission has changed, shifting from collective disputes to more individual rights-based disputes.  Your experience will stand you in good stead.

PN18        

Judge Lucev, now of the Federal Circuit Court, worked with you at Freehills.  He notes that you always sought to know more; not to question in an insubordinate way, but rather in an intellectual way, and I quote:

PN19        

She wants to know.  She questions because she wants to understand.  She is keen to think through ideas.

PN20        

Those who appear before you should take note.

PN21        

You have had an outstanding legal mind, even from your days as a student at the University of Western Australia where you completed your Bachelor of Economics and later a Bachelor of Laws.  As a final-year law student, you drafted the 30,000-word text of the original WA Industrial Law section of the revered Halsbury's Laws of Australia.

PN22        

But after graduating, I understand that your career had a slightly rocky start.  I am told that your first appearance as an advocate was before a Full Bench on a demarcation matter.  It was, indeed, unusual for a first appearance to be a Full Bench matter and I understood that when you rose to question your first witness, your very first question received an objection and as you have described it, it felt like your career was about to be over before it even began.

PN23        

You have thrived in a profession dominated by men.  At Freehills, I understand you represented the Freemasons for a claim arising from the termination of their general manager.  When you arrived at their headquarters, you were informed that you would not be able to enter the boardroom as no woman had ever entered the boardroom, but you took the obstacle in your stride, persuading your client to allow you to be the first woman to enter their board room.

PN24        

As Judge Lucev tells it:

PN25        

Melanie is willing to break down barriers to push though.

PN26        

He goes on to note that,

PN27        

She has a broad understanding of the human condition and will have no difficulty with impartiality in her role.

PN28        

The legal profession owes you a debt of gratitude.  Your are currently Secretary of the Australian Labour and Employment Relations Association and have been an active participant in the Australian Human Resources Institute, the WA Employees Relations Committee and the IR Society of WA.

PN29        

Your activities go beyond our shores.  Last year you were elected to represent the Asia Pacific on the World Governing Committee of the International Labour and Employment Relations Association.

PN30        

On this very special day for you, it is also appropriate to acknowledge the support that you have received from your family.  Their support has helped you in your successful career and also as the mother of five boys, and it is delightful to have Jonty, Cullen and Quinn here to celebrate with you today.  We should also acknowledge that two more boys have sadly left this life.

PN31        

Deputy President, your origins and experience from Western Australia will serve you well.  It is a state with a rich resources history.  It has also undergone and continues to experience dynamic change and evolution, with contemporary Australian workplaces facing economic challenges and new opportunities in equal measure.

PN32        

The Australian Chamber and our members are confident your experience will enable you to make a very positive contribution to the work of the Commission.  We congratulate you and wish you well, if the Commission pleases.

PN33        

MS M HAMMAT:  Members of the Commission, Binet DP, your family, other invited guests, it's a great pleasure for me to rise today on behalf of Unions WA and the Australian Council of Trade Unions to welcome you, Binet DP, to this very Australian institution, the Fair Work Commission.

PN34        

Congratulations and welcome.  You have joined a unique Australian institution that continues to uphold a longstanding Australian system of workplace and industrial relations.  It is a system that balances the unilateral power of management with the right of employees to utilise collective bargaining and to access an independent and impartial umpire when circumstances require it.  It's an industrial relations system that has always recognised that work and work relations are not just part of our economic story, but that work is also part of the story of our society and the story of our community as well.

PN35        

It's an industrial relations system that at its heart recognises that Australian workplaces should not just be productive but they should also be fair.  Our history has demonstrated the merit of having a third party who is able to intervene in the employment relationship in the interests of fairness, equity and efficiency when circumstances require it.

PN36        

This approach has been good for the economy, has contributed significantly to improving living standards for workers and their families and it has ensured a degree of economic equity across our nation.

PN37        

Deputy President, you are joining this Commission at a time of great change, not just in the Western Australian economy, not just in our industrial relations system.  We have already seen significant change in industrial relations over the last 20 years and for those of us in the room who think about the employment relationship for the future, we understand that the next 10 year or so will bring a whole range of new challenges, not just for the Commission to face, but for regulators and for the practitioners of the Industrial Relations in this country as work is changed, as the employment relationship is challenged and is redefined and disrupted.  During these difficult years, it will be vital that, as a country, our institutions have access to the best minds to guide us through these challenging and difficult times.

