PN1

VICE PRESIDENT HATCHER: Welcome, everybody. Before we begin, I would like to acknowledge the Gadigal of the Eora Nation, the traditional custodians of this land, and pay my respects to the Elders both past and present.

PN2

This ceremony today is for the purpose of acknowledging the appointment to the Fair Work Commission of Deputy President Easton. I welcome the Deputy President's family, speakers of the bar table, and all the other guests present.

PN3

I will now ask Mr Hehir, Deputy Secretary for Industrial Relations in the Attorney-General's Department, who is representing the Minister, to address the commission first. Mr Hehir.

PN4

MR HEHIR: Good morning, Vice President, members of the Fair Work Commission, representatives of the industry, the trade union movement and the legal profession. I particularly welcome and acknowledge Deputy President Michael Easton and members of his family on this significant and happy occasion. I appear today representing the Australian Government and the Attorney-General and Minister for Industrial Relations, Senator the Honourable Michaelia Cash. The Attorney-General apologises that she is unable to be with us today to welcome Deputy President Easton.

PN5

The Fair Work Commission, like Fair Work Australia before it, is required to perform functions and exercise powers under the Fair Work Act 2009. 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. The Fair Work Commission and its predecessors have played an important role in shaping Australia's industrial landscapes 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, the National Industrial Relations legislations covers the majority of Australian workplaces. The decisions of this commission have broad-ranging impact throughout the country. The appointment of Deputy President Easton will contribute to the vital role that the Fair Work Commission plays in ensuring that our industrial relations system operates in a fair and transparent manner, and promotes cooperative and productive Australian workplaces.

PN6

Deputy President Easton, your appointment commenced on 7 April 2021. You have been appointed to perform the full range of the Fair Work Commission functions. You bring long experience in industrial relations issues, both at a practical workplace level and in dealing with high-level, complex legal issues. This will be very valuable to the community that is served by the work of this tribunal. The balance and fairness of the system depends on the integrity and skills of members of the tribunal. You are noted for these attributes, and will no doubt make an important contribution to the work of the tribunal for years to come.

PN7

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

PN8

Deputy President Easton, on behalf of the Australian Government, I congratulate you on your appointment. I convey our good will, and wish you well in the exercise of the responsibilities of your office. May it please the commission.

PN9

VICE PRESIDENT HATCHER: Thank you, Mr Hehir. I now call on Mr Ward, representing the Australian Chamber of Commerce and Industry and other employer organisations.

PN10

MR WARD: If the commission pleases. On behalf of the Australian Chamber of Commerce and Industry, its members and all employers, I congratulate you, Deputy President, on your appointment to the commission. But I have some appreciation that the Deputy President has aspired to be a member of this commission for some time, simply because in his eyes, it is something to aspire to. It is an opportunity to further contribute to the world of workplace relations. His appointment is deserved and welcomed.

PN11

I have had the personal pleasure of knowing the Deputy President for quite some time, dating back to a time before he was a barrister. I took a small moment this week to reflect on advices that the Deputy President provided to me personally in many capacities over the last 30 years, and I surprisingly kept a very large library of those advices. What struck me most was that in his early career, he worked extensively with people such as Peter Kite SC; Ralph Warren, who is here today; John Gallagher SC and Garry Hatcher SC, and I formed the view that it was quite apparent that he learnt his craft well, and from some of the most learned counsel of their generation. He also cut his teeth in the world of arbitration, where arbitration was the norm, not the exception. But he understood from an early age that a good settlement was often better than a passable judgment for his client.

PN12

He brings to this commission many valuable attributes. He has an affability, and young advocates in particular will feel comfortable appearing in front of him. He has an energy for work. He has a keen and enquiring mind, and he has a practicality to try and find a path that does not always involve the win/lose outcome. As the world of work becomes even more complex, and sadly, the broader world of industrial relations seems stuck increasingly in a binary paradigm, these skills will be needed and of great value to all industrial parties, employers, employees, trade unions and individual applicants.

PN13

We wish you well for this next exciting chapter of your career, and we know that you will fit into the fellowship of the commission's members with ease. Congratulations, Deputy President. If the commission pleases.

PN14

VICE PRESIDENT HATCHER: Thank you, Mr Ward. Mr O'Brien, on behalf of the Australian Council of Trade Unions.

