PN1

THE ASSOCIATE: Ceremonial sitting of the Fair Work Commission to welcome Deputy President Beaumont.

PN2

JUSTICE ROSS: Good morning. Mr O'Sullivan.

PN3

MR O'SULLIVAN: If the Commission pleases. I would like to begin by respectfully acknowledging the Wadjuk people who are the traditional owners and custodians on the land on which we meet today. I'd also like to pay respect to the elders, past, present and emerging of the Wadjuk people and extend the respect to other Aboriginal and Torres Strait Islander people who are present.

PN4

Good morning, your Honour, members of the Fair Work Commission and representatives of industry, the Trade Union movement and the legal profession. I particularly welcome and acknowledge Deputy President Beaumont, and members of your family on this happy occasion. I appear on behalf of the Federal Minister for Employment, Senator, the Honourable Michaelia Cash who is unable to be here today, but asked me to convey her personal congratulations.

PN5

The Fair Work Commission and its predecessors have played an important role in shaping Australia's industrial relations landscape for over 100 years. During this time, the functions and remit of this institution have grown as a result of social, economic and legislative change. Now that National Workplace Relations legislation covers the majority of Australian workplaces, the decisions of this Commission have broad-ranging impact throughout the country.

PN6

In the future, as technology, globalisation and demographic changes transform the nature of work and of workplaces, the Commonwealth is confident that this Commission will continue to ensure that Australia workplace relations and relationships keep pace with these emerging issues. Deputy President Beaumont as an esteemed member of the legal profession with experience working with both government and the business community, the Commonwealth is confident that you are well placed to make a valuable contribution to this Commission now and into the future.

PN7

You began your career as a nurse in 1993, working with various hospitals and medical services. This real-world experience will be highly valuable to this Commission and will allow you to undertake your tasks as Deputy President with empathy, calmness and efficiency.

PN8

You commenced your legal career in 2006 where you graduated with a Bachelor of Laws with first class honours from Murdoch University. Starting off in private practice, you specialised in industrial relations, employment and anti-discrimination law matters, working both in and out of court room.

PN9

In 2008, your experience in both the health and legal sectors was put to good use within the Western Australian Government where you worked as Legal Adviser to the States Department of Health, and then the Department of Premier and Cabinet. In these roles, you provided legal advice concerning the interpretation of legislation and other Parliamentary materials. You also gained experience in managing relationships with stakeholders and constituents.

PN10

You turned back to commercial practice in 2010, gaining extensive advocacy experience in a range of jurisdictions, including, of course, the Fair Work Commission. You also conducted workplace investigations, drafting submissions, pleadings and court applications and advised on many industrial relations legal issues, including enterprise bargaining, covering issues and transfer of business.

PN11

For the past five years you've been working with the Fortescue Metals Group, initially in a legal capacity and most recently as the Manager of Human Resources and Employee Relations. As part of these roles, you were called upon to lead bargaining for a new enterprise agreement in 2012 to 2013, and to develop a whole of business industrial relations strategy. During this time, you were also appointed to the Australian Mines and Mineral Association Board Reference Group.

PN12

The Commonwealth is confident that your broad experience in advisory and managerial roles, in both the public and private sectors, as well as your experience working in the health care sector, will make you an invaluable new member of the Fair Work Commission. Deputy President Beaumont, on behalf of the Australian Government, I congratulate you on your appointment and wish you well with the task ahead.

PN13

May it please the Commission.

PN14

JUSTICE ROSS: Mr Knott.

PN15

MR KNOTT: Your Honour, members of the Bench, if the Commission pleases. I, too, would like to show my respect and acknowledge the traditional custodians of the land and their elders, past and present. One of the advantages of going second, is the former speaker has covered many of the issues, so I won't traverse all the career issues, but I'd also like to acknowledge your family members that are here today and let them know this is not a normal day at work for the new Deputy President. This is about as popular as she is going to get, particularly in this new role.

