The Hon. Justice David Chin

all stand and remain standing until the conclusion of the reading of the

0:49

Proclamation ladies and gentlemen the proclamation all persons having any

0:56

business before this honorable court now draw on

1:01

give your attendance and you shall be

1:11

[Music] heard welcome to the ceremony to Mark

1:17

the appointment of The Honorable Justice chin as vice president of the industrial

1:24

relations Commission of New South Wales and Justice of the Industrial Court of

1:29

New South South Wales we are sitting here on the land of the cardi people the gadigal of the uor

1:38

nation I acknowledge their Elders past and present and extend that acknowledgement to all other Aboriginal

1:44

and Tor straight Islander peoples here [Music] today Justice chin when I was told you

1:51

were to be appointed vice president I was overjoyed I could think of no better qualified person nor anyone with whom I

2:00

work more closely your honor you bring to the position many attributes which enhance

2:06

this court legal Brilliance outstanding

2:13

values a warm personality

2:21

height as the published author of a leading employment law text now in its

2:26

Third Edition and a leading industrial silk Q have the perfect credentials I'm so pleased that you have

2:33

accepted this appointment and I look forward to working with you for many

2:39

years Mr

2:46

attorney thank you honor M please the court may I begin by acknowledging the

2:51

traditional custodians of the land of gadigal of the EUR Nation pay my respects to Elders past and present and

2:58

acknowledge original friends and colleagues that are here with us this morning Mr President thank you for um

3:06

the invitation to speak today um your honor Justice chin welcome you here on

3:12

this special day on behalf of our state and of the new South Wells bar it's my great pleasure to congratulate you on

3:20

your appointment today you become a judge of the Industrial Court of New South Wales and vice president of the

3:26

industrial relations Commission of New South Wales may I

3:31

reinforce what um the president has um his honor has just said about being over

3:38

Overjoyed when he heard of your uh appointment it was me that advised him

3:44

of your appointment wasn't he was overjoyed and there are many many people in New South Wales who are Overjoyed

3:50

many of them are here in the court today can I welcome your Honor's wife

3:56

Rachel your mother Lorraine and your father George watching alongside them is your younger

4:02

sister Melissa and niece Olivia also here uh your many friends and colleagues

4:08

others are joining online to celebrate with you today these people have witnessed your accomplished and

4:15

interesting life y you were born in 1970 in EPO Malaysia your father George is

4:22

Malaysian and was an accountant your mother Lorraine is a country girl from New South Wales you a proud heritage

4:30

they met while your father was studying in Sydney and your mother was a switchboard operator at St Vincent's

4:35

hospital they moved to EPO in 1969 you came along a year later and were joined

4:41

by Melissa in 1972 at age one you

4:48

unsurprisingly had a brief BR brush with Fame when you won the local beautiful

4:54

baby competition you followed this up by

5:00

traveling to Hong Kong competing in another one and won that one

5:06

too the prize was a Year's worth of pwed milk you want to I might just take this

5:13

opportunity to just pause and reflect that there are some things in your life

5:19

that you are bound to say only once I think I've just had that such a moment

5:31

life in Malaysia was good swimming was your main activity and you enjoyed being in the middle of a large extended family

5:38

you also a vicious reader you read everything from naria to G's travels and

5:43

the latest sci-fi you described yourself as a responsible child especially as an

5:50

older brother I'll be interested to hear Melissa's take on that later on over tea and cakes in 1978 there was a big change

5:59

you you and your family moved to Australia you first lived in ride before settling in Sun

6:05

IES the adjustment was hard at first Sydney was hugely different from EPO

6:10

this was most felt at school where you remember being known as the kid with the strange

6:15

surname what your classmat soon found out was that you were amazing at sport

6:20

you excelled in cricket rugby league and Rugby Union you quickly made close

6:26

friends alongside your sporting achievements were your academic on you were Junior School captain at Corpus

6:31

Christie and later Vice Captain at St Leo's Catholic college at wunga you loved school and you made most of the

6:38

opportunities there upon graduation you had a very clear idea of your career

6:44

sort of you wanted to work with words first thoughts favored journalism

6:50

or Communications but the law quickly went out the editors the Tabloid it of Sydney were the ones who missed out

6:56

there this interest soon developed into a full on passion as he studied at MCC

7:03

University the class that really caught your attention was employment law because you quickly understood that the

7:10

laws that protect employees and livelihoods impact people's lives in a

7:16

profound way perhaps in a way that no other body of law does he graduated in

7:22

1994 with the Bachelor of economics and Bachelor of laws with honors the same year you admitted as a solicitor in New

7:29

South Wes the next year took you to University of Oxford where you undertook

7:35

a master's of studies in legal research you've described this as an

7:40

amazing experience it was your first time in England and you were in awe of many things particular it's history but