PN15

MR O'BRIEN: Thank you and good morning. If the commission pleases. Members of the commission, Deputy President Easton and your guests, and all of those joining us here today, I would like to start by acknowledging the traditional owners of the land on which we meet, the Gadigal people of the Eora Nation. Like the institution that we appear before today, the traditional owners and custodians across this country continue to play an integral role in shaping our nation, and I acknowledge them for this role, and their elders past and present.

PN16

It is my honourable duty to acknowledge Deputy President Easton and congratulate him on his appointment to the commission on behalf of the Australian Council of Trade Unions, our affiliates, and the working women and men of this nation. Your experience in and commitment to the law will ensure that you carry out your duties here as Deputy President with the independence and integrity essential to the commission that Henry Higgins called, over 100 years ago, "the new province for law and order." Deputy President, the overwhelming majority of ordinary Australians will never walk through these doors; however, the decisions made in this place will impact them greatly, and we know that you will bring your considered views to those decisions.

PN17

We have been through a year like no other in our history, and the ongoing social and economic threat posed by the global pandemic is still with us. Relative to the world, Australia has done well in protecting the health and welfare of our people. In large part, our success is due to the great public institutions and the trust people have in them, and this commission, along with its social partners, played its role in guiding Australia through the worst health and economic threats of the pandemic. The trusting relationship between the people and the institutions that govern them is precious, and the ACTU welcomes you as Deputy President in continuing to protect and to nurture that trust. Thank you.

PN18

VICE PRESIDENT HATCHER: Thank you, Mr O'Brien. Now, Mr Shariff of senior counsel on behalf of the New South Wales Bar Association.

PN19

MR SHARIFF: May it please. If the commission pleases, I, too, acknowledge the traditional custodians of the land on which we meet, the Gadigal of the Eora Nation, and pay my respects to their Elders past, present and emerging. On behalf of the New South Wales Bar Association, and personally as your former colleague and hopefully an ongoing friend, it is a pleasure to welcome your appointment, Deputy President Easton. You bring to the commission an abundance of knowledge and experience of employment and industrial law.

PN20

Swearing in speeches are a means by which to congratulate the appointee, with due artistic licence, if you might indulge us. They are also an opportunity to state on a public record what the community may come to expect of the appointee, and to reinforce the confidence that has been placed in you by the executive, and from those of us who know you. For me, they are a rare opportunity to appear in this place without seeking permission to appear; without receiving the usual refrain that leave is granted subject to further order. Nevertheless, I studied closely again section 596 of the Fair Work Act and realised my application for permission to appear would fall in vain, especially for the likes of Vice Presidents Catanzariti and Hatcher.

PN21

Addressing the criteria first, would my appearance enable the matter to be dealt with more efficiently, taking into account its complexity? No. We all know that barristers are not efficient. That is a rare concession we will make. But frankly, there is no complexity to this application as it is a rubber stamp approval and universally welcome. It has no one key point, and there is no need for anyone to explain this appointment or application to any employee or employer, and there is no need for undertakings to patchwork over the application. Second, would it be unfair not to allow the person to be represented because the person is unable to represent himself? No. You are one of the finest advocates from the New South Wales Bar, and we are very proud that you can represent yourself. Third, would it be unfair to not allow the person to be represented, taking into account fairness between the person and other persons in the same matter? This was a difficult one, because you have got some formidable colleagues in the same matter. But you are up to it, and you are equal in their measure. Alas, it would seem my first application before you, Deputy President, is doomed to fail, like many I have made here before. But I will continue at the risk of contempt.

PN22

So, what can the community actually expect from you? They can expect a fierce intellect and proven expertise over many decades. Your service to the New South Wales Community well and truly predates your call to the New South Wales Bar. You had been an industrial officer for a decade from 1990, first with the New South Wales Motor Traders' Association, then the New South Wales Traders' Association. I note that your former boss, former Commissioner Ritchie, is here. And then for Australian Business Lawyers before becoming a solicitor and moving into a senior associate role at what was then Middletons Moore & Bevins in 2000 until it became Acuity Legal.