PN38        

Deputy President, we have heard much this morning about your long and esteemed career, but you are also well-known for your involvement and commitment to the profession and to Industrial Relations generally.  You are known not just as a practitioner but one who has a keen interest in advancing our collective understanding of industrial relations and the law, and you've had a very active involvement in professional bodies throughout your career.

PN39        

I think your qualifications, your long experience and your attributes will well qualify you for this role, not just today but into the future as we collectively meet the challenges that we face as an economy and as a society.  So on half of the trade union movement, can I welcome you to your appointment.  I am confident that as long as this institution remains committed to being guided by equity, good accountants on the merits of the matters before it, that you will make a valuable and substantial contribution to preserving and promoting fairness in our workplaces and productivity as well.  If it pleases the Commission.

PN40        

MR A MUSIKANTH:  If it pleases the Commission, it is my pleasure my morning to welcome Binet DP to the Fair Work Commission on behalf of the Law Council of Australia, the Law Society of Western Australia and the legal profession.

PN41        

Deputy President, your appointment marks a new phase in the lengthy and distinguished career in employment law and industrial relations.  The Law Society congratulates both you and your family on this significant achievement.  I've also been asked by the President of the Law Council of Australia, Mr Stuart Clark AM to extend his personal congratulations and best wishes to you on your appointment.

PN42        

Previous speakers have already recounted your education and career and acknowledged your achievements, so I therefore do not intend repeating what they have said.  There is, however, one thing in particular which I would like to emphasise.  It is the fact that you have, for your entire career, been a member of the Law Society of Western Australia.

PN43        

Indeed, you became a member of the society in 1994, the year prior to your admission as a practitioner.  Over the past 22 years, you have not contented yourself in being a mere spectator.  On the contrary, you have been a highly valued contributor to the work of the society over many years.  You have served the society on its Bullying in the Profession Committee between 2008 and 2011.

PN44        

You have also made an important contribution to the society's continuing professional development program, including speaking at many of its seminars.  Perhaps, most significantly, you have for some 15 years served as a member of the society's Employee Relations Committee, joining the committee in 2001 and becoming its Deputy Convenor five years later in 2006.

PN45        

The society's employee relations committee, not unlike this Tribunal, draws on the experience and expertise of members from a wide variety of fields who come from a range of different backgrounds including employer/employee union and government.  Your active contribution to the work of the society in general and to the Employee Relations Committee in particular is greatly appreciated.

PN46        

As other speakers have already noted, the work which you have done outside of practice has not been confined to the activities of the Law Society.  Somehow, you have managed to find the time to play a leading role in the work of a number of other organisations too.  As Ms Willmott has mentioned, during your career you have had extensive experience both as an instructor and as an advocate before various state and Commonwealth courts and tribunals, including this Commission.

PN47        

This Commission of course plays a vital role in the maintenance of minimum wages and employment conditions and in the resolution of workplace disputes in Australia.  The very notion of the Commission's remit requires it to draw both on a wide range of skills and expertise, and on a diverse range of professional disciplines and backgrounds when it comes to the selection and appointment of those who are to preside over its activities.

PN48        

The Law Society is therefore delighted to see that the strong skill base already present on the Bench of the Commission in Perth has been further enhanced by the appointment of an experienced and talented member of the legal profession.

PN49        

Deputy President, you have been described as possessing a "can do" approach and as being super organised, very thorough and very committed.  I have also been told that you enjoy excellent negotiation skills; skills which sometimes extended well beyond your chosen areas of speciality.  In fact, I have it on good authority that your talents are such that at a particular stage of your career you even managed to requisition, of all things, a helicopter.  While the application of that particular skill will mercifully perhaps not be one which is likely to consume too much of your time on the Bench, there's no question that you many other talents and attributes will stand you in excellent stead for the years that lie before you.

PN50        

Deputy President, for more than two decades you have been immersed in the practice of employment law and industrial relations.  The legal profession has every confidence that you will serve the Commission with great distinction.  We extend both the heartiest congratulations to you on your appointment and our very best wishes for a long and distinguished career on the Bench of this Tribunal.  May it please the Commission.

PN51        

DEPUTY PRESIDENT BINET:  Thank you, President Ross, Ms Hammat, Ms Willmott, Mr Breen and Mr Musikanth.  I would also like to acknowledge the presence of the members of the State Commission and my colleagues on the Bench.  I laboured for some weeks trying to write a speech for today.  I eventually set upon an opening line which I thought had appropriate dramatic effect.