7:48

at the same time you eager to get started with your legal career and so on your return to Australia you became the

7:54

legal officer of the labor Council of New South Wales coinci L your first ever

8:00

appearance in court was at the industrial relations commission you're instantly aligned with its purpose to be

8:07

independent fair and efficient it was also in this moment that you discovered

8:12

how much you love being on your feet arguing a case you loved the flourish you caught the bug for advocacy and it

8:18

was clear that you wanted to be a barrister to be an advocate your journey to the barter when you worked as a

8:24

solicitor at Jones staff and Co now known as MCN Jones staff he you learned

8:31

under the mentorship of The Honorable Conrad staff as many have before you and

8:36

some are still doing now he instantly saw your enthusiasm for the work and you

8:41

were soon running your own cases colleagues offered an example that highlights your exemplary early work it

8:48

was the case of a Fijian man who came to you because he hadn't been paid his wage

8:54

at The Butchery where he worked his boss even went to the the Great Lengths of denying that he was an

9:00

employee thanks to your honors skill and advocacy and passion and flare the man

9:07

was paid his full salary he got what he deserved you ensured that fairness

9:14

prevailed and this case aligned with your desires as an advocate and now as a

9:20

judge to enliven social justice and positively impact people's lives to remedy unfair outcomes for everyday

9:28

people and you've managed to achieve just and fair outcomes for many more

9:33

people in areas of law which span industrial employment law work health

9:38

and safety and discrimination laws across all of those Realms you have extensive experience in these areas

9:45

having represented employees employers trade unions public Regulators in trials

9:52

in in appeals and inquiries you're admitted to the bar in 2001 in New South Wales five Wentworth

10:00

became your home and it's an understatement to say that you thrive there you took silk in

10:07

2019 the breadth of your work as a barrister is extraordinary there are simply too many matters to mention in

10:13

detail but two in particular stand out your honor in 2021 your honor appeared

10:19

with a large team before the high court in one of the largest and most significant employment cases in recent

10:26

memory work packed PT Limited against Rosado and others in

10:32

2021 your honor was arguing about how to determine whether a person was a casual

10:37

employee on this brief description perhaps the gravity of this case is not immediately clear but at the time it was

10:44

suggested that it's outcome would have financial implications stretching it to the billions of dollars for the

10:50

Australian economy and fairness for all casual employees the other case that

10:57

yonos has described as one of the most that you're proud of was in

11:02

2019 where your tyus work led to an agreement with the Department of Education to settle the public service

11:10

association's equal pay case for school administrative and support or SAS staff

11:15

leading to substantial pay increases for historically undervalued staff in their judgment the New South

11:22

Wales industri relations commission noted at the time across New South Wales the Department of Education employ

11:30

about 18,000 full-time SAS staff and about 93% of those roles were occupied

11:36

by women the commission went on to find that the work performed by SAS staff had been undervalued on a gender basis and

11:45

that the consent orders and other measures in this matter were designed to resolve this inequity this was a

11:51

historic outcome rectifying a lengthy period of pay in equity on the basis of

11:56

gender iron was in the thick of it and has has every right to be proud of your

12:01

efforts colleagues and opponents iron have described a number of qualities that pertain to you they know you to be

12:08

calm and measured they say they've never

12:13

witnessed you raised your voice

12:19

unnecessarily your approachable and have formed productive professional relationships and deep friendships with

12:25

many of your colleagues junior members of the bar have just valued your guidance and support describing you as a

12:31

steady hand and a calming voice when they needed one you cherish the opportunities that

12:38

you that have been granted to you to teach others you began as a casual lecturer at the University of New South

12:44

Wales in 2001 this was followed by an appointment as an adjunct lecturer and

12:49

then a senior adjunct lecturer in law at the University of Sydney your writing

12:54

has helped many to understand employment and Industrial law as you want to mention a highlight

13:00

of your contribution to the field is the modern contract of employment written with Ian Neil SC and Christopher Park in

13:07

which is considered the landmark text on the subject the launch of the Third Edition

13:13

was mared only by the inconvenient timing of the introduction of the fairwork legislation Amendment closing

13:19

loopholes Bill 2023 which necessitated a small addendum be slipped into the cover

13:27

I'm told that after the months of of work phone calls and meetings that took to update and perfect the book this

13:33

caused only a small degree of vation amongst you and your co-authors we look forward to the many

13:39

references to your honest judgment that will not our feature in the next Edition Ronald's also been actively

13:46

involved in the continuing legal education of the profession even during the covid pandemic you presented

13:53

multiple seminars on employment rights including a seminar on the guide to the jobkeeper St scheme and a seminar on