PN23

When you were called to the bar, you joined Frederick Jordan Chambers in what was then known as the west wing on level 1, which was a nest of specialists of industrial and employment law. After you were called to the bar, you became a reader with Ray Moore and Ralph Warren, who is here, at Frederick Jordans Chambers before securing a room in the west wing in 2005. It was a modest internal room, with only a window looking into a stairwell, but saw you surrounded by great mentors and colleagues with whom to talk through cases and, where possible, go out for lunch at Chinese or Japanese. At Frederick Jordan Chambers, there were the likes of Bob Buchanan QC, who went on to be an appointee as a justice of the Federal Court and a presidential member of the AAT; Peter Newell and John Murphy, who later became industrial relations commissioners; and Peter Kite of senior counsel, who became the first chief commissioner at the Industrial Relations Commissioner. Of course, you also shared that wing with a then little-known barrister who took over Bob Buchanan's chambers. I have forgotten his name, but apparently he parted the Red Sea. I cannot see him here this morning and I do not know where he is, but I suppose if you read the morning papers, he would be telling the reporters where he was.

PN24

Deputy President, I gather you are a pioneer of sorts at Frederick Jordan Chambers, as the first to adopt two large computer screens for your desk, which had the appearance of a control centre for foreign exchange trading. It was a very well-organised and extremely neat control centre. Your briefs were always carefully placed, desk clear, and books in order, a degree of neatness somewhat unusual for a barrister, no concessions made. For 11 years you were neighbours in chambers with Stan Benson, another vastly experienced and respected barrister, who is also here today. And your mentorship from the likes of Gary Hatcher of senior counsel and beyond Frederick Jordan, including from senior solicitors such as Malcolm Davis, was beyond comment. More recently, you joined State Chambers, with its towering vistas over Sydney, and the eminent counsel there soon became your close friends, and it is hard not to.

PN25

So, what can the community expect? They can expect from you collegiality. During your time at the bar, including at State Chambers and Frederick Jordan, you showed an awareness and fulfilment of obligation and collegiality and adopted no arrogance. Known to be fair and undemonstrative, you were never heard to speak badly of anyone in public. When you found merit in a person, you would persist with friendships, and even when a person was widely dismissed, you would stick to your own intrinsic belief about them. You always gave time, the most precious thing that a barrister has, to colleagues who were experiencing personal difficulty. The bar, as you know, can be a stressful place, and when you saw a friend or colleague suffering, you would give them your time. A mark of your loyal and enduring friendship is the work you have done to assist in motor neurone disease in support of the late and great friend of all of us, Peteris Ginters. Robert Reitano, Ian Neil of senior counsel, Ingmar Taylor of senior counsel and others, including you, have led the charge to ensure that that cause endures. We all know how proud that Peteris would be of you on this occasion, and he would want you to celebrate in the suitable style with a Chinese meal. Able to take a joke, you took well the friendly jibes that came your way in chambers and in court.

PN26

The community can also expect a depth of knowledge. Your practice speaks for itself. You establish specialities in every aspect of industrial and employment law. They can also expect an outstanding approach to the resolution of disputes with humanity and warmth which you have demonstrated with clients. You earned a reputation for being level-headed and focused on issues and outcomes, not personalities or glory-seeking. You became a counsel of choice for the Crown Solicitor's Office Industrial Section, who respected your abilities. You did so through preparedness with paperwork and exercising your specialist knowledge, alongside very senior Crown Solicitor personnel, and I note the presence of Chief Commissioner Constant, who pays you the honour of being here today.

PN27

Available at short notice, you assisted with emergency measures such as making appropriate and effective applications for interim orders. This seemed inevitably to occur on weekends or public holidays, including one on Christmas day. Your knowledge and consideration of legislation dealing with essential services was second to none. When you had wins, they were not flamboyant successes. You always upheld the code of ethics of the Crown, acting with integrity and professionalism and never with a mindset of winning at all costs. In conferences, you had a calm head and ability to take the temperature down. You have been described as laconic and laid-back, balanced and fair-minded, reasonable and relatable.

PN28

The community can expect an impartial and independent mind. When appearing in tribunals and courts, you were known for being helpful, efficient and courageous. There is an example of you having declined to make an application before the New South Wales Commission, an application which your client pressed, but which was without any prospect of success, and you duly told them that. When senior counsel was brought in to make the application, it inevitably failed. As an opponent, and speaking from personal experience, you are always polite. You have always behaved with scrupulous fairness, never pulling a fast one with either an opponent or a trier of fact. There was no sleight of hand in your advocacy. An admired characteristic of yours is to pause before responding, or a seven second delay. You would always say, "Yes, but on the other hand." "Yes, but do not forget." And that is a mark of your character. You are highly respected by all members of industrial commissions and the courts.