PN16

I am here in the capacity of a Board Member of ACCI on behalf of the fellow Board Members at ACCI. They wish to pass on their congratulations to you, as does former CCIWA CEO, who is now the Chief Executive of ACCI, James Pearson and their Workplace Relations Director, Scott Barklamb, who you got to know during your time with the AMMA Board Reference Group that was mentioned.

PN17

I went around and did a little bit of research on people that have worked with you in the past and I've got to say it was totally boring. The common themes were very smart, professional, hard-working, devoted mother, fitness and food fanatic, good sense of humour, doesn't suffer fools lightly and a delight to work with. That's read right across your career from nursing, the law and at Fortescue Metals Group.

PN18

I should also acknowledge and I won't go and acknowledge too many other people that are here today, because it will take up the rest of the morning, but I'd like to acknowledge the WA Minister for Mines and Petroleum, Commerce and IR, Electoral Affairs and Asian Engagement, the Honourable Bill Johnson who's here today. Also, your former boss, who I noticed wandered in, the Chief Executive of FMG, Nev Power. When I saw him walk in, I thought I'd go and check the text message and what did he say about your appointment. I quote from a text from Nev -

PN19

It is a great appointment for her. We are very proud of her, she will do a great job. Nev.

PN20

I think that is typical of anybody that has worked with you to attest to your qualities as a person. It's been referenced in your career in the WA Department of Cabinet and Department of Health, Blake Dawson Lawyers, HLS Legal and your 11 year career as a nurse. All those qualities will stand you in good stead in this role.

PN21

From the people at Blake Dawson Waldron, their view was that you had not only been an outstanding student of the law, you did excellent work while you were working for them. I think the subtext of that is that your billables were at a satisfactory level while you were working for them.

PN22

I didn't really get to know you until your involvement with AMMA's Board Reference Group. I recall being over at Southbank and seeing a group of employee relations professionals from around Australia and the legal practitioner from one of the blue-chip law firms that was chairing the session. I went up to him and said who's the lady from Fortescue Metals Group? Because your input was on the money, you knew the legislation, when you spoke people listened and that was a continuing theme during the four to five years that you were on the AMMA Board Reference Group.

PN23

Your role at Fortescue Metals Group has been referenced in terms of negotiating the Fortescue Metals Group Team Member Agreement 2013. Just to give a bit of background on that, and I'll use the summary name of the unions, because that will take up a long time to read them out in full. Some of the older members of the Bench would understand these acronyms, but the CFMEU, the ETU, the AMWU and the AWU. But not only were those four unions involved, there were 81 employee bargaining representatives.

PN24

The classification groupings for that agreement related to services, mining and haulage, locomotive drivers, processing and maintenance trades. It was very much a broad church of people that you needed to deal with on a fairly direct basis, and in a fairly short period of time, the negotiations were concluded in six months. The agreement was successfully voted upon and endorsed by all unions and the bargaining representatives at the first vote.

PN25

I do note that agreement is up for renewal, so I'm sure you've left the renewal processes in capable hands and I look forward to watching that work that you did from a foundational point of view continue going forward.

PN26

Your colleagues in private practice have described you as a strategic thinker and a tremendous capacity for work. Your colleagues at FMG spoke about your extraordinary intellect. As I mentioned before, blistering frankness, that will no doubt be appreciated, not only by your colleagues, but also those people who appear before you. So, when trying to put on notice some of the advocates that may appear before you, my mind sprung to another well-known advocate, Pauley Parrette. That might be a guide, because I expect no stone will be left unturned when things are being put before you. For the representative that's underprepared, I'm sure you will bring those things up in a diplomatic way before the respective advocates.

PN27

It's incumbent upon the Commission and its members to resolve quite complex and sometimes deep-seated disputes. When I asked your former employer to give an example, did you have any left of centre ways of dealing with disputes, they relayed a situation where you required two males who were involved in a professional rift to compliment each other on their boots. I'm advised this tactic works very effectively when the parties to the dispute were wearing the same boots. That professional dispute was resolved fairly quickly.