14:00

employee rights in the age of Co colleagues highlight your amazing

14:06

legal imagination and your skills in the art of advocacy your attention to detail as legendary you leave your time as a

14:13

barrer with an acclaimed and esteemed reputation as one of the preeminent voices in employment and Industrial

14:22

law success of course as is always the case at these occasions has not been

14:28

achieved alone I know you'd want me to give thanks to many people who have contributed and supported your journey as you will

14:34

endure it yourself shortly Chief amongst them is Rachel of course she's your biggest supporter and you hers she's

14:42

clear in the knowledge that success has not been handed to you she knows the work you've done to get there she's been

14:48

a witness to your early starts a lion is usually 5:00 a.m. God she's been witness

14:55

to your dedication to your clients to go above and beyond your compassion is

15:00

intrinsic she also sees the other side your dedication to family friendships and your nurturing of a balanced home

15:06

life there's nothing you like more apart from reading that taking your dog lucky for a walk hope you don't take I hope

15:13

you don't take him for a walk at 5:00 a.m. you your Fitness has always been important you have a deep love of sport

15:20

you still love Cricket but had to stop playing due to a dodgy

15:25

knee watching it is still a passion however and Rachel offers that the these days there are moments where you're even

15:30

killed nature betrays you the art is too great the game too important the passion runs too deep but your dodgy knew has

15:38

not prevented you and Rachel from taking to the dance floor together I'm to you started ballroom dancing about two years

15:44

ago a loving the experience you have a love of Elvis that borders on the

15:50

obsession and sometimes that perhaps you need singing lessons to sound like

15:56

him your honor there can only be one of us just as there is only one Justice

16:01

David chin the Industrial Court of New South Wales and the industrial relations commission and the people of New South

16:07

Wales are fortunate to have you I know that you're honored by the your appointment that you say that it's a

16:13

dream come true I know from talking to you when I offered you the appointment and from the

16:19

subsequent meetings that we've had after that that you are so excited to be part

16:27

of the reestablishment of this Cor I saw when I first met you um the glint

16:34

in your eye the energy the passion the enthusiasm the willingness to get stuck in to this job uh it's there today for

16:42

all to see and we all know that it will accompany you through a long and

16:48

distinguished career on the bench on behalf of the bar and behalf of the people of near South Wales

16:54

congratulations the honor and thank you for serving may please the court thank

16:59

you Mr attorney Mr

17:04

mcra thank you Ron may it please the court I too acknowledge the gatul of the UR Nation the traditional owners of the

17:11

land on which this court stands and pay my respects to their Elders past and present I acknowledge and extend my

17:17

respect to all Aboriginal and Tor State Islander peoples who are with us here today your honor I am privileged to come

17:22

before the court on behalf of the solicitors of New South Wales to offer congratulations and wish you well in

17:28

your appointment as a judge of the Industrial Court of New South Wales and as vice president of the industrial

17:33

relations commission indeed this week taking in the opening days of this Industrial Court of New South Wales is a

17:40

significant one we are marking the start of a new chapter in industrial relations law in New South Wales almost 125 years

17:47

on from when it first began we are joined today by your Honor's wife Rachel and your family and

17:53

friends who were delighted and deeply proud of you this Pride includes your fathers who recently celebrated his his

18:00

80th birthday with the news that his son was to have the jeal titles of vice president and judge of the Industrial

18:05

Court of New South Wales no doubt a terrific birthday present from the attorney general as we have heard your honor was

18:12

born in Malaysia in 1970 and moved to Australia with your family in 1978 a lifetime of achievement began early you

18:19

were Vice Captain of St Leo's college and developed a fast love for the law upon commencing a double degree in

18:24

Laurel and economics at mcar University and then as we've heard onto Oxford from an early age you believed in the right

18:31

of all of us to live in a fair and cohesive Society after being admitted as a solicitor in June 1994 yon's first job

18:38

as a legal officer was with the labor Council of New South Wales now known as unions New South Wales followed by four

18:45

years as a solicitor with Jones staff and Co it was working across both of

18:50

these roles where yonic was first caught the attention of your former boss The Honorable Conrad staff and described as

18:57

gaining as a in the advocacy bug at the pervading symptom a desire to become an

19:03

advocate as swiftly as possible for your honor wanted to go to the bar early in your career but it was Mr staff himself

19:10

a former judge of the New South Wales industrial relations commission who encouraged you to continue to practice

19:15

your advocacy work and ever growing specialization in work health and safety industrial employment and discrimination

19:22

law 2 and a half years after this initial conversation and the advocacy bug took hold and after running several

19:29

workplace reinstatement cases you were called to the bar in February 2001 with your boss's full

19:35

blessing there honor quickly built a large and highly respected Trade union practice your work in some of the most