PN29

People can also expect that you will make an easy transition to your new role. You bring a wealth of experience as an industrial officer, solicitor and barrister. You have never stopped learning, and you will continue to develop your knowledge and skills. Industrial practice is perhaps more than anything outside criminal and family law about people. It is thought you will not rush to any judgment, but will consider matters on their merits. You will listen to everyone equally, not prejudge any matter.

PN30

The community can also expect a loyal family man and friend. In the collation of insight and anecdotes about you given by colleagues and friends, the one thing that stands out is your commitment to family and faith. You are involved in the Anglican Church as an active member of the House of Laity for Sydney and Armidale, including most recently as vice chancellor. And yet, one wonders if you have an alter ego as a rock god, as I am reliably told you are an enthusiastic rock guitarist. You are modest about your skills, like in every facet of your life, but I am told you are quite remarkable. And apparently you can sing Leonard Cohen's song Hallelujah, and play it, and tell the true story of it.

PN31

You have shared your love and knowledge of music with your daughters, who you affectionately call Princess 1, Princess 2 and Princess 3, otherwise known as (names redacted). We acknowledge your wife, (name redacted), who has supported each of your study and vocational moves, at times with very young children to care for. When you were studying for your law degree your daughter, (name redacted), was born, and was then nine months old when you held her at your graduation. When you were studying for the bar exam and moving to private practice, your youngest, (name redacted), was only a newborn. (Name redacted) returned to work with three children under the age of four during an uncertain time. You made it a habit to get home in time to spend quality time with your family when most barristers shunned the dreaded witching hour, and you have encouraged others to do the same, including me, for which I will be forever grateful. You are in your 30th year of marriage to (name redacted), and you still call her the bride, although that nickname may soon change by necessity as your eldest daughter, (name redacted), is becoming a bride to her fiancé, (name redacted), who is studying law and economics, which was also your first undergraduate degree, so there somewhat cyclical and poetic about the next generation of your family.

PN32

What the bar is losing, and the commission and the broader Australian community is receiving, is an outstanding mind, and most importantly, a person we can all reliably characterise as a quintessentially decent person, with all the integrity, wisdom, warmth and humanity that instils confidence in the rule of law and the administration of justice. You join an institution, as has been commented, has held its current title as the Fair Work Commission in relatively recent times, but it is an institution that has been part of this nation's economic and social compact since the inception of federation. It was regarded as one of the four pillars of the Australian settlement. Each of the other three pillars has been dismantled, and though the institution no longer has certain functions, it has accumulated others that are integral to the community and the economy. But when one speaks of institutions, it is easy to think of them as some abstract concept, or as bricks and mortar. They are not. Institutions as permanent and important as this one ultimately inspire confidence because of the people that make them tick.

PN33

So can I say on behalf of the New South Wales Bar Association, and also personally, that your appointment is to be commended. We have no doubt you are in essence the type of professional and person that is the personification of the institution. You are highly regarded by colleagues and loved by family. Your appointment has been warmly welcomed. On behalf of the New South Wales Bar, I extend my congratulations to you and best wishes in your new role. May it please the commission.

PN34

VICE PRESIDENT HATCHER: Thank you, Mr Shariff. I will now invite Deputy President Easton to respond.

PN35

DEPUTY PRESIDENT EASTON: Thank you. What a day. I guess it is too late to stop now. So thank you to the speakers today, particularly my long time friends, Mr Shariff and Mr Ward. I got a little worried when you were referring to personal advice that I have given you, because I do not recall ever doing that, but I do recall in the 90s being an industrial officer cutting my teeth in the state commission, and the two main players for the employer side where the fed and the chamber, and Nigel was the man at the fed. And I remember watching Nigel very carefully and trying to learn from him, and I am chuffed that he is now speaking today. And my good friend, Mr Shariff, who is already a leader of the bar, and I think he is destined for the stratosphere. And I congratulate you on your appointment last year to senior counsel, and I thank you for your words today as well.

PN36

I acknowledge that we are on the traditional lands of the Aboriginal and Torres Strait Islander people, and I pay my respects to elders past, present and emerging.

