The Hon. Justice Ingmar Taylor

welcome to this ceremony to Mark the commencement of the Industrial Court of New South Wales and the appointment of

0:07

The Honorable Justice Taylor as president of the industrial relations commission and Justice of the Industrial

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Court I invite Uncle Allen Murray a descendant of the wajer and Kumai

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Nations and chairperson of the Metropolitan local Aboriginal land Council to welcome us to the gadal

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nation

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this sort of reminds me when I was a young person started my first job at bankstown courthouse

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so uh good morning to you welcome to Gan always Wells always will be abigal land

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um under the circumstances should I do a bad thing or good

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thing but I would say this is that part of I suppose the stalling

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Generations about the loss Revenue that they couldn't

1:14

receive before or after their I suppose their death their timely death

1:21

so uh what it means to them is this is that if they would have received an

1:26

equal pay even though working for a Aboriginal master and the master was the

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gay keep caring for Aboriginal children what does it mean

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today again it's every period of time the legacy of the general

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generation is still is still part of us and it's still part of us until this to this day you know and the New South

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Wales government listening to its officials to say they were going to increase its funding package which is

2:01

possibly a good thing but also in terms of the

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best I suppose the best worked Aboriginal ID system is in New

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South Wales it doesn't apply to other

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states and also I suppose the other thing is that

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maybe New South Wales and this is the problem that we've got in New South Wales and at the treaty the try Pro is

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the last string even though this is the place where colonization took place this is where it

2:37

started but I'm not going to go down that track I'm going to say to you is this all we want is

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fairness and the respect if you walk into an Aboriginal cleans estate you

2:52

have to pay the respect and understanding to walk into someone's backyard and wait on to you

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actually been received once you're received we go into the

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dialogue and that dialogue is about respecting one another respecting this

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country and as the chairman of the Metropol local in Council we delve into

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issues about protecting our culture protecting our sites but also protecting

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our elders as well our elders mean a lot to us like yourself in this room there

3:31

are a lot of Elders in the room and you know that the fortunes of being having a

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better lifestyle compared to others it's something like that it's about

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others and so with that I pay respects to yourselves thank you for the

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opportunity thank you for allowing me to speak once again I pay respects to

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bangaroo pck Gan pemo I'll great war and mosquito and

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lastly and I was at Bing down Courthouse with when I was a young fellow and then

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coming and then hindering documents to one of the magistrates in the audience

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was Mom shell Mom shell was in the audience in and in the courtroom and wanted to have

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a couple te and it was up to the magistrate to have a morning to and that was great that was good fond memories so

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with that I also pay respects to Mom shell as well so so good morning to you

4:31

thank you very

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much thank you Uncle Allan Mr

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attorney thank you register I may please the court I acknowledge the traditional

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custodians of the land the gatle of the Aur nation and I pay my respects to 's

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past present and emerging I acknowledge our Aboriginal friends and colleagues here this morning thank Uncle Allan for

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his welcome to Country and your honor we ought to remind ourselves on an occasion

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like this where we regail the rule of law that sovereignty was never seated

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over this land you what on behalf of the New South Wales bar and of our state and

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indeed the government of New South Wales it's my very great pleasure to congratulate you on your appointment as

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a judge of the Industrial Court of New South Wales and president of the industrial relations

5:33

commission we welcome your wife Louise and your children Ellie and NY with us today sitting with them are proud

5:39

members of your family including your mother ariette and sister Juliet sadly there are people who cannot

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be here with us today including in special mention to your father Jonathan who left us in

5:53

2019 we know he's watching today I know you're grateful for friends

6:00

and colleagues are joining us in person and online today youron was born in

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Kingston upon tams in the United Kingdom you're the oldest child of

6:10

Jonathan and ariet they were professional ballet dancers who continued to be creative throughout

6:15

their careers I'm told they named you after another cre creative Visionary inar

6:22

Bergman one of the greatest and most influential film directors of all time living in a house with ballet dancers

6:29

and their creative friends was UniQue Ideas were always in motion what you

6:36

experienced at home apart from all that creativity and motion was hard work your

6:42

father's working class background and your mother's wartime experienced shaped them and helped inform your

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values in 1979 life changed dramatically for you and your family when you

6:55

migrated to south Australia when your father was appointed as artistic director of Adelaide's Australian Dance