19:41

formative industrial cases in Australia has already been covered by the Attorney General but some of these achievements

19:48

bear a quick repeating workpac and Rosato the high court ruling on the common law meaning of casual employment

19:55

resulting in a clarification in definition of what it means to be a casual employ employee the significance

20:00

of this case is apparent in a fair Work legislation Amendment closing loopholes reforms there's also Crown employees

20:06

school administrative and support staff award 2019 as referenced by the attorney general which resulted in rectifying the

20:13

gender-based under valuation in a Workforce which is overwhelmingly female this Landmark case resulted in a pay

20:20

increase for staff of more than 19% and there was ske and work work pack

20:25

propriety limited 2018 regarding compensation and penalty for mischaracterization of employees as

20:31

casual rather than permanent and on which the Rosato case relied and Age Care award 2010 2024 before a full bench

20:40

of the fairw Work Commission concerning a stage three application for wage increases in the age care industry for

20:46

work value reasons and again gender undervaluation throughout your Honor's

20:51

illustrious career at the bar you have appeared in a number of coronial inquests and other commissions of inquiry as well your honor took silk in

20:58

2019 your areas of practice span discrimination Restraint of trade statutory employment rights public

21:04

sector appeals and workplace health and safety through the many matters in which you appeared your honor became renowned

21:11

across the country for your analytical mind as well as your dutiful and fair dealings with your clients your

21:17

expertise across employment workplace and Industrial law has been widely read and appreciated by your colleagues they

21:24

also note your outstanding taste in hag's chocolate alongside Ian neilc and Christopher

21:30

parin as we've heard you were the co-author of the modern contract of employment now up to its Third Edition

21:35

and considered the leading book in this area of law your can no doubt look forward to having this work cited before

21:41

you from time to time on the bench a believer in passing on your distinguished skills to the lawyers of

21:46

tomorrow for many years your honor taught the master's degree in employment law advocacy as an adjunct senior lecturer at the University of

21:53

Sydney your honor is regarded as someone who consistently maintains excellent relations with all of your colleagues

21:59

including your opposing Council despite the adversarial nature of the work as

22:04

one of the most eminent silks in the country those who have worked alongside you say your meticulous and well

22:10

researched submissions will no doubt translate into sound and considered judgments on the bench those we spoke

22:17

with are thrilled to be here today to witness this deserved next step in an exceptional legal career as Mr staff who

22:24

Treasures your enduring close friendship told the Law Society about being here today it is like watching the success of

22:31

your own son on behalf of more than the 42,000 solicitors of New South Wales we

22:36

congratulate your honor on this exceptional achievement and wish you the very best as the court

22:42

pleases thank you Mr mcra Mr

22:48

Costa thank you your honor I also would like to acknowledge the traditional owners of the land to pay my respects to

22:56

their Elders past present and emerging president members of the

23:02

industrial relations commission and the Industrial Court attorney general and representatives of the legal profession

23:09

and to the family and friends of Justice chin it gives me great pleasure to appear today on behalf of unions New

23:15

South Wales and welcome you justice chin on your appointment to the court of industrial relations and the industrial

23:21

relations commissioner congratulations and welcome you have joined the unique New South

23:27

Wales instit tion that's purpose is to uphold a long-standing system of workplace and Industrial relations it is

23:35

an institution that has witnessed considerable change to its role and relevance already in my lifetime there

23:42

has been a distinct shift of the irc's employment and Industrial jurisdiction from predominantly private sector

23:48

employees and employers to now almost solely public sector and local

23:54

government workplaces as part of this shift unions and our members have relied

23:59

on the commission to conil conciliate and arbitrate or facilitate through

24:04

negotiation disputes with predominantly workplaces governed by government

24:10

departments the New South Wales IRC is the heart of an industrial relations system that at its best balances the

24:17

unilateral power of management with the right of employees and their unions to

24:22

utilize Collective action and to access an independent and impartial umpire when

24:27

circumstance aners require it it's an industrial relations system that is always recognized that work and work

24:34

relations are not just part of our economic story but that work is also part of the story of our society and the

24:42

story of our community as well importantly in the context of the public

24:47

sector it is imperative that the evolution of that story recognizes that employees of government controlled

24:53

workplaces are committed Servants of the public never to be considered a

24:58

mechanism for me profit creation but rather recognized for their fundamental role in the delivery of essential Public

25:06

Services the New South Wales industrial relations system at its core is a system designed to acknowledge that all

25:12

workplaces should not just be productive but they should also be fair and our history has demonstrated the Merit of

25:18

having a third party who is able to intervene in the employment relationship in the interests of fairness equity and

25:25

efficiency when circumstances require it this approach when allowed to operate free from excessive political

