Epiq logo Fair Work Commission logo

 

 

 

 

 

 

CEREMONIAL SITTING OF THE FAIR WORK COMMISSION

TO WELCOME DEPUTY PRESIDENT MANSINI AND COMMISSIONER YILMAZ

 

 

Speakers:

MR SCOTT BARKLAMB

THE HONOURABLE MS KELLY O'DWYER

MR STUART WEBB

MS KARA KEYS

 

 

 

Melbourne

 

MONDAY, 25 FEBRUARY 2019


PN1          

MS K O'DWYER:  If the Commission pleases, good morning, your Honour, members of the Fair Work Commission and representatives of industry, unions and the legal profession.  In particular, the Chief Justice of the Federal Circuit Court and Family Court.  I particularly welcome and acknowledge Deputy President Mansini and Commissioner Yilmaz, and members of their respective families on this happy and significant occasion.

PN2          

The appointments of Deputy President Mansini and Commissioner Yilmaz will help ensure the Fair Work Commission continues to play a vital role in ensuring that our workplace relations system operates in a fair and transparent manner, promoting cooperative and productive Australian workplaces.  The new members are highly qualified and will add much value to the work of the Commission.  For example, they will enhance the Commission's ability to approve pay increases and deliver better working conditions more quickly for Australian employees.

PN3          

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 and Arbitration Commission, and the Commonwealth Conciliation and Arbitration Commission.  As a result of the Fair Work Amendment Act 2012, Fair Work Australia was renamed the Fair Work Commission.  This name more accurately reflects the institution's functions as Australia's national workplace relations tribunal and its role within the Fair Work system.

PN4          

Many of you will know that Deputy President Mansini is the grand‑daughter of former Commissioner Norman James Mansini AM of the predecessor bodies the Commonwealth Conciliation and Arbitration Commission, the Australian Conciliation and Arbitration Commission and the Australian Industrial Relations Commission.  Norman James Mansini held the role of Commissioner from 1972 to 1989.  In 1990, he was recognised on the Queen's Birthday Honours List for his service to industrial relations by being awarded a member of the Order of Australia in the General Division.  In 2003, he was made a life member of the Industrial Relations Society of Queensland.

PN5          

In a career spanning 20 years with the national workplace relations tribunal, Commissioner Norman James Mansini presided over many historical and significant cases.  He oversaw the 1977 State Electricity Commission of Victoria dispute which saw maintenance employees in the Latrobe Valley withdraw their labour for 11 weeks, effectively plunging the state into chaos.  Commissioner Mansini also presided over his fair share of unusual cases, including the dispute between Mt Isa Mines and the Queensland Colliery Employees Union - later named the CFMEU - in the mid‑1980s over the retirement of the last pit ponies to haul carts from the tunnels of the Collinsville coal mine.

PN6          

There is no doubt Commissioner Mansini's keen interest in industrial relations and his commitment to ensuring a fair and just outcome for employees and employers have been shared with his grand‑daughter, Deputy President Mansini, who will carry on the tradition of serving on the national workplace relations tribunal.

PN7          

At Commissioner Mansini's official welcoming ceremony on 4 September 1972, the Attorney‑General Senator Ivor Greenwood noted that the appointment of the three Commissioners appointed at that time were as conciliation Commissioners, reflecting the requirement under legislation at the time to designate Commissioners as either conciliation Commissioners or arbitration Commissioners.  That limitation has long since been removed from the statute and of course these new appointments, as with other appointments to the Fair Work Commission, are not limited to types of functions performed by the tribunal.

PN8          

The terms of the new appointees' respective tenures are from the date of commencement until they reach the statutory retirement age of 65 or they resign.  The Australian government acknowledges the esteem with which Deputy President Mansini and Commissioner Yilmaz are held very widely in the workplace relations profession and is confident of the valuable contribution they will make to the Commission now and into the future.

PN9          

Deputy President Mansini, you have a high level of experience in the workplace relations area and are regarded as an expert in that field.  You have been the director of workplace relations and legal counsel for the Australian Mines and Metals Association since 2016 and the manager of workplace relations for four years before that.  Prior to joining the association, you were a senior associate and solicitor at Freehills, now Herbert Smith Freehills.