7:02

Theater you've said that moving here presented you with more opportunities than the UK Australia gave you a clearer

7:09

path in life one not marked by status or class you attended Pembroke School in

7:15

Adelaide it was not love at first sight it was a new place and you were the

7:21

English kid trying to find your way in a new land they also didn't play soccer AFL

7:28

was the game of choice but you weren't having a bar of any of that aerial pingpong the only Point you're on where

7:35

you still get a point for missing so under the guidance of a football loving teacher you were able to

7:41

turn a lunchtime kick around with the round ball into a fully fledged team

7:47

these days you're proud to note that the Pembroke old Scholars now has five five times more soccer teams than IFL well

7:54

done your honor you did well at school and hang out with the kids spending a lot of time

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playing Dungeons and Dragons and being involved in the Arts as you grew Your Love of soccer

8:06

continued and you played for the local Polish team this opened your eyes to a new community and you love playing with

8:13

them you love that sense of family also growing was your worldview and your thoughts on the impact that you

8:20

wanted to have on your community your emerging views were forged from your parents' Outlook and cultivated through

8:27

education and experience your philosophy was always about fairness this

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manifested as a long-standing passion in politics at the University of Adelaide

8:38

in 1983 you studied Politics as part of a Bachelor of Arts a year later you

8:43

started your Bachelor of laws you figure that to master politics it would be more

8:48

than helpful to First Master the law you loved University both inside and

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outside of the classroom and you thrived with your studies you became president president of the

9:02

students union and then graduated from University in 1989 you were admitted as

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a solicitor the following year since 1990 your career in employment and

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Industrial law has been a testament to your dedication expertise and the pursuit of equity and fairness it began

9:20

at Baker and McKenzie whilst also studying for a master of laws at the University of Sydney from 1993 to 1997

9:29

and you made significant strides at the association of Professional Engineers

9:34

scientists and managers Australia or azma starting as an industrial officer you Rose to become National director of

9:41

Legal Services during this time you not only represented the association in pivotal

9:46

cases but also established the in-house legal practice you were called to the bar in

9:53

New South Wales in 1997 having topped the bar exams commencing at Higgins Chambers and

10:00

later moving to State Chambers you initially focused on Industrial and Union issues you practiced and expanded

10:07

to include substantial representation of the state of New South Wales as an employer this period saw you involved in

10:14

Landmark work value cases concerning amongst other things nurses before the

10:20

IRC you became senior counsil in 2012 and in 2016 your journey LED you to

10:27

Greenway the chambers you helped to established and where you have continued to

10:35

excel your honor is recognized for your expertise in industrial relations and

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work health and safety law your impact has been profound marking you as a

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preeminent Authority in this field witnessed by the many papers and training programs you've written your

10:53

support of Junior colleagues the leadership roles you've held and the esteem in which you are held

11:00

your work for the bar association is particularly noteworthy you're the director then chair of the professional

11:06

conduct committee and Treasurer while being an executive member you've been editor of bar news the Journal of the

11:12

New South Wales Bar Association since 2016 significantly for many you've also

11:19

overseen a football World World Cup tipping competition it started in 1998 and has

11:26

become legendary among your peers there are many people in this room who today and in the profession generally that are

11:33

a part of the comp of the competition and frankly you're H they

11:38

concerned will this competition keep going so let's give them some comfort

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for the record in this place I can say today I can attest as Attorney General of New South Wales completely without

11:51

power that the competition should continue

11:56

your your H colleagues consistent recently say the same thing about you your H is someone who gives great

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confidence to others this engaging personality translates well in court you are

12:09

disarming professional and respectful and it must also be said you dressed

12:16

magnificently colleagues have told me that it's hard to have a cross word with you because of your calmness and fairness you get on well with everyone

12:24

except for cats lawers has offered that cats seem to dislike you and the feeling

12:29

is mutual others have found a few tiny faults they say that your constant ums

12:36

and rs will keep the court reporters busy and those closest to you believe

12:41

fervently that you are quite fond of your own

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hair and they say that becoming folically challenged is one of your biggest

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fears so let's give some more Comfort your um perhaps it might your H might take

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comfort from the fact that this role comes with an optional gown and wig

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should one ever be needed you're on to today's appointment is a culmination of a wonderful career