PN52        

President Ross, I stand before you by virtue of those who sit behind me.  I imagined myself standing and delivering the line.  It's a great opening and I asked O'Callaghan SDP, who is renowned for doing not only his own work but also the work of the parties, to proof read my speech and he'd pointed out that as I'd been appointed to the Bench; I would be actually sitting with the President and not standing before him. Clearly I'm having some difficulty transitioning, in my own mind, from the Bar Table to the Bench, although it is somewhere where I have wanted to be all my life.

PN53        

I was born into a family with a passion for politics, business, economics, work and people.  As a little girl, I never wanted to be a princess or a ballerina.  From the moment I opened my mouth I wanted to work in industrial relations.  As a child, my father who is well-known to many of you, was employed by the Chamber of Commerce.  He was mostly on the road in the North, in the East and for extended spells in foreign lands, such as the ILO in Geneva or the North Sea or the Middle East.  It was from these exotic places he would send postcards back to my mother who was stuck in suburban Perth raising two children who would alternatively take turns stopping breathing with either asthma or fibular convulsions.

PN54        

My mother, having left school at 14, returned to study when my brother started school.  Somehow she managed to combine raising us with full-time work and study, eventually acquiring two undergraduate degrees and a masters.  It's from her that I acquired my passion for study, a steely determination and a strong work ethic.

PN55        

So that we had an opportunity to spend time with my father, my brother and I would tag along with him during our school holidays.  I grew up with WA's major construction projects; the Northwest shelf project, the Argyle Diamond Mine, the Telfer Gold Mine.  From inception, through construction to production, eventually as an adult, providing advice to the project participants.  An understanding of the history of the projects in this state and the features which are peculiar to our state will hopefully equip me to assist those parties who will develop the projects of the future which will deliver WA's economy from the doldrums it currently experiences back to boom time.

PN56        

My father has an enviable standing in the industrial relations community.  His ability to be widely accepted and respected arises from his capacity to easily mix and meet with people, whatever their background and status, and his genuine interest in what they do.  In particular, he has the most incredible capacity to understand and recall systems of work.  Over many years, I've listened to him talk ore leaching processes with metallurgists, tunnel inclines with engineers, and slaughtering with meat workers.  Like him, I've always been fascinated with how work is done and the people who do it.

PN57        

In the days when projects factored in a certain number of fatalities as inevitable, there were less stringent safety rules and as a child I would eagerly jump at the opportunity to drive an oil truck or scramble over a processing plant, or travel down the ore lines on a high rail.  As an adult in our practice together, both of us would leap at every opportunity to spend time in our client's workplaces, whether that was maximum-security prisons or gold mines in the high Andes at 5000 metres above sea level.

PN58        

While there are financial restraints upon the capacity for Tribunal members to travel to sites in the way my father was able to do when he was on the Bench, I hope I never lose that connection with the real world of work and those who work hard and long hours for modest reward.  Mining and construction was and always has been my passion.  When other little girls were playing with dolls, I collected rock and construction company stickers.  I would proudly show my rocks to the rock doctors who were among the diverse range of people who would frequent out home, because my mother would insist that my father hold dinners at home, rather than go out for dinner with clients.

PN59        

I'm forever in debt to those men who so patiently engaged in discussion and debate with what I now realised must have been a horribly precocious child.

PN60        

Members of the Tribunal, such as the former President, the late Honourable Barry Madden, former Commissioner Bob Merriman, the Honourable Geoff Guidice, former Deputy President McCarthy; capital venturers like Courtney Chamberlain, IR petitioners like Geoff Stockden and union leaders like Don Bartlem and Kevin Reynolds, journalists like Paul Murray.  They patiently provided me with insight into their spheres of work and thought.

PN61        

I was, and remain, particularly interested in wage determination and my father recounts one evening, well before he was appointed to the Bench, Barry Madden and I engaged in animated conversation about the merits of alternative wage determination models.  Much later, following his appointment to the Bench, the two-tier wage system which we discussed that evening eventually proved to be an innovative and highly successful mechanism which achieved significant productivity improvements in the Australian economy.

PN62        

On another occasion with my father, I ran into Kevin Reynolds in the street and we discussed with him that his members were about to construct new school buildings for my school.  We discussed the work conditions on site and an appropriate site allowance, given those conditions.  True to his word, he subsequently honoured it in his negotiations with the builder, based on a handshake with a 13‑year-old.