25:32

constraints has been good for the economy has contributed significantly to improving living standards for workers

25:38

and their families and it has ensured a degree of economic equity across our nation the commission is an old

25:45

institution and it has existed in some shape or form for over a 100 years in the past the tribunal was a venue where

25:51

unions and our members not only sought the enforcement of industrial laws but argued and achieved improvements in the

25:58

condition and nature of work above all the commission has been and still is an institution that both unions New South

26:04

Wales and public sector employers respect to he their Grievances and resolve their disputes in a way that

26:11

upholds the law fairly and justly your on your appointment also

26:16

comes at a time as the nature of work in the public sector is changing over the

26:21

past decade there has been a shift with employment moving increasingly from full-time higher so from full-time

26:27

Direct retire to Outsourcing and Contracting a number of privatizations

26:33

have also seen many former government controlled workplaces move into the private sector and outside of the

26:39

jurisdiction of this place however recent reforms have seen the creation of a new optional

26:44

bargaining stream and the facilitation of mutual gains bargaining promises to Herald a new era of an interventionist

26:51

role for the IRC to facilitate and actively assist willing parties in their award and agreement negotiations

26:59

Justice chin I believe that you will more than live up to the great history and responsibility endowed in this place

27:06

and although I do not know you personally nor have I come into contact with you professionally I can say that

27:11

that faith in you is not blind prior to today's proceedings I consulted with some of my union comrades who know you

27:18

and your professional history better than myself and I'm pleased to say that I was informed that you are well

27:24

respected by all those I consulted as an advocate you have been described as fair

27:29

and compassionate in your interactions with the representatives of unions you have been described to me as

27:35

approachable good natured and polite but not a pushover all qualities which I'm

27:40

sure will serve you in good stead in your new role your honor I believe that you you can live up to the great history

27:47

and responsibility and doubt in this place unions New South Wales welcomes you and I welcome you as a latest member

27:53

to be appointed to the industrial relations court and the industrial relations Commission look forward to

27:58

working with you and appearing before you in this important and ancient institution if the court

28:05

pleases thank you Mr Costa Mr

28:12

ISO I too would like excuse me I too would like to acknowledge the traditional custodians of the land on

28:19

which we meet today the gadigal people and pay my respects to their Elders past

28:24

present and emerging Justice Taylor attorney general

28:30

distinguished guests and ladies and gentlemen I am delighted to congratulate

28:35

vice president chin on his appointment to the Industrial Court of New South Wales and the industrial relations

28:41

Commission on behalf of the employers who appear in this jurisdiction before I commence I would

28:47

like to make a couple of comments about the tribunal itself the New South Wales industrial commission and Court

28:53

represent Australia's oldest industrial tribunal or or jurisdiction dating back

28:58

to 1901 in Years Gone by it has often been the front runner in setting precedence

29:04

on matters of important principle and I understand Justice Taylor spoke about some of the national standards that have

29:11

been derived from this trib tribunal earlier in the week the new New South Wales industrial

29:16

Tri jurisdiction is notorious for the regulatory Simplicity which underpins it

29:23

unlike the increasingly rules-based Federal jurisdiction the New South Wales regime has had the setting of fair and

29:29

reasonable industrial conditions as its Cornerstone allowing the members who sit

29:35

on the tribunal significant discretion to consider the merits of a dispute and to facilitate fair and just outcomes in

29:43

many areas the commission has a mandatory emphasis on conciliation before moving to arbitration allowing

29:50

for a focus on party Le resolution before moving to judicially imposed

29:56

outcomes these simple Notions have underscored a system that has seen considerable stability and a noted

30:03

absence of protracted industrial action when compared to some of the disputes that can arise in the federal

30:10

jurisdiction the commission's jurisdiction under chapter 6 of the IR Act is nationally widely respected as

30:18

giving rise to safe and sustainable practices in the road transport industry and has been offering protection to what

30:25

some might describe as employee like work decades before the catchphrase employee

30:31

life emerged as common place we delighted to see the tribunal progress

30:36

into its new era with all of these foundations intact now turning to the vice president

30:44

your honor you're an excellent appointment because you have demonstrated all the traits that are

30:50

vital to be trusted with both the considerable discretion afforded to the tribunal as well as the skill set that

30:58

will be necessary to adjudicate the proceedings that might be brought before the Industrial

31:03

Court the first of these traits is an exceptional work ethic and sharp legal

31:08

Mind underscored by a meticulous approach to preparation we've already heard multiple times about your

31:14

involvement in the prominent workpack and ske and workpack and Rosado proceedings your involvement in those

31:20

has been described by those involved as essential that is the cases would not

31:27

have have happened without you um we've also heard that they these two cases

31:32

significantly develop jurist Prudence pertaining to the law of the employment contract such that uh and such was their