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journeying alongside you has been your family Louise is your number one supporter and you in turn hers you met

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on a dance floor in Perth she was impressed by your moves and intrigued when you drank champagne from her shoe

13:30

you see that was a pioneering chewy a true Act of Australian flirtation just to show Louise that you

13:37

weren't that English kid anymore Louise loves you've always tried to be your best whether it's soccer

13:43

cycling making school lunches or just being her best friend this enus enthusiasm flows into

13:51

your love of travel and theater you've also been known to turn into franksen arra at functions without

13:58

any invitation encouragement family and friends know you to be caring and loyal they

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recognize that you've done the hard yards you've prioritized family you and

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Louise are super parents to Ellie and I and they're both proud of you as

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well your honor this commission has a long and distinguished history in fact

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the industrial commission of New South Wales is the oldest industrial relations tribunal of its kind in the world the

14:28

court of industrial arbitration as it was originally called In 1902 was not only the first but the preeminent

14:35

industrial relations tribunal in this nation it set workplace standards which

14:40

were subsequently taken up by the Commonwealth Court of conciliation and arbitration and adopted by state and

14:47

federal legislation for example in 1907 the Commonwealth Court handed down the F

14:53

the famous Harvester decision which established principles for determining the national minimum wage but two years

15:02

before in 1905 Justice Hayden of the new South Wes Court in the saw Miller's case

15:07

had already outlined the principles that should determine the state minimum wage

15:13

in Justice Hayden's words a minimum wage should be adequate TN short and I quote

15:19

that every worker however humble shall receive enough to enable him to lead a

15:25

human life to marry and bring up a family to maintain them and himself with

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at any rate some small degree of comfort end quote this court has always been

15:37

responsive to the industrial problems of its time in the 1980s the industrial

15:42

commission of New South Wales as it was called then led the way in developing standards for redundancy

15:49

pay after the economic recession and during the Christmas break in 1982 thousands of workers lost their

15:56

jobs and the ranks of the long-term unemployed tripled in response to these layoffs the

16:03

commission handed down judgment in Crocker's case which was the first judgment in Australia to set standards

16:09

for redundancy pay we owe our statutory rights of termination notice and

16:15

redundancy pay in the Commonwealth Fair Act in large part to that

16:20

decision in 2000 the commission established the equal remuneration

16:25

Principle as part of its wage fixing principles and in 2015 it applied that principle to

16:33

determine that the award rates of pay for Crown Librarians Library officers and archists being female dominated

16:41

occupations did not properly reflect the value of the work precedents that have subsequently been applied in other

16:48

states and at the federal level the equal remuneration principle developed by the IRC does not require a male

16:56

occupational comparator to establish gender based undervaluation of wages this was an important factor in the

17:03

decision in the childcare workers equal pay case in in 2003 I note further that

17:10

recent legislative change to the fair work act has adopted this approach to equal pay in the federal system a

17:17

further example of the jurist Prudence in New South Wales influencing the federal

17:23

system for most of its 123 years the industrial relations commission has been

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led by justices with a status equivalent to that of a Supreme Court

17:33

Judge the amendments to the industrial Relations Act are commenced on 1 July

17:38

2024 and I give credit to minister cotus who is an apology today who's

17:44

overseas have restored that position there have been so many changes to the

17:49

industrial landscape since the court sat last in 2016 let alone since

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1902 still justi as Hayden's words in in the 1905 s Millers judgment are useful

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today as we Usher in this revised revived Court he said it is Idle to

18:07

expect that decisions of the Court will give satisfaction to everybody or be

18:12

above criticism but bearing in mind the enormous advantage to employer Workman

18:20

and the public at large of the prevention of industrial War I think it may fairly be expected that the

18:27

decisions of a world constituted tribunal should be on the whole beneficial to the community here here

18:36

your honor your leadership will ensure that this court is strong and independent fair and reasonable

18:43

efficient and productive you're a person of the utmost Integrity which will help create the

18:49

safest and fairest of workplaces for the people of New South Wes along with your brother judge and sister judge I know

18:56

you're extremely proud to be appointed to the Industrial Court and you're eager to get

19:02

started and so can I say in conclusion that the best wishes of the Premier the cabinet and all members of the New South

19:09

Wales government go with you justice chin and Justice pangam the court has been

19:15

revived it is a proud day for our government and for the labor movement and now as they say it's all up to