PN37

I want to take this opportunity to thank a number of people who have made a significant contribution to my 30 years or so in industrial relations and my time as a lawyer. The first few I will acknowledge in order of importance, and then I will try to move to chronological.

PN38

The first I must acknowledge is the God of all things. It is no secret that I am a Christian, and an active one, and when I look back on the 30 years of industrial relations and 50 years of just living, and through the chaos and the challenges and the triumphs and the turmoils of life, I am completely convinced that there is a God, and that there is a plan, and that God is good. So I acknowledge that now.

PN39

Next, I acknowledge my young bride, with whom I have been married for 30 years. I know that this speech is going out on the interweb, and a transcript of today will be on the net as well, so I am not actually going to name her. But we all know who I am talking about. She is my best friend. She has been my partner through the whole career. I am not going to look at it now. She is a successful and excellent educator in her own right, and I am proud of her. She has backed me all the way through; most importantly back in 2003 when, after speaking to Ralph Warren, I came home with stars in my eyes, saying, "I want to go to the bar." And we had three kids under four, and now I think about that as a ridiculous decision. But she bravely trusted me, and she got advice from a friend that said, "Well, what do his eyes look like when he talks about going to the bar?" And (name redacted) said, "They light up." And the friend said, "Well, you have got to let him go." And so she did, and here I am.

PN40

I want to acknowledge my three precious girls, Princesses numbers 1, 2 and 3, who for the last 21 years have helped me to keep it real. Early in my career at the bar, the most important and rewarding Full Benches that I appeared in front of were at home before Princesses 1, 2 and 3 at the kitchen bench. And I sharpened my skills on conciliation and negotiation about important matters such as who got the Barbie plate, and why they should just eat the toast, even though it is cut up in soldiers, not triangles. And many of those skills have been transferrable into industrial relations. They still keep me real. And recently I was telling them about my plan to sneak song lyrics into published decisions from time to time, and their initial reaction was, "That is really cool." And then one of them said, "But do we have to read your decisions, then?" And then it was not so cool. All three of them are capable, resilient, intelligent young adults, and they will be fiercely effective in their chosen fields. None of those will be law, and that is just fine, but they are chasing their own dreams. And I am very proud of them. We are very proud of them. And as Mr Shariff mentioned, one of them is getting married next year, and that is a whole new world, but it is exciting. And when young (name redacted) gets his law degree, I will be knocking on some doors for someone to give him a job, so be ready.

PN41

I want to acknowledge my parents. They are both here today, which is fantastic. Neither of them went past year 10 at school. Both of them had highly successful careers in their chosen fields, and they have backed me always. They have always worried that I have worked too hard, but they are proud of me, and I am proud of them.

PN42

Now moving to some significant people to acknowledge in chronological order. The first one is Commissioner Peter Connor, known to me as Commissioner Uncle Pete because he is uncle of a good friend of mine. And Commissioner Uncle Pete was passionate, devoted, a devoted member of the commission who just loved his job. And he was generous with his time, particularly with a young advocate that thought he knew everything, and it was is infective enthusiasm for the job that actually made me first want to go to the bench all those years ago. So thank you, Commissioner Uncle Pete.

PN43

Next, I need to acknowledge David Ritchie, who was my boss at the Retail Traders Association before he became Commissioner Ritchie. And the best advice, which I still quote from time to time, that David gave me was when I used to come in with problems and maybe a complicated matter, and he would get his notepad out and a felt pen. And he would say, "Righto. Let's write out the options." And then he would start writing. "Number 1: do nothing. Number 2: what have we got?" And then often by the time we went through options 2, 3 and 4, we ended up coming back to option 1. And that process still, I think, is a useful one to apply today. He still greets me to this day with a big smile, and says the words, "My son." And I am proud of that. He is a man with daughters, but I am proud of the friendship and the time that I have had with him.

PN44

After finishing my law degree, I was blessed to work very closely with Malcolm Davis and Garry Hatcher, senior counsel, when I was at Middletons Moore & Bevins, and they both turned me from an industrial advocate into an employment lawyer, and I think that was a fundamental transition in my career. And Garry Hatcher SC has travelled today from far North Queensland to be here, and I thank him for that as well.