PN28

I'm also told that you have a love for chocolate and make a mean homemade rocky road. There was a period of time that you had brought in entire bowls of rocky road into work, but this apparently stopped when you ate so much of it, you had an allergic reaction.

PN29

I understand you have a love for competition and will take up an opportunity to compete, whether it's personality assessments, competing in team building activities, hot cross bun baking competitions, leadership presentations, as I've mentioned and your capacity to throw yourself into fitness activities which I understand the lady, Meredith from the WA Trades and Labour Council also has a passion for fitness as well, so we'll hear from her shortly.

PN30

Your former employer, as you would know, Deputy President, FMG is an employer who I have enormous respect for and they came from a start-up to become the third largest producer of iron ore in Australia. It is a company that boasts strong social leadership as demonstrated to its commitment and achieving a billion dollars' worth in contracts awarded to Indigenous businesses. It has received widespread praise for their Trade-Up program and other initiatives that you have been involved in. They're very much part of an organisation in the resources sector that is viewed upon as a success by other participants, and you've been part of that very closely over the last few years. I'm sure that will make you well-placed to bring some of those learnings to the Tribunal.

PN31

I think in conclusion, I have absolutely no doubt that you will be an awesome member of the Fair Work Commission. I commend the Minister for Employment and Workplace Relations and the Minister for Women in terms of the quality of candidates that she placed on the Tribunal in recent years and you are a continuation of that approach.

PN32

I wish you all the very best in your role as Deputy President of the Commission. If the Commission pleases.

PN33

MS HAMMAT: Good morning, I'm Meredith Hammat, I appear today on behalf of the Australian Council of Trade Unions and Unions WA. Can I again apologise for my late arrival at these proceedings?

PN34

Members of the Commission, Deputy President Beaumont, your family and other invited guests, it's a great pleasure to be here today to welcome you to this very Australian institution, the Fair Work Commission. Congratulations and welcome.

PN35

You've joined a unique Australian institution that continues to uphold a longstanding Australian system of workplace and industrial relations. It's 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.

PN36

It's an industrial relations system that is always recognised, that work and work relations are not just part of our economic story, but they are also part of story of our society and they're part of the story of our community as well.

PN37

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.

PN38

This approach has been good for the economy; it's contributed significantly to improving living standards for workers and their families and it has ensured a degree of economic equity across our nation. You are, however, joining this Commission at a time of great change. Not just in the Western Australian economy and not just in our industrial relations system.

PN39

We've already seen significant change in the industrial relations system over the last 20 years and for those in the room who think about the employment relationship and what it will look like in the future, we understand that the next 10 years or so, will bring a whole range of new challenges, not just for the Commission to face, but for regulators and for practitioners in the industrial relations system, as work is changed, as the employment relationship is challenged and it's redefined and it's 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.

PN40

Deputy President, you're well known for your involvement and commitment to the profession and industrial relations generally. You have a keen interest in advancing the interests of our collective understanding of industrial relations and of the law, and you come to this Commission with an outstanding career.

PN41

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. On behalf of the Trade Union movement, can I welcome you to your appointment. I'm confident that as long as this institution remains committed to being guided by equity and the merits of the case before it, that you'll make a valuable and substantial contribution to preserving and promoting fairness in our workplaces and productivity as well.

PN42

If it pleases the Commission.

PN43

JUSTICE ROSS: Deputy President Beaumont.

PN44

DEPUTY PRESIDENT BEAUMONT: Thank you President, Mr O'Sullivan, Mr Knott and Ms Hammat for your kind words.

PN45

Welcome family and friends to today's ceremony and thank you all for coming. I want to open by talking about a book written by David Brooks, The Road to Character. Borrowing from Rabbi Joseph Soloveitchik's concept, there are two parts to our nature. Brooks modernised these and referred to them as Adam one and Adam two, but equally they could have been Anna one and Anna two.