PN63        

I was raised and educated by the Loreto sisters, with a view that gender should impose no limitation.  In fact, the Loreto nuns who educated me took the view, in common with my mother, that women who aspired for equality lacked ambition.  At university I was fortunate to be educated by some of the best industrial relations academics in the country, including Marcelle Brown and Professor Ray Fells  They taught me to apply an intellectual rigour and reasoning to my lifelong interest in the practice of workplace relations.

PN64        

While my law degree gave me an entree into the law firms, advising on the major industrial matters in the country, my economics degree with its HR/IR management majors gave me an insight into people.  Arguably, a more important qualification given that if ore is not being loaded at the cost of a million dollars a day, winning in the Federal Court is of little comfort to a client.  The reality is that it's necessary to find a people-solution to industrial disputes and not simply a legal one.

PN65        

The conciliation powers of the Fair Work Commission make it uniquely placed, not only to assist the parties to resolve disputes, but to take a far more proactive role and help the parties build better relationships.  The New Approaches Project and the Major Project Panel are exciting developments in this regard.  I hope to participate in this work and future strategies which seek to engage industrial parties in a proactive and collaborative way.

PN66        

While at university, I became fascinated with the study of comparative industrial relations.  It's an interest which I've subsequently been able to pursue in my role at ALERA.  It is of great interest to me that countries around the world are basing their industrial relations system on the conciliation senate approach, with a well-resourced and expansively powered Tribunal that Australia first instituted in 1904, but has since watered down somewhat.  Hopefully, success of the Commission's latest proactive engagement strategies with the industrial parties will be viewed favourably when the government next reviews the resourcing powers of the Commission.

PN67        

I was fortunate to spend my formative years as a lawyer in top-tier national law firms, which exposed me to the biggest and most complex industrial matters; not only here in the West, but around Australia.  The long hours and weeks without days off were compensated by the opportunity to work and play with the best and brightest, including Chloe Piper and Duncan Fletcher who are here today.

PN68        

It was a collaborative and intellectually stimulating environment which taught me to work hard and think innovatively.  Advocacy is an art form and I was fortunate to learn it from master craftsman like Tony Power, Ian Neill, Chris O'Grady, Brian Lacy and Toni Lucev.  Apart from the gesture of an opposing counsel, I might never had an advocacy career as Deirdre noted.

PN69        

That experience did teach me an important lesson and that is while we are adversaries for the purposes of our client's case, we're compatriots as advocates and we all have a role in nurturing the next generation of advocates.  The risk of young advocates, particularly non-legally trained ones stumbling at the first hurdle has been significantly reduced by the brilliant advocacy program run by Chris O'Grady and Brian Lacy with the assistance of the Fair Work Commission.

PN70        

As daunting as appearances are for those who are legal practitioners or lay advocates, the experience for those self-represented parties must be overwhelming.  Increasingly, self-representation is the norm in the tribunal.  The Fair Work Commission under the leadership of President Ross has made exceptional progress in making the Tribunal more accessible through innovative initiatives, such as the mock advocacy program and the release of the Bench Books.  I hope to contribute to the future strategies that allow everyone who has a genuine claim the opportunity to fully pursue a remedy or fairly defend a claim.

PN71        

As a baby lawyer, working primarily in the mining construction section, it wasn't uncommon to be the only woman in the room, but I never experienced gender discrimination from clients.  In my experience, clients were solely interested in the aptitude of their lawyer and not the sex, a point no better proven than the Grand Lodge.

PN72        

They chose - they had the opportunity to choose a male or female lawyer and they decided they would work with a female lawyer.  I ended up working quite closely with them and ended up being issued with my own copy of the rule book and have the unique claim to be one of the few women to have viewed the Grand Master's sword.  Sadly, the biggest challenge to young women lawyers in corporate law firms is a lack of mentors and mentoring from other women.

PN73        

When I commenced the practice of law, women partners in top-tier commercial law firms were very rare.  Those few that did achieve such lofty heights typically had no children, or if they did had returned to work almost immediately after their children were born.  A career and active parenthood appeared to be mutually exclusive options.

PN74        

In appointing me as the first female Deputy President from Western Australia, the government has given many young female lawyers the comfort that choosing to work part-time while their children are young does not necessarily mean that they need to abandon otherwise promising careers.  I thank the government for the faith they have placed in me and look forward to demonstrating that this confidence was well-placed.