19:23

you God's speed may have close the court thank you Mr attorney Mr

19:31

mcra may it please the court I acknowledge the gadigal of the EUR Nation through traditional owners on the

19:36

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

19:43

respect to all abinal and torist straight Islander people here with us today your honor on behalf of the

19:49

solicitors of New South Wales it is a privilege to be invited to address this court to Mark the exciting new chapter

19:54

in our state's legal history today we Mark not only the commencement of of the Industrial Court of New South Wales but

20:01

also your Honor's appointment as president and judge we celebrate the start of a new chapter in in industrial

20:06

relations law in New South Wales almost 125 years on from when it first began as

20:12

the attorney outlined originally established in 1902 as the court of industrial arbitration it has seen

20:18

several inter iterations throughout the 20th century existing as a separate entity at various points until 1926 and

20:25

it was dissolved and replaced by the industrial commission of new sou Wales the industrial Relations Act of 1991 saw

20:32

a Revival of the Court tasked with handling civil matters prosecutions and legal issues a 1996 reform subsequently

20:39

streamlined the system and merged the court back into the broader industrial relations commission then the industrial Relations

20:46

Act of 2005 enabled the commission to be called the Industrial Court of New South Wales in court sessions however in 2016

20:54

this was once again dissolved when all industrial disputes and matters relating to work health and safety in New South Wales were transferred to other courts

21:02

almost a decade on here we are the first day of the new Industrial Court of New

21:08

South Wales and welcoming its new president your honor while you are only a member of the solicitor branch of New

21:13

South Wales from 1990 to 1997 your colleagues from that time recalled the early buds of what would blossom into a

21:20

remarkable legal career in testate to your honor skills and your character we have received glowing references from

21:26

your two bosses from your time as a solicitor they are in attendance here today and while they too can take pride in your

21:32

accomplishments they both Express how very proud they are of you after your admission as a solic in 1990 youor spent

21:39

three years as an associate at Baker McKenzie in the litigation session section where you specialized in

21:44

employment law it was here that your honor was first introduced to Industrial relations working alongside your first

21:51

boss Fiona in Verity this area of law is to become in the words of another person

21:56

we spoke to the Bedrock of your career career a foundation that has culminated in today's celebration for your

22:02

appointment Miss Inver recently recalled her earliest memories of your honor was in her words a summer Clerk and a very

22:10

baby lawyer even though some years have past she remembered your empathy for the work and how you always thought deeply

22:15

about what would happen to the workers caught up in disputes your honor was always incredibly principled in how you

22:21

approached your duties now that does not mean that there was no time for any humor or lighter moments in Years Gone

22:28

by it was standard practice for an affidavit to note that a writer was above the age of 16 years old at the

22:34

time youron was working for Miss inverarity she was approaching 30 years old and with mixed feelings about that

22:40

Milestone your was still a number of years away from that significant birth dat and it was with humor that she

22:45

remembered receiving a draft affidavit prepared by for her by your honor that noted and I quote I'm a lot closer to 30

22:52

than 16 just in case she needed the reminder aside from this workplace bant

22:58

in your early years as an industrial relations lawyer your honor took particular care in attempting to understand a workplace holistically and

23:05

from all perspectives Rebecca McKenzie your honor went next to the union now known as professionals Australia where

23:12

you spent four years as an industrial relations adviser Advocate and in-house lawyer this move perhaps seemed a

23:18

natural next step for someone already making an impression as an industrial relations lawyer though it seems that

23:24

something else drove your honor to make this application your boss from the Martin o Connell recalled that included

23:31

in the association salary package was a new vehicle in making your case for this position your honor very honestly

23:38

disclosed and I quote I have an ancient Morris 1000 so I'm interested in replacing my

23:44

car no matter what steered your honor to this role it was a position in which you excelled Mr oconnell said the three

23:51

things he recalled most consistently from your Honors time there were your commitment to clients the thoroughness

23:56

of your preparation and the depth of your legal understanding in 1997 y went

24:02

to the bar as we have heard having topped the entrance exam for your cohort you took silk in 2012 and have assumed

24:08

your place as one of the nation's leading industrial relations barristers acting for unions large and small

24:14

employers and the New South Wales government your honor is known for your enduring loyalty to your family