PN46

He saw Adam one as the career orientated, ambitious side of our nature, the external, or resumé Adam, wanting to build, create, produce, discover and in the process, likely producing copious excel spreadsheets. High status and winning victories gives Adam one that frisson of excitement.

PN47

Adam two however, is the internal part of us that has a drive to want to understand between right and wrong, to sacrifice self in service to lead to a path that is humble and self-effacing, to show great integrity, self-discipline and determination with a goal of achieving inner constancy but realising only too readily, that we arise from crooked timber, as Kant would say.

PN48

Brooks examined the lives of some notable individuals, providing a detailed exposition of their character development. A couple of years after writing the book, Brooks was interviewed. He said something quite profound. While writing on the accretion of moral virtues for each of the individuals, he had paid perhaps, insufficient attention to the significance and contribution that personal relationships had had upon them. Brooks admitted something so very fundamental to how our character develops - personal relationships.

PN49

The Commission is a service provider of decision, recommendation, opinion and order. That is of course, a simplistic synopsis because it fails to cover the large contingency of work undertaken by a department such as Tribunal Services. But in essence, the community relies upon the Commission to provide accessible justice in workplace relations and the delivery of consistency and even-handedness in its decisions.

PN50

Even-handedness probably underplays the responsibility that the Commission has. There is no doubt that members of the Commission are bound to act judicially. In that sense, they are obliged to respect and apply judicial notions of procedural fairness and impartiality.

PN51

Adam one attributes are a necessity for any business, whether in the private or public sphere. The provision of a service by the most efficient means is desirous whether a shareholder, a taxpayer or a member of an organisation. However, the Adam one attributes in isolation will not suffice. Where the service provided is, at its essence, reliant on judgment, then much is dependent on those entrusted with that privilege.

PN52

Characteristics that one attributes to Adam two, humility, a sense of right and wrong, wisdom, fortitude, and as Brooks would say, the moral quality of knowing what you don't know and figuring out a way to handle your ignorance, uncertainty and limitation, are pre-requisites.

PN53

We come back then to where this narrative started and that is with thanking all of you. Brooks quite rightly identified that good character development, which I say is required for sound judgment, hinges on the relationships we have with others. Your presence here today is not because of some semblance of etiquette or courtesy, but because I genuinely admire your character and am so very thankful for your input into mine, albeit we likely still have a bit of work to do.

PN54

You engender those qualities that simply make you good people, a goodness that is neither ephemeral nor quixotic. Your integrity is something that I strive toward and for some of you, particularly my children, you give me purpose. I am forever grateful to have been appointed to this position and to be surrounded by people who are wise, sincere, abundantly intelligent, determined, generous, kind of heart, humorous and importantly, humble.

PN55

With that, I have nothing else to say but thank you. Arguably, I think that would have sufficed from the outset, but I appreciate that at a ceremony, additional words are required. Thank you, David Bradbury for your always wise advice; it's not about you Abbey. All I can say is thank goodness for that.

PN56

May it please the Commission.

PN57

JUSTICE ROSS: I'll shortly invite the Deputy President to take the affirmation of office. She has already formally done that, for those of you who have appeared before her and are worried about whether she's been lawfully exercising her authority. But it's important that the affirmation be taken on this public occasion, because the oath or affirmation represents the contract between members of the Commission and the community that we serve. It is our promise to you that we will faithfully and impartially perform the duties of our office.

PN58

DEPUTY PRESIDENT BEAUMONT: I, Abbeygail Beaumont do solemnly and sincerely promise and declare that I will bear true allegiance to Her Majesty Queen Elizabeth the Second, 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.

PN59

JUSTICE ROSS: We'll now adjourn. Thank you.

ADJOURNED INDEFINITELY [9.35 AM]