PN45

And there are a number of people at the bar that I need to acknowledge and thank. Firstly, Ralph Warren, who is here today and was, when I was cutting my teeth, the busiest and best senior junior at the Industrial Bar. And he was an excellent tutor and advisor to me, and he was the one who first suggested that 2003 was the right time to go to the bar. So that was your fault, Ralph. Secondly, Ray Moore, who was my other tutor in my reading year. Ray taught me how important it was to be across the details of my brief, and he was and still is incredibly generous with his time in steering a very green new barrister through troubled waters. So I thank Ray. Ray is busy in another place today and could not make it. I must acknowledge my next door neighbour of 11 years in Frederick Jordan, Stan Benson. He is a thoroughly decent and honourable man, and a good friend. So many times over the years I would wander into Stan's room and say, "Stan, I have got this case. I have got this idea." And I would start going through it with Stan. Often he would frown a bit and say, "I am not sure that that is a good idea", which basically meant it was a terrible idea. And Stan and I were good friends over a long period of time, and I am glad that he is here today, as well. Peter Kite could not be here today, but it was a privilege to work with him in Frederick Jordan Chambers as a colleague, and then also to appear regularly before him when he took an appointment to the Industrial Relations Commission and also as the Chief Commissioner of the Commission. And he was particularly patient and gracious with me over a long time, and when he was the Chief Commissioner and I was down there for the government quite regularly. He was particularly gracious when I was briefed to deliver special sandwiches to the Chief Commissioner from the government, and also equally when I was briefed to receive special sandwiches from the commission because my client had behaved badly. My good friend, Peter Newell, is hopefully watching online from Odessa today, and we remain close and good friends. And despite the distance, I rely heavily upon him for his advice and wisdom over the years. So I acknowledge him. And in recent times, in state chambers, I have thoroughly enjoyed my time with the industrial folk and the rest of the members of state chambers, and I value that time as well.

PN46

I have loved being part of the industrial bar. It is hard work being an employment lawyer, and lots of employment lawyers are hard work. And most people at the industrial bar are good humans and excellent to work with and against. and I acknowledge my regular opponents that I count as friends. I am not sure whether I am doing them a favour by naming them here or not, but I particularly recognise Robert Reitano and Jim Nolan, Tony Slevin, Mark Gibby and Ian Latham, and recently Lucy Saunders as well. It is important in the industrial bar, because it is not that big, that people need to be able to trust each other and cooperate. And those regular opponents of mine, I have valued immensely in that very opportunity to do so. My clerks in chambers, Barry Doorey, Ellie Gillard and Fiona Hayden were fantastic, and both Ellie and Fiona are just amazing women and very good friends, so I recognise and acknowledge them. There are a number of solicitors that I should thank and could thank, and the more that I name, the more I risk will be offended by not being named. But some particular long time friends I do want to acknowledge, starting with now Chief Commissioner Nichola Constant and also Marina Rizzo at the Crown Solicitor's Office. And we were doing important matters often under significant pressure, and I count them both as long time dear friends. Shawn Skyring is here today. Shawn and I kind of grew up together in this field, where we were both industrial advocates in the 90s and then studying part-time, and then making our way as employment lawyers. And I count him as a good friend. Nicole Dunn, who I have worked with regularly, who I think is an excellent employment letter. Christa Lenard and others. I really do not want to offend people by not naming them.

PN47

Also I do want to recognise the regular solicitors that I was briefed against, for the same reasons as I acknowledge the barristers that I was briefed against. It is not a big world, the employment law space. But I valued their time and their friendships, particularly Nathan Keats, Alex Grayson, Bill McNally, Michael Jaloussis, Alison McRobert and plenty of others. I want to thank those who told the government that it would be a good idea to appoint me to the commission. I do not want to give any conspiracy theorists too much to go on there, so I will not name anybody there. But I do thank those who went into bat for me, and I thank the government and the minister for appointing me and having the trust. Having the trust to appoint me to the position.

PN48

In my few weeks now in the Fair Work Commission, I have received a generous and warm welcome from all of the members here and all of the staff here, and I particularly am grateful for the welcome and the trust that I have received already from my new boss, President Ross, and also from two leading hands, Vice Presidents Hatcher and Catanzariti, and all of my other colleagues here and around the country.