PN75        

Although I had few female mentors, I have however been blessed with many patient and gifted male mentors, including Templeman J, Chief Commissioner Tony Beech, Nigel Hadgkiss, Russell Allen, former SDP Brian Lacy, Hampton C and most recently O'Callaghan SDP, who if he does anymore for me, will be owed my firstborn son.

PN76        

My longest and strongest mentor, however, is Judge Lucev.  I have all my professional career aspired to his legal brilliance and to this day, one of my most treasured possessions is an advice on which he wrote "Good work" more than 15 years ago.  My own lack of female mentors has driven me to do what I can do to encourage other young women.  I'm particularly proud of the Women in IR Breakfast which over the years has brought together up to 180 young women across the industrial relations and human resources professions to network and be addressed by leading women at different stages of their careers about the challenges they've faced and overcome.

PN77        

I hope to continue to contribute in whatever way I can to encourage young women to pursue a career in industrial relations.  In more recent years, I've been fortunate to work with some extremely competent and incredibly hardworking women, such as Susan Barrera, Maria Saraceni, Peter Mabbs, Angie Dominish, Heather Harker, Acting Senior Commissioner Pam Scott, Chris Howe and Jessica Price, all of whom who have become close friends and continue to be important mentors and inspirations for me.

PN78        

Despite what might be presumed from my CV, I'm a passionate believer in the importance of unions in our country.  I'm an admirer of the charismatic leadership styles of union leaders such as Kevin Reynolds and Russell Armstrong who has come back from England today to be here this morning.  The dedication of union officials such as Mark Shipman and Paul Hunt and the intellectual capabilities of union leaders like Will Tracey and Elyane Palmer who is here today.

PN79        

While the media frequently portrays unions as corrupt and violent, less attention is paid to the social welfare contribution made by unions, which goes well beyond the critical representational role they play in an industrial sense.  I am very conscious that even with two degrees, including one in law, it was only in the later stages of my career that I was able to negotiate the terms and conditions of my employment.  For those less fortunate than me, the challenge is overwhelming.  Without the unions, many of the most basis conditions of working life that we take for granted in Australia we would be without.

PN80        

While I am incredibly proud of what I've achieved in my career, I am most proud of my sons.  All five of them in each of their own way are an inspiration to me.  My eldest son Jonty is defiantly quirky and independent.  He is successful and whatever he chooses to succeed at.  During his school holidays, he worked in my legal practice, and I'm extraordinarily proud to say that he did a better job than most of the baby lawyers that I've supervised.  Cullen, my middle son, is gritty and determined and is my motivation for pushing myself whenever I get to my physical and mental limitations.

PN81        

Quinn, my baby, is clever and caring, and no matter how bad a day is, Quinn can always make it better with a kiss and a bear hug.  The loss of my twin boys, Liam and Aiden burnt a hole in my soul that will never heal, but has made me conscious of the gift that life is.  Since losing them, I've lived a life more fully and passionately, conscious that every day is a gift which should be lived without regrets.

PN82        

My thanks go to Scott who while married and since has always supported me to allow me to pursue my career, whether it was proof-reading 80-page client reports in the early hours of the morning, abandoning his work and personal commitments to look after the boys or to bring me a baked dinner and iced coffee while I worked through the night.

PN83        

In addition, I've also been incredibly fortunate to have family friends such as the McCarthys, the Colemans and the Lucevs who have provided both professional and personal support in the good times and the bad, since I was a child.  Finally, a thanks to my wider group of family and friends, who are in the room today, who have put up with my bossiness, my chatter, and my inability to sit still, and love me all the same.

PN84        

It is the time and effort that each and every person in this room has invested in me over the years that has equipped me with the potential to make a notable contribution to this organisation and the people it serves. I intend to make you all proud.  Thank you.

PN85        

JUSTICE ROSS:  Before we adjourn, I will shortly invite the Deputy President to take the Oath of Office.  The Deputy President has already formally taken the oath, but it's important that it be repeated on this public occasion.  It's important because the oath represents a promise; a promise between a member and the public that the institution serves that they will faithfully and impartially perform the duties of their office.

PN86        

DEPUTY PRESIDENT BINET:  I, Melanie Binet, do swear that I will bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors according to the law, that I will well and truly serve her in the office of Deputy President of the Fair Work Commission and I will faithfully and impartially perform the duties of the office, so help me God.

PN87        

JUSTICE ROSS:  We adjourn the Commission.

ADJOURNED INDEFINITELY                                                          [9.10 AM]