PN10        

Your passion for workplace relations law was evident from the early days of your career.  Between 2006 and 2008, you were an Associate to Senior Deputy President Peter Richards and Commissioner Paula Spencer in the predecessor bodies to the Fair Work Commission.  You hold a Bachelor of Laws and Bachelor of Business from the Queensland University of Technology, and were admitted to the Supreme Court of Queensland in 2006.  Your appointment commenced on Monday, 4 February 2019.

PN11        

Commissioner Yilmaz, you have considerable experience in representing the interests of small business owners and in the areas of workplace relations, workplace health and safety, and industry.  You are highly qualified for appointment to the Commission.  Prior to your appointment as Commissioner, you were the principal of LLY Business Consultancy when your appointment commenced on 18 February 2019.

PN12        

From 2015 to mid‑2018, you were the deputy executive director of the Victorian Automobiles Chamber of Commerce, an employer organisation representing the interests of predominantly small business in the automotive industry.  Between 1997 and 2015, you were the chamber's industrial relations manager and then general manager of industrial relations, occupational health and safety, education and training.  You were on the Australian Chamber of Commerce and Industry council from 2008 to 2018 and a member of the council's workplace policy committee for 25 years.

PN13        

Commissioner, I am reliably informed that you are no shrinking violet.  Whether standing up for industry‑specific training councils or arguing for small business understanding with unfair dismissal laws, you are prepared to argue fearlessly, forcefully and effectively.  When a farewell function in 2014 was proposed to take place at a venue named "Naked for Satan", you didn't flinch.

PN14        

You hold a graduate degree in Industrial Relations/Human Resource Management from Victoria University and you have been a member of numerous boards, including the Victorian Automobile Chamber of Commerce, the Commercial Vehicle Industry Association of Australia and the Trades Recognition Services Industry Advisory Group.

PN15        

At the official welcome of Commissioner Mansini in 1972, the Minister for Labour and National Service, Mr Lynch said:

PN16        

Whatever the critics may say - and no institution can or should be free from criticism - there is no doubt that the Commonwealth Conciliation and Arbitration Commission is an important, indeed essential, element in our industrial life.  It is an enduring institution.  A great responsibility, therefore, is thrust on members of the Commission.

PN17        

If they are to discharge their responsibilities effectively, of course they require the goodwill, the understanding, the cooperation of the parties, employers and trade unions and to the extent that it becomes involved, of course the government.

PN18        

I trust that the same goodwill, understanding and cooperation will be forthcoming from all concerned to the new members of the Fair Work Commission.  Deputy President Mansini and Commissioner Yilmaz, on behalf of the Australian Government I congratulate you on your appointments.  I convey our goodwill and I wish you all the very best with exercise your responsibilities in this high office, may it please the Commission.

PN19        

JUSTICE ROSS:  Thank you, Minister.  Mr Barklamb?

PN20        

MR S BARKLAMB:  Thank you, your Honour.  If it pleases the Commission, Commission members, Minister, ladies and gentlemen, as I prepared for today someone asked me why we do these welcomes.  It's a pretty good question.  You can't be as prosaic as, well, we've always done it or that the Bar does it for new Judges and we're just following along, and it certainly isn't the quality of the biscuits afterwards.  Rather, we come together as peers to acknowledge those given the privilege of stepping up to assume higher levels of trust and responsibility in our workplace relations system.  We also acknowledge the careers and passions people leave behind to take on their new independent roles.

PN21        

However, we don't just acknowledge individuals.  We are acknowledging the role they take on for our community and the importance of the work of this tribunal.  Our peers are being given the opportunity, the responsibility and the trust to apply the law of our nation in an area as fundamental as how more than 12 and a half million of our fellow Australians work; no small thing.

PN22        

The rule of law as applied by the independent decision‑makers, the new Deputy President and Commissioner, join today, has underpinned how Australians work for 115 years.  It has helped forge the Australia we enjoy today evolving across the period of our nationhood.  My organisation firmly believes that it is very important these laws are observed.  It cannot genuinely be in the interests of any Australians to see these laws broken or ignored.  This misunderstands our nation's industrial relations past, its present and its future.