31:39

prominence that they prompted their own legislative intervention we've also heard about your acting for the Public

31:46

Service Association of New South Wales in securing a major remuneration increase for school administrative

31:53

support staff based on equal remuneration principles uh wages in this

31:59

substantially female dominated industry increased by an average of

32:04

19% you also have a strong capacity for compassion working on pro bono Refugee

32:09

cases including having worked on one Refugee case with the late Jeff Shaw QC that was ultimately heard before the

32:15

high court before joining the bar you worked as a solicitor at Jones staff a source

32:22

from Jan staff who briefed you in your early years of the bars identified two notable features of your practice as a

32:28

barer the first was a Brilliance in cross- examination again put down to meticulous preparation the second was

32:37

that you left Handover notes on all your client files as you left the firm for the bar suggesting that a junior council

32:42

with knowledge of The Facts of the matter should promptly be briefed oddly enough many of those files

32:49

found their way to you at the bar and your practice got off to a flying [Laughter]

32:54

start we've also heard about your commander of the area of employment law through your authorship of the modern

33:01

contract of employment with Ian Neil I I won't talk too much about it because we've already heard from the other

33:08

speakers other than to say that Ian informs me that the book is a testament to your tireless efforts I also know

33:14

it's available in all good bookstores for those interested you also have some more

33:20

personal characteristics that I now realize mean that your choice in Korea is a prudent one for example a lot of

33:29

people have talked to me about your cricketing prow s but the feedback has been very mixed the Attorney General was

33:36

quite complimentary um on the one hand moreover I've been

33:43

told that you've demonstrated a judicially appropriate commitment to impartiality in the very complex

33:49

application of the lbw laws to all batsmen all batsmen that is with a notable exception of

33:56

yourself um on the other hand a senior Council sitting with us today has

34:01

informed me that after scores of matches playing with you you are very enthusiastic cricketer but in the same

34:07

breath he said your recruitment to the bench is no great loss to Australian [Laughter]

34:15

cricket others others and I thought about whether to say this but others were actually harsher

34:22

still describing you as the slowest ostensible medium-pace Bower they have fa

34:28

face with an almost miraculous ability to never bowl a ball that deviates in any way shape or

34:35

form now I actually could go on with this topic but I won't I've also been informed and we've

34:42

heard that you're an enthusiastic singer and don't mind a dress up party especially if there's an excuse to do some Elvis

34:48

impersonating however again I found much greater hesitancy with this type of Praise coming from the people I spoke to

34:55

compared to when they spoke about your legal skills then there's an interesting deviation to

35:00

the world of show business when you lent your Barrister's wig to the crew from the Chaser to use in a nationally

35:06

televised TV skit which I can't really talk about because like much of their content it's not really PG

35:13

rated needless to say from all these stories the consensus is that the benches are better fit for you overall

35:20

though what I've been struck by in preparing to make these comments is how thrilled members of the bar solicitors

35:28

unions and employers are about your appointment it gives me great confidence

35:33

that the application of our industrial laws are in good hands and I might add that this applies with respect to all

35:39

the new appointments I wish you all the best in what is a very important role in our state's industrial landscape mate

35:46

please thank you Mr Rizo Justice

35:52

chin weno bueri kamaru Kar jamora kin

35:58

duri gura my respectful greetings I am in kardi a peaceful home thank you uh

36:06

these words are chosen from the language of the oldest continuous culture on the planet the gador people of waran or

36:13

Sydney Cove um these words are my way of acknowledging the rich and living Legacy

36:20

of the nation's first people the land on which we are meeting today and on which

36:25

the commission and the court exercise its jurisdiction in doing so I pay my

36:31

respects to their Elders past president emerging and to their legacy now I know I should heed the

36:37

advice given by the comedian Ricky Jes to potential winners at the 2020 Golden

36:43

Globe awards that if if you should win an award remember that nobody cares

36:48

about the award as much as you do to quote Mr

36:54

jaes just come up accept your little award thank your agent and your God and

37:01

promptly adjourn the proceedings or to that

37:06

effect but forgive me I um I choose to reject that

37:12

advice I am grateful to um uh those at the bar table for their generous remarks

37:18

uh made by each of you Mr attorney Mr mcgr Mr Costa and Mr ISO I appreciate

37:26

what's been said notwithstanding the customary Hyperbole and embellishments particularly with regard to my outswing

37:34

bowling Mr Costa I can say without any exaggeration that yours is by far the

37:40

warmest and kindest welcome to a new job I have ever received from anyone at

37:45

Union South Wales who shares your

37:54

surname I am honored by the presence of all of you you distinguished guests judges and members of the various courts