24:19

including your wife Louise and your two children and to your friends dinner conversations are always Lively and

24:25

spirited discussions of current events a king Cricket fan your honor can often be spotted on a summers's day enjoying a

24:31

test match as one member of your Cricket click remarked you could not find a better friend than igma and based on the

24:38

breadth and depth of your experience New South Wales could not have found a better president of the new industrial

24:44

Relations Court then your honor so well done on behalf of the more than 42,000

24:51

sisss of New South Wales we wish your honor and indeed the industrial relations C of New South Wales the very

24:57

best in your endeavors as the court pleases thank you Mr mcra Mr

25:07

Moray it pleases the commission I'd like to acknowledge the traditional custodians on Whose land we

25:13

meet today the gadigal people the or nation and I pay my respects to Elders past present and

25:21

emerging New South Wales has a long history dating back to the stonemason strike of 1856 for the 8 hour day

25:29

almost 100 years ago the industrial commission commenced its work of arbitrating disputes over pay working

25:36

conditions and the resolution of strikes today's ceremony is one of the final

25:41

steps in the reestablishment of the New South Wales commission as an independent jurisdiction in New South Wales the New

25:48

South Wales union movement acknowledges the commitment of the men's labor government to restoring the commission and the industrial judicial functions I

25:56

would also like to acknowledge the Attorney General Michael Daly and the minister for industrial relations Sophie costus MP for their commitment to and

26:04

work to reestablishing the commitment for the benefit of essential workers in New South Wales and the broader New

26:10

South Wales community in 20111 the former president

26:15

of the commission his honor Justice Bolan presented the Jeff Shaw lecture trades Hall this occurred while the

26:22

previous government moved to legislate to Shackle the independence of the commission by removing the court

26:28

function and legislating a wages cap in his speech he honor succinctly captured

26:33

the essence of the role of the New South Wales industrial commission his honor said the ACT provides an unparallel

26:40

framework for the conduct of industrial relations that is fair and just it was

26:45

drafted following extensive consultation with employers and unions the Act was

26:50

drafted with a view to the best model to meet the interests of the industrial parties and ultimately the people of the

26:56

state the indust Relations Act of 1996 continues to serve the people of this state well essentially at its heart The

27:04

Great Australian value of the fairg go the 1996 industrial Relations Act has

27:11

stood the test of time a small track compared to the volumous pages of the

27:16

fairwork ACT yet its Simplicity belies the ingeniousness of its power to enable

27:22

the making of decisions under a series of principles no matter how specific the

27:27

circumstance es of the case that case can be resolved such was the confidence in the

27:33

effectiveness of the Act and the New South Wales commission our movement and my predecessors often argued its

27:38

adoption at the national level as a model on more than one occasion the current income inequality and the

27:45

continuing concentration of wealth within a smaller and smaller cohort of Australians arguably justifies their

27:52

position the need to restrain an active State jurisdiction to moderate the excesses of a federal system based on

27:59

the corporations rather than the arbitration conciliation powers of the Constitution remains a remains a reality

28:05

for over 400,000 essential workers in our state a one-sized fits all limited

28:11

industrial system does not assist an economy or a state as larg as New South

28:16

Wales the balance and Independence of the commission is fundamental to its Effectiveness and retaining the

28:23

confidence of those who appear before it much of the work done in this place and I mean literally this this place often

28:29

unrecognized was essential to the stability and success of the New South Wales economy there is now an

28:36

opportunity for your honor and the commission to continue the vision of The Honorable Jeff Shaw to be bold and

28:41

Innovative in the way it will manage the matters that come before it for working people many with limited financial means

28:48

and resources I hope this commission will become a place where Justice can be sought and achieved for the union

28:55

movement we are hopeful the commission under your St ship will be an Innovative place where there will be a fair go for

29:02

workers this doesn't mean the commission will always deliver the decisions we would like however if it is a court

29:08

which is trusted respected Innovative and provides a fair go for all then it

29:14

will go a long way to ensuring New South Wales is a state which can retain and attract the best essential workers in

29:20

the country in turn this means we'll have the best public services in the country

29:25

and in a cost of living crisis the public sector and the services it provides becomes even more important for

29:31

the betterment of our communities I know your honor that brings a great intellect and integrity to your new role I believe

29:38

your vision leadership and stewardship of the commission will ensure a trusted respected and Innovative court that will