PN23        

Commission members' responsibility to the Australian community, to all those who use this body and to apply the law as directed by parliament, is reflected in your Honour's decision to repeat the oath or affirmation at these gatherings before all of us, which we support strongly.  With that, I will address the Chamber's remarks to our two new Commission members in the order I met them.

PN24        

Commissioner Yilmaz, you joined VACC - the Victorian Automobile Chamber of Commerce - as an industrial officer/researcher in 1988.  I have never asked whether you're a petrol head, whether that's what led you to the VACC, but suffice to say you began a long and fruitful association that lasted more than 30 years.  Completing further studies in industrial relations and human resource management, you appeared extensively in the former Victorian tribunals, the AIRC and the Fair Work Commission on a range of matters, including national wage cases.

PN25        

You put over these years considerable effort into assisting the Bench in understanding the industry you represented and its unique challenges.  On various occasions - dare I say too many - you had the opportunity to remind the Commission that VACC represents a distinct automobile industry with unique characteristics that should be taken into account.  You and I first met following something the Victorian Employee Relations Commission did in about 1995.  I absolutely forget what it was, but being employers we were not happy about it.

PN26        

You progressed up the ranks at VACC, becoming general manager and then deputy director; significant achievements.  You maintained an active involvement in workplace relations throughout award modernisation and as a member of my organisation's Workplace Policy Committee and General Council.  I had the pleasure of taking your instructions on a range of policy and tribunal matters over some years.  I am quite genuine in saying you were the best kind of member to have; challenging, questioning, but also engaged, interested and committed to the work of my organisation.  Your input regularly helped improve our advocacy both public and in this tribunal, even if you and I disagreed on the direction of policy on occasion.

PN27        

You also had the chance to branch out, building on your workplace relations background to become a leading voice in safety, education and training.  You were instrumental in establishing the women's automotive network which works to attract more women into a traditionally male‑dominated industry.  You were also instrumental in establishing Automotive Skills Australia, national uniform automotive qualifications and VACC's highly regarded group apprenticeship scheme.  These are real and lasting achievements for tens of thousands of young Australians, and for young women in particular, that you should reflect on with pride.

PN28        

One key strength you bring to the Commission warrants particular emphasis and it has been mentioned by the Minister already this morning.  You join the Commission with a lifetime of experience working with and for small businesses and with their people.  I am talking about the small mechanic, the small body shop, country car dealers, et cetera, the type of small and family businesses that are at the heart of employment and social life in local communities.  The Commission will be strengthened by your understanding of these small businesses and those who work with them.

PN29        

Commissioner, it's a great pleasure to welcome a friend and contemporary to this important role, and see you given this opportunity to lend your talents and experience to new challenges and to the responsibilities this body takes on for all of us.  We are confident you will be a first rate member of the Commission, committed to good and timely service, respectful and open engagement with parties, to fair and sound decision‑making, able and interested to apply yourself to new work and new industries.

PN30        

However, when one takes on any new role, mentorship is important.  I am told one area where you might be assisted in this regard is in regard to the baked goods that you periodically brought in to your colleagues and friends at VACC.  We know this is an area in which his Honour the President may be able to lend you some advice and expertise, along with his varied talents including as a vintner and horse whisperer.  I did, however, think it was particularly unkind of Mr Chesterman to compare your biscuits to the products sold by the tyre manufacturing members of VACC.  You can take that up with him afterwards.

PN31        

Commissioner, I want to address my final remarks not to you or to the bench, but to your husband Bulent, daughter Elif and son Ersin.  I know from our many years of friendship how close to the front of her mind family is for our newest Commissioner and the pride she takes in you and your achievements.  What goes too often unsaid is that the hours all of us invest in our work and in travelling is not time spent with our families.  What our families contribute to our careers should not go unremarked on occasions such as today and Leyla's achievements are very much your achievements, too.

PN32        

Elif, Ersin, your contributions do certainly not go unremembered by your friends at VACC who fondly recall the time that you spent with them growing up, including I'm told sometimes rolled up in a blanket on the office floor when you were sick.  Today is your family's opportunity to take pride in Leyla's achievements and to see the regard she is held in by her peers and by her profession here in such numbers today.  My apologies to the Commission, it was just a matter of grammar and construction that I had to lapse into using the first name there, even if I risk making it onto transcript as the Commissioner's first rebuke from the bench.