38:01

and tribunals my colleagues friends and family I am particularly honored by the

38:06

presence of The Honorable uh justice Robert Beach Jones of the high court of Australia The Honorable Julie Ward

38:14

president of the court of appeal and acting Chief Justice of New South Wales and also the honorable Judge Michael

38:20

Allen Chief magistrate of the local Court of New South Wales I appreciate you all taking the time from your busy

38:27

schedules many of you for the second time this week to be here at this court in this

38:34

ceremony um to assume the position on the bench of this court as vice president um of the commission is a

38:40

great responsibility having regard to the traditions of this institution I accept this responsibility

38:47

as a culmination of a career devoted to the study and practice of industrial law in

38:52

particular um of the purposes of industrial law Keith Ying professor of

38:58

Public Law at Kings College London wrote the first is what might be referred to

39:03

as its Public Law purpose which relates to the role of the citizen as worker and the importance of work to the

39:09

realization of citizenship within a community which extends beyond the workplace the second is its private law

39:17

purpose in terms of the private relationship between the employer and the worker and the need to regulate what

39:23

is invariably a relationship of sometimes profound in equality with

39:28

great capacity for abuse I have the honor of joining an institution which launched the great

39:35

industrial law project in Australia in CLA and Lee uh in 1904

39:42

reported in volume two of the commonwealth law reports chief justice Griffith of the high court of Australia

39:48

referred to this great project he said the arbitration court is a court lately established in New South

39:54

Wales and is certain uh and is to a certain extent an experiment in

40:00

legislation it is not likely that all the details have at the first attempt been worked out to complete satisfaction

40:08

and it is very probable that the Machinery of the arbitration act may not work exactly in the way intended these

40:15

are difficulties which arise in respect of every new

40:23

institution since those early days the experiment has evolved into the unique Australian system of compulsory

40:30

arbitration uh and conciliation of industrial disputes the evolution of

40:35

this system reached its coherent non-legalistic and work workable Zenith

40:42

with the enactment of the industrial relations act in 1996 authored by Jeff Shaw QC the then

40:48

attorney general and Minister for industrial relations um with the passage of the

40:54

industrial relations Amendment act 2023 late last year by the hand of the present Minister for industrial

41:00

relations Sophie cotus the model system of industrial arbitration under Jeff Shaw has returned and been restored

41:10

under this system the primary means of resolving disputes as Shaw made clear in his second reading speech to the 1996

41:18

Act is by the empowerment of the commission to do everything it considers proper to assist the parties to resolve

41:25

the dispute in conciliation and to do so in the shadow of the

41:30

commission's broad arbitral Powers including the power to fix fair and

41:36

reasonable wages an essential pillar of this model

41:41

is the role of an authoritative fearless and independent commission and Court one

41:47

that operates I hasten to add not on a jurist Prudential Island but instead

41:54

merges coherently with the greater body of the Australian statutary and common

41:59

law like justice Jeffrey juder at the inaugural sitting of the reconstituted federal industrial tribunal in

42:07

2009 I recognize that our newly reestablished Industrial Court of New

42:12

South Wales is probably at this very moment at the peak of its

42:18

popularity um in any case by my judicial affirmation I

42:25

committed to do right according to Law Without Fear or favor affection or ill will this commitment I take

42:32

seriously it will underpin The Fearless independence of this commission and the court whatever might be the criticisms

42:39

that come from individuals industrial organizations the media or indeed executive

42:47

government now as my professional life merges with the future of this fine institution I cannot express my

42:54

gratitude more for those who have nurtured me educated me employed me

43:02

accepted me and worked with me I am reminded of the words of Charles Dickens

43:07

in Great Expectations about life he wrote imagine

43:13

one selected day struck out of it and think how different its course would have been pause you who read this and

43:20

think for a moment of the long chain of iron or gold of thorns or flowers that

43:26

would never have bound you but for the formation of the first link on one memorable

43:33

day the chain of gold and flowers of my life include my parents an unlikely

43:39

Union between a country girl from around West Wong in New South Wales and a skinny Chinese student who in those days

43:46

spent more time studying the odds at the TB than he did studying his accountancy

43:54

textbooks my father arrived in this country alone at the age of 13 to attend boarding school speaking no English

44:03

before that he was raised with his eight younger siblings in small lodgings above

44:08

a shop operated by my grandfather on the Main Street in the town of EO in Malaysia my father is here today he

44:16

celebrated his 80th birthday on the 1st of July carefully Ed to coincide with the reestablishment of the Industrial

44:24

Court and and my swearing in

44:29

also at the age of 13 my mother Lorraine came from country New South Wales to live and to work full-time in Sydney

44:38

initially in a bookbinding factory in red fern then in an aged care facility

44:44

in stanmore and later operating the as you've heard the telephone switchboard at St Vincent's