29:45

provide a fair go to the workers of New South Wales I congratulate you on your appointment and wish you all the best in

29:51

the years ahead if the commission pleases thank you Mr muray Mr Dany

30:04

if it please the Commission in Rising to speak I acknowledge the numerous distinguished guests in attendance and I

30:11

join others um in sorry acknowledging the traditional custodians of the land

30:16

on which we meet and pay my respects to their Elders past and present I also make my usual disclaimer when speaking

30:23

at occasions such as this nothing I say here today is to be used against me in

30:29

court it's a great privilege to address the commission today on behalf of local government as we recognize the

30:36

reestablishment of the Industrial Court of New South Wales and welcome his honor Justice Taylor as president of the Court

30:43

Justice Taylor I'm advised you share similar views to one of my former employers about representation by

30:49

lawyers and noting on the last guest speaker today finding content the other

30:54

speakers haven't already used has been a challenge invol in great complexity even

31:00

for a lawyer it's appropriate I start by saying a few words about the reconstitution of the court and

31:06

restoration of the commission's powers and functions all the industrial organizations who represent local

31:13

government in New South Wales have advocated for the commission's powers and functions to be restored for some

31:19

time and we are delighted to see it finally happening today I commend the New South Wales government and in

31:25

particular her uh the The Honorable Sophie cotus mp on getting the job done

31:31

on and on making three outstanding appointments to the court according to the commission's

31:37

website the C the the court was formally reconstituted on Monday the 1st of July

31:43

at a ceremony in Queen Square Sydney so why are we here today you might

31:49

ask if one July word have marked the official reconstitution of the Court it

31:55

would have coincided with the Daye history when the first ever video was uploaded onto YouTube in

32:01

2005 the video was titled me at the zoo which is perhaps how his honor will fill

32:07

by the end of today 9 July is a much more appropriate day in history for an occasion such as

32:14

this on this day in the year 1900 the Australian Constitution received Royal

32:21

Ascent from Queen Victoria establishing the Commonwealth of Australia and I must

32:26

admit it didn't actually occur to me until hearing from the other speakers that we now have somebody whose ancestry

32:33

has come from the UK leading this great Court um today's ceremony is taking

32:39

place in the chief secretary's building which was the Industrial Court's last home back in approximately

32:46

2018 during the late 1800s the building was occupied by her C by by um Sir Henry

32:52

Parks who is often referred to as the father of federation and used for some of the forums which led to the making of

32:59

the Constitution and the forums included debate about the reach of the Commonwealth's Powers with respect to

33:05

Industrial relations and and corporations now Justice Taylor you are no stranger to constitutional

33:12

law throughout your career as a barrister you have fought valiantly in several constitutional law cases as

33:20

defender of the jurisdiction of the Court over which you now preside notably as um in 2006 you

33:27

appeared before the high court assisting Michael ston SC in the workplace relations case the workplace relations

33:35

case has similarities to another significant event on this day in history on 9 July

33:42

1958 an earthquake in louya Bay in Alaska caused the highest wave ever

33:47

recorded in Australia sorry in history I should say and watch from the tsunami reached a height of 520 M and just like

33:55

the workplace relations case where the high Court's rejection of um your arguments washed away all hope of a

34:02

return to a pre-work choices industrial relations the tsunami wiped out everything in its

34:08

path your Greenway Chambers profile indicates that you are an aid supporter of the Sydney Swans this led me to

34:16

wonder whether you ever ever ran any cases before commissioner Liz Bishop another Aid Sydney Swan supporter I came

34:24

across the case Australian Services Union versus Sydney water Corporation a it's unnecessary on this super Tuesday

34:32

for me to indicate the outcome of the case suffice to observe sometimes being a swan supporter isn't

34:40

enough the case also led me to wonder whether you are a typically average Aussie

34:46

bloke um and if for those that not sure where that comes from go back and have a look at the

34:51

case it's a well-known fact you have the best head of hair of any commission president to come before you

34:58

which already means you're not an average commission president we've also heard you came

35:04

first in the bar exam which suggests You're A Cut Above the average lawyer your Greenway Chambers profile also

35:11

indicates that imar works entirely electronically so prefers that all documents are sent to him in

35:18

PDF this suggests you are ahead of the curve when it comes to embracing Innovative