PN33        

Deputy President Mansini.  Deputy President, like a good Elvis impersonator I step up to the microphone today supremely confident in my subject material, but also paying my debt to the king - or kings in this case, being Stuart Wood and Steve Knott, from whom I'm going to borrow liberally.  Deputy President, it's quite difficult to stop myself quickly in welcoming you today as I am recalling a career conducted at breakneck speed.

PN34        

You were a law graduate at McCullough Robertson in Brisbane at 21.  At 22, you were an Associate to former Senior Deputy President Richards and Commissioner Spencer.  Having joined Freehills by your mid‑20s, you were working on some of the highest profile matters in the land, including the Qantas shutdown, strategy for BHP's coal division and on waterfront litigation.

PN35        

Deputy President, the mix of steel and smarts you bring to your new appointment were forged in the heat of these matters and in the next generation of matters that you then led with AMMA, again at a frighteningly young age.  Graeme Smith, the leader of Freehills' national practice, and Mike Coonan, the leader in Brisbane, speak very highly of your work during this period.  It was clear you would go far and fast.

PN36        

This pattern of impatience and rapid success is, I'm told, not a new one.  We understand from your mother Carol that you started grade 1 at four and could read basic sentences, and write your name.  You went to university at 17.  Steve Knott AM, chief executive of AMMA, recruited you from Freehills in 2012, yet again underscoring what a truly excellent judge of talent Steve is.  More from Steve later.

PN37        

You rose through senior management and executive roles as legal counsel, manager legal and migration services, then as director workplace relations.  By the time you left AMMA, you were joint right hand in running the place.  Managing a national team, you led a range of complex bargaining campaigns on a high profile litigation.  I want to emphasise that word "led".  You were throughout your time at AMMA the strategist and leader on massively important matters for our members.  These were your matters and your legal strategies, and you more than succeeded with the vast majority of them.

PN38        

Like any good lawyer, where the Commission or Court did on occasion not understand your argument, you were of course absolutely correct; it's just that they could not see it.  At a time when the resources boom was coming off rapidly and AMMA members were challenging us to show value as never before, you were personally responsible for many of them riding out tough times with the organisation.  Deputy President, Stuart reports that Steve Knott was asked why he gave you so much latitude.  He said he didn't; you just took it.  What he should have added, of course, is that you took it and you more than succeeded.

PN39        

At this point, Deputy President, I would like to add some more specific remarks from Steve Knott.  In just your final 12 months at AMMA, you led AMMA's national team of workplace relations professionals and managed a multi‑million‑dollar budget.  You had direct engagement with MPs across the political spectrum, including Ministers, party leaders and former Prime Ministers.  You represented the Australian resources and energy sector at a global gas forum in the US, engaging with multinational oil CEOs and business leaders.

PN40        

You completed the Australian Institute of Company Directors course and the Melbourne Business School Leadership Development Program.  You also hung out with Canadian crooner Michael Buble and were a stage assistant for American magician David Copperfield.  I so wanted to put a magic joke in there, but I just couldn't find one.  Deputy President, you clearly left AMMA looking for more excitement and more stimulation.

PN41        

Steve also wanted everyone to know that during the past 12 months you have organised your own wedding and acquired a dog.  It's a pure bred black Labrador, so Steve suggests at least one of your two recent additions should be easy to train.  Steve concluded by saying that:

PN42        

Amanda comes to the Fair Work Commission with an enormous amount of expertise and knowledge, outstanding employment law expertise and experience in significant workplace relations negotiations involving all the social partners, unions, governments and employers.  Amanda is an outstanding appointment and will make a significant contribution to the working of the Fair Work Commission.

PN43        

Okay, I've finished channelling Steve Knott.  Some comments from me, Scott.  I want to add at this point personally that I particularly enjoyed working with you at AMMA.  You're a great collaborator and a really interesting and positive person to develop ideas with.  A tip for your future Full Bench colleagues:  working with now Deputy President Mansini will be a lot of fun - although, Deputy President, when I was with AMMA we did sometimes have a few problems knowing where you were and "Where's Amanda?" became our own version of "Where's Wally?" with all the flying that you were doing.