44:50

Hospital after they met my mother managed to extricate my dad from The Tib and back into his studies they they

44:57

married and went to live in the country of my father's birth and where I and my sister were born my sister Melissa and

45:04

my niece elivia are also here today all the way from Washington state in the United States where they live they were

45:11

not able to be joined by my brother-in-law Jeff and my other niece Anna who are also in my thoughts

45:19

today our family migrated to settle permanently in Australia in 1978 we did

45:25

so seeking a new life one of peace

45:30

prosperity security and above all

45:42

safety we found all those

45:47

things I eventually found the legal profession through a love of words and books my mother encouraged me to read

45:54

relentlessly it didn't matter what material comics science fiction novels it didn't matter to her she may have

46:01

been binding the books that in a just world she might have been reading while attending

46:07

school uh but she and my father were assiduous in making sure that I had

46:12

every opportunity to flourish intellectually for their constant support and encouragement throughout my

46:17

life I am profoundly grateful the most important Link in my

46:22

chain of gold and flowers of course is my wife Rachel Rachel is the great love of my

46:28

life originally from Adelaide Rachel forged her own path in Sydney as a young woman first as a solicitor then as a

46:35

journalist with the Australian financial review in her later career as a book author and especially her collaboration

46:42

with the former director of public prosecutions Nicholas cry she has demonstrated a rare ethical approach to

46:49

reportage based on thorough research the public record and a deep understanding and respect for the rule of law and the

46:56

fundament of a fair trial her work will be an inspiration to me in the exercise of this Court's criminal jurisdiction in

47:04

particular much more than that Rachel sustains me long may we cha our way

47:09

through this life I acknowledge two important mentors The Honorable Conrad staff a former

47:16

judge of this court is here today as you have heard Conrad employed me as a solicitor in his firm Jane staffen Co

47:23

after a short time at the firm I I confidently declared to Conrad one day that I was ready to go to the bar in his

47:30

typically diplomatic style Conrad suggested to me that I may wish to rethink this grand

47:36

plan and as there was no one else in the jurisdiction who I could conceive of was

47:41

likely to brief me if I did go to the bar I thought it prudent to follow

47:47

Conrad's advice so I held my horses and launched myself from a much more secure

47:53

platform a few years later this was only one example of of Conrad's guidance and Care throughout my professional career

48:00

I'm deeply grateful to him when I eventually came to the bar in 2011 I also had the great Good Fortune

48:06

of reading with Ian Neil SC Ian is a consumate Advocate his

48:13

generosity and skill as my tutor and then my leader for many years exemplified the best traditions of the

48:18

bar as a mentor and a friend Ian was a constant source of support to me

48:24

available at all times with advice and encouragement I'm deeply grateful to Ian

48:29

Neil I pay tribute to my friends and colleagues at the bar particularly members of the of Five Wentworth which

48:35

has been my professional home for most of my career many of whom are here today I'm grateful for the support of

48:42

the Clarks who have helped me navigate the bar most recently Sarah tiffen of 5

48:48

Wentworth I pay tribute to my dear friends generally at the bar and Beyond

48:53

too many to name here you know who you are to each of you I extend my gratitude and

49:00

my love uh I am delighted to be joining the commission with my fellow commission

49:06

members and particularly I'm delighted to be serving on the court with justices Taylor and

49:12

pacum between the three of us I believe we have the requisite degree of experience expertise

49:19

collegiality and so it was incessantly emphasized during the president ceremony

49:24

earlier this week hair [Laughter]

49:32

to form a decent full bench um the the welcome to country with

49:37

which I commenced this speech is a relatively new addition to our national story it was first performed in the

49:44

summer of 1976 just two years before my family moved to settle permanently in Australia and in the same year that

49:51

Justice Taylor and his family migrated to Adelaide from England it is now a distinctly

49:57

Australian custom it is a gesture which speaks to a national identity that values fairness

50:03

and which has the ability to renew itself this court and commission also

50:09

share in our national story their part in that story is also bound to fairness

50:16

and to Renewal I believe the degree of social cohesion and shared Prosperity that we

50:23

in Australia enjoy and which my family reached out

50:28

for many years ago owes much to our unique system for setting fair and

50:33

reasonable conditions of employment for employees it is a great privilege to

50:39

play a role in this system and I regard my new role as an invitation to work

50:45

harder I intend to engage with my duties not with any hubris but rather in the

50:51

best Spirit of again Charles Dickens to have a heart that never

50:57

hardens and a temper that never tires and a touch that never

51:02

hurts thank you all we're about to adjourn you're all

51:08

welcome to join us for morning tea in the Next Room what officer all stand

51:14

this honorable commission is now adjourned

51:55

absolutely e

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