PN49

I used to go along to swearing in ceremonies as a young advocate, and try and find out as much as I could about the new appointments, just to see how they tick, and try and get an idea of what it would be like to appear in front of them. And I know I have taken too long already to thank people, but I want to offer up a couple of thoughts. I swore an oath of office in particular words, and they included that I would faithfully and impartially perform the duties of the office. And I think that means being impartial to the outcome in each and every case, and to act and to decide matters without fear or favour. So as far as I am concerned, that means sometimes the baddie might win. And whoever you think the baddie might be in any particular case, the worst kinds of judges and commissioners are those that bend the facts of the law to match a desired outcome. I want to have the courage to make decisions, even if the baddie wins, because that is what I am called to do.

PN50

There is a song by Paul Kelly called Deeper Water, and it starts with a boy of five at the water's edge, holding his father's hand to go out into the water. And the boy grows up to be a youth, and then a man, and then a husband, and then a father. And then he is back at the beach with his child, and they are going through the waves to where the water is calm, and the deeper water is calling him on. And that is how I see my career up to this point. There have been opportunities and exciting adventures along the way, and all the while I have been going into deeper waters. It has been calling me on to take new responsibilities and bigger opportunities. And I think I am now entrusted with a significant responsibility here as a member of the commission.

PN51

I think the commission plays a crucial role in Australian society and the Australian economy. And what I think is often at stake in proceedings in the commission is peoples' financial well-being, their jobs, their careers, their businesses, as well as peoples' mental well-being, self-esteem, matters of pride, fear of failure. Mental health issues are prominent in this world of employment and IR. Someone said to me a long time ago that human resources and industrial relations is not about people, it is about systems. Now, the man who said that, I think, was probably the most unpopular IR manager that I have had to deal with, and I think he was 100 per cent wrong about that. I think this field of the law is all about people.

PN52

And so I think there is a significant responsibility for members that sit in my chair here to take that responsibility seriously. I have never taken myself seriously, but I have always taken my responsibility seriously as an advocate, and my responsibilities to my clients, to members, to the court, to colleagues. And sometimes that involved tough love, and sometimes it was just a lot of fun. But there was always responsibility that was called upon to be taken. And the best judges and the best members of the commission that I appeared before were the ones who took their responsibility seriously, and also who showed me respect. And that respect was shown even when me or my instructions did not deserve it. And I want to especially acknowledge the senior members of the tribunals that I have appeared in front of a number of times, and particularly former President Lance Wright in the State Commission, who when I was cutting my teeth, was always gracious and polite, and always prepared to give me a fair hearing. And I valued that at the time, and it stood out for me over the years.

PN53

And similarly, the rest of the heads of the state tribunal over the years: President Boland, Walton, Kite, Constant, and President Ross here in the commission here. I think it is an important role, as I have said, in the system. People appointed to the bench. Part of the way of fulfilling that role is to actually treat the people before you with respect, and allow as best as possible everyone to have an equal opportunity. And when I talk about respect, I do not just mean being polite and using nice phrases. I mean actually respecting the institution that you are appearing in, and the matters that are at hand, and the parties as well. So I will be careful to show respect, and I will expect those who appear before me to show respect, and I will expect them to take their responsibilities to their clients and to the commission and to everybody else very seriously. And if anybody uses the phrase, "With respect", to me, then they do so at their own peril. I only ever said that when I wanted to be rude, and frankly, if you think I am wrong, if you are appearing in front of me, then just tell me. And you better have good reasons, but just tell me.

PN54

And I am excited to be here. It is something that I have wanted to do for a long time. I thought I was ready a few years ago for this role, and I am glad that no one offered it to me, because I can see now that I am pretty much at the right point, if I do not say so myself, to take this appointment. That I am old enough and wise enough, so to speak, to hopefully do a good job, and I am also young enough and stupid enough to want to give it a crack. I am honoured by the kind words that have been spoken today, and I am ready to get on with the job. So thank you, everybody. And in the words of Forrest Gump, that is all I have got to say about that.

PN55

VICE PRESIDENT HATCHER: On behalf of all my colleagues, I would like to congratulate you, Deputy President Easton, on your appointment. I think the speeches made today are a testament to the knowledge, experience and personal qualities which you will bring to the commission. I thank all of those of you who have attended today, both at the bar table and as guests. This ceremony is now concluded, and we will now adjourn.

ADJOURNED INDEFINITELY [9.48 AM]