PN44        

In addition to their respect for your professional abilities, I also hear rumours that behind closed doors some of your fiercest former adversaries from the disputes you had with the MUA and the CFMEU actually quite like you.  They should; you ended up being a witness at their wedding.  That fell a bit flat.  I kind of liked that one when I wrote it.

PN45        

So, to now.  You join the senior ranks of the Commission at 35, joining another very illustrious appointee of the same age.  This is a huge achievement, rare in the 115‑year history of this body.  To gain such respect and regard of your peers, and to join such an important body in so short a career, is testament to your hard work, your steel and your smarts.

PN46        

You will bring these qualities to matters that come before you, along with - I should emphasise - the very strongest of technical and legal capacity, and real world experience at the sharp end of substantial national dispute.  You are well equipped to be a leading member of this tribunal across decades, centrally engaged with tackling its most serious challenges as they unfold and helping shape the ongoing evolution of their employment law.

PN47        

Deputy President, I mentioned on opening that when people join the Commission they also leave things behind.  I'll keep this a secret just between us, but over the past year you have also had an opportunity to get a taste of the career that you really wanted; you have appeared on Sky News and on the front of the newspapers.  I hear the Today Show is not travelling that well and in a different life it would have been you occupying Karl's still warm seat.

PN48        

Media street is, however, unfortunately, one you will have to leave behind on joining the Commission.  The media really dodged a bullet there.  At your rate of progress, you would have a couple of Walkleys by now and be grilling the PM this evening or you would be on I'm a Celebrity, Get Me Out of Here; I couldn't quite work out which.

PN49        

Deputy President, I completed my remarks to Commissioner Yilmaz by talking about family and, as the Minister has told us, you're not the first Mansini to have the opportunity to write their page in the history of this tribunal.  Your grandfather was a Commissioner of this body in an important time, a difficult time and a different time.  He was involved in some of the most significant national disputes at a time where that meant capturing the national attention and stopping the nation.

PN50        

Upon learning of your appointment, Norm - now 94 - said he was very proud that she was following in his footsteps and had no doubt you would fulfil and carry out your duties with honour.  Having had the opportunity to watch you play a video of Norm welcoming your appointment, Deputy President, you looked pretty proud of him, as well.  We can add to this, of course, the pride your husband Chris, your mother Carol and your family share today, as I hope you will elaborate on in due course.

PN51        

Deputy President, Commissioner, on some dimensions you appear very different appointees, bringing to the Commission differing careers, qualifications and strengths, but I observe a common quality from having worked with both of you.  You both bring a fierce determination to your work.  Not in an intimidating or aggressive sense and without any hint of discourtesy or rancour, but a shared fierceness in getting the best outcome for those you represent and a fierce commitment to accuracy and veracity.  This will stand you in very good stead as you take on this next challenge on behalf of the Australian community.

PN52        

Finally, it should not go unremarked - particularly with the Minister here - that following the current tranche of appointments, 17 of 44 members of this Commission will be women.  This is a new high in both numbers and proportion of members, and from what I can gauge represents new highs at both the Presidential and Commissioner levels.  Eminent, well qualified, successful women from a diverse range of backgrounds are contributing their strengths and capacities to this institution in greater numbers than ever before and are at the heart of equipping the Commission to deal with the demands of today and those of the future.

PN53        

Minister, with your joining us today and noting your joint portfolio responsibility as Minister for Women, it's appropriate the Australian Chamber - as Australia's peak employer social partner - acknowledge and welcome this direction for the future of this important national institution.  Deputy President Mansini, Commissioner Yilmaz, welcome and congratulations again to you and your families on behalf of the Australian Chamber network, our members, your employer friends and peers, and all employer parties that will appear before you.  We wish you both well, if the Commission pleases.

PN54        

JUSTICE ROSS:  Thank you, Mr Barklamb.  Ms Keys?

PN55        

MS K KEYS:  If it pleases the Commission, members of the Commission, guests of the new appointees and those joining us in the public gallery, I would like to start by acknowledging the traditional owners of the land on which we meet today; the Boon Wurrung and Woiwurrung 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 this country, and I acknowledge them for this role and their Elders past and present.

PN56        

It is my honourable duty to acknowledge Deputy President Mansini and Commissioner Yilmaz, and congratulate them on their appointment to the Commission on behalf of the Australian Council of Trade Unions.  It is evident by your experience, your both extensive careers 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 integral in forming the very fabric of our society.

PN57        

Indeed, you have joined a unique Australian institution.  Yes, it is one which continues to maintain a long‑standing system of industrial relations, but it is also one - by its critical role in balancing the interests of business and unions, employers and workers - unique, in that it shapes the very health of our nation.  Industrial relations is foundational to the success of our economy and the very dignity, security and success of every working Australian and their families.

PN58        

Because of this unique role, none of us - regardless of where we owe our allegiance or who we represent - can deny the importance in the role of the Commission; the solemn duties of our Commission members and the intrinsic understanding that we all have, in that we know employers and workers all benefit from fair employment conditions and productive workplace relationships.  We know that where workplaces are fair and where workers are treated with respect and dignity, those are the ones that flourish and those are the ones who have the most prolific impact on the lives of working people, our economy, our society and our country.

PN59        

Deputy President Mansini, Commissioner Yilmaz, on behalf of the Australian Council of Trade Unions, I congratulate you on your appointment and we wish you all the best in the discharge of your duties in this institution.

PN60        

JUSTICE ROSS:  Thank you, Ms Keys.  Mr Webb?

PN61        

MR S WEBB:  May it please the Commission, I appear on behalf of the Law Institute of Victoria and the solicitors of this state to welcome Amanda Mansini as Deputy President and Leyla Yilmaz as Commissioner of the Fair Work Commission.  We acknowledge the traditional owners of the land on which we gather and pay our respects to their Elders, past and present, and to any Elders with us today.

PN62        

As we have heard, each of you brings enormous experience and talent to these roles in supporting the crucial work in shaping workplace law in Australia.  My learned friend, the Honourable Kelly O'Dwyer, Minister for Jobs, Industrial Relations and Minister for Women, has previously noted that each of you will ensure that the Commission continues to play a vital role ensuring our workplace relations system operates in a fair and transparent manner.  Ms O'Dwyer also highlighted that both of you will ensure the Commission operates in a transparent manner, to promote a constructive and cooperative environment for Australians in the workplace.

PN63        

Deputy President Mansini, as we have heard, your credentials are enriched by your grandfather's experience in this Commission and we are sure he is extremely proud that you will now follow in his footsteps in your work here.  Commissioner Yilmaz, your dedication to the profession and for many years senior positions in the Victorian Automobile Chamber of Commerce has defined your commitment to hard work and professionalism, and the breadth of your expertise, including representing the interests of predominantly small businesses, occupational health and safety and the promotion of women in the automotive industry; the nuts and bolts, so to speak, of the essentials.  Your passion for youth employment opportunities is also admired.

PN64        

The solicitors of Victoria warmly congratulate both of you and wish you success in this new career, may it please the Commission.

PN65        

JUSTICE ROSS:  Thank you, Mr Webb.  Deputy President?

PN66        

DEPUTY PRESIDENT MANSINI:  Good morning, President, fellow members of the Fair Work Commission and distinguished guests.  Thank you, Minister, the Honourable Kelly O'Dwyer, Mr Barklamb, Ms Keys and Mr Webb for your generous words this morning.  I am humbled by this appointment and overwhelmed by all your well wishes - from representatives of the judiciary, legal community, industry, unions and family all present here today - here in Melbourne and by video from Brisbane.

PN67        

I was born in Gladstone, raised in Brisbane by my single mum, Carol.  It was my grandfather that provided a glimmer into the professional world and the importance of the Australian Industrial Relations Commission, as it then was.  That he was involved in resolving many disputes in the coal, oil and gas and maritime industries, became a lantern for my career path.  I am proud to continue his legacy and what this means to the Mansini family.

PN68        

As our friends have highlighted today, I have been blessed with a diverse career in workplace relations, spanning law and litigation to many hours around bargaining tables, to local and international government and stakeholder relations; from coal mines and gold mines across the regions of Australia to boardrooms and courtrooms.  But careers are forged out of the influence of others and under the guidance of those that care to invest in them; they do not happen in a vacuum.  To my career mentors - you know who you are - those who helped me get here, thank you.  I sincerely thank you.

PN69        

Now more than ever this tribunal's work is with individuals and the unrepresented, and their claims.  Claims about their livelihoods; calling for a degree of empathy and compassion that a law school can never teach.  Workplace relations also continues to capture much public attention, media attention and that of political parties.  Commentary is constant, often forged in an "us and them" paradigm.  Indeed, this tribunal is no stranger to that attention.  Indeed, I have been a commentator in my past.  But the tribunal's task of course is to carry out its statutory charter.

PN70        

With this clarity and promise, with the oath that I have taken and am about to take again this morning, I look forward to my role in this esteemed tribunal and contributing to its great body of work.

PN71        

JUSTICE ROSS:  Thank you.  Commissioner?

PN72        

COMMISSIONER YILMAZ:  Thank you, Minister, Mr Barklamb, Mr Webb, Ms Keys.  Thank you all very much for your kind words this morning.  I also congratulate Deputy President Mansini on her appointment.  It is a privilege to be appointed and an honour to serve this Commission.  What no one will know is that after completing my university degree and following completion of my final law unit, I enthusiastically sought out a position in a union office; needless to say, I failed to secure employment in a union.

PN73        

Both of my parents and my grandfathers had proud trade backgrounds.  One grandfather in fact left his trade to be a professional soldier.  Being multilingual, that skill proved to be quite invaluable and it had the effect of advancing him into politics towards the end of World War II.  Sadly, this calling ended soon with his passing.

PN74        

I always understood that one person can make a difference.  Fortunately, industrial relations sparked my interest and combined with my fascination of organisations, I discovered my pathway where I could potentially make a difference.  My career representing the employer movement, particularly small and family enterprises, was satisfying as it was obvious that they needed a voice as much as they also needed support.

PN75        

As an advocate and as an employer, I gained a solid understanding of the complexities and challenges in employing and managing staff, investing in training and managing the every day financial and operational pressures of business.  Further, the members largely came from a trade background and the owner worked on the workshop floor.  This meant that the workplace issues confronting the industry were not easy to resolve.  Rarely were business pressures dealt with in isolation from regard of the needs of the workers.  I hope to bring this deep understanding to my work in the Commission.

PN76        

I am grateful to the members and to the boards of VACC, for during my tenure we had a serious and professional approach while we debated and deliberated the complex and dry area of industrial relations.  We strived to achieve considered, balanced and pragmatic policy outcomes.  Our position was not always conducive to agreement with our friends including, from time to time, with our colleagues in the employer community.  I acknowledge and thank my team at the Chamber, who always maintained the industry position despite how difficult it could be.  I also acknowledge and thank my Australian Chamber and professional colleagues from both sides of the table for their support and their well wishes.

PN77        

I sincerely thank my husband and my children for their support and understanding, especially for the many years where my work commitments tilted the balance.  Without their support, my career would not have taken the direction it took.  I am confident by the fact that my children are sensible adults now, hopefully, and now I'm quietly confident also that they will continue to provide me with the necessary support so I may perform my role.  I also thank the Commission staff and members for their warm welcome in the past week.

PN78        

I will make every effort to exercise my duties as Commissioner with respect, courtesy and in fairness consistent with the objects of the Act.  Thank you.

PN79        

JUSTICE ROSS:  We will adjourn shortly and you are invited to join our new members for morning tea.  Try not to be deterred by Mr Barklamb's scathing assessment of the quality of biscuits.  Before we do so, as has been mentioned, I will invite each of our new members to take the oath of office.  Deputy President Mansini has already had a matter, but I don't want you to be deterred and think that this is the first occasion on which they have taken the oath.

PN80        

Each of them has already done so, but I think it is important that it be done in public because the oath represents a compact between the members and the community that the Commission serves; a compact to faithfully and impartially discharge the functions and powers of our office.

PN81        

DEPUTY PRESIDENT MANSINI:  I, Amanda Mansini, do swear 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, so help me God.

PN82        

COMMISSIONER YILMAZ:  I, Leyla Yilmaz, 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 the office, so help me God.

PN83        

JUSTICE ROSS:  I adjourn the Commission.

ADJOURNED INDEFINITELY                                                          [9.56 AM]