35:24

technology it's been brought to my attention that in two uh in 2023 you gave a presentation at the union lawyers

35:31

and Industrial officers conference on the topic the paperless Advocate and by

35:36

all accounts it was a very impressive presentation which included a demonstration by you on how to convert

35:43

any document into PDF sort documents into folders and share those documents

35:49

instantaneously by electronic means to who whoever may wish uh may require them

35:55

unfortunately your presentation was was lost on some of the industrial officers who don't own iPads uh surface Pros or

36:04

laptops and many in today's audience will and no doubt find that it's ironic

36:09

to have someone so ahead of the technology curve who now presides over an institution that is not known for its

36:16

use of Technology it's great to see that you're already having an impact with a revised

36:22

practice note 32 being released on the 1st of July increasing Thea the ability

36:28

of filing by electronic means and expanding the range of forms that can be filed using the Online

36:34

Registry I'm advised that when you played soccer for Sydney uni you were a dashing

36:39

Winger unfortunately two ACL injuries prevented you from playing soccer beyond the level of a typically average Aussie

36:46

blow however your disappointment in not being able to represent Australia at the soccer World Cup may have been what

36:53

inspired you to later run the not the Bar Association World Cup footy tipping

36:59

competition and despite developing the rules for the competition I'm reliably informed you excelled at being typically

37:06

a typically average Aussie bloke when it came to picking a winner there are of course stories about

37:13

um what you got up to at industrial relation Society conferences in your younger years but unfortunately for the

37:19

audience as a fellow IRS member I'm Bound by the IRS code what happens away

37:25

stays away and can't share these stories is with you today I'm advised the first

37:30

case you ran as a barrister was before her honor senior Deputy president Lee Drake the matter was unable to be

37:36

resolved and dates needed to be set for hearing when asked about your availability you indicated you needed to

37:42

consult your diary and in response her honor responded with words to the effect Mr Taylor we all know it's your first

37:50

day at the bar so just like the typically average

37:57

bloke your cheeks turned a Rosy pink color as did her honors who was embarrassed that she had embarrassed

38:04

you I know you have several family um here with you today um to share this special occasion including your wife

38:11

Louise your children and your mother um everyone I've spoken to about today

38:16

which includes people from the unions employer associations lawyers judges are

38:22

unanimous in their view that you are hardworking inclusive very knowledgeable

38:27

and experienced about industrial relations and work health and safety and have all the attributes to make a Great

38:33

Commission president you may not be the typically average Aussie bloke but you

38:38

are the obvious choice to lead the commission as president so on behalf of local government New South Wales and the

38:44

local government sector generally I congratulate you on your appointment I wish you well and look forward to the

38:50

valuable contribution will you will make to the commission and the people of New South Wales over the coming years please

38:58

thank you Mr Dany Justice tayor Nali Nala wag Maud gari gadii

39:07

NADA we are sitting here on the beautiful land of the kardi people the

39:13

gadigal I acknowledge their Elders past and present and extend that acknowledgement to all other abinal and

39:20

torist state Islander peoples here today we were honored by the welcome to Country by

39:27

Uncle Alan and I thank him thank you too Mr mcra attorney Mr Mor and Mr Dany for

39:35

your kind words about the court and your kind and sometimes true words about

39:41

me welcome distinguished guests judges members and commissioners of the various

39:47

courts and tribunals my colleagues friends and

39:53

family it's an honor and a joy to have you here at this welcome ceremony for the Industrial Court of New South Wales

39:59

and my appointment whether you are here in the courtroom or in the various

40:04

overflow areas in theater it is standard practice to pick a theater size that guarantees a

40:13

sellout as um the attorney mentioned the commission has a long and proud history

40:20

it has over its 123 years set multiple conditions that became national

40:25

standards the commission and now the revived Court

40:30

continues to have an important role in setting Fair paying conditions in a manner that promotes Innovation and

40:39

productivity early in my career I had the privilege of being led by the author of The New South Wales industrial

40:45

Relations Act Jeff Shaw QC attorney general and Minister for industrial

40:52

relations in simple and direct language un

40:57

burdened by the Myriad of mandatory considerations found in the equivalent Federal legislation some 10 times as

41:06

long the act confers on the commission powers to resolve disputes by setting

41:12

actual conditions of employment by reference to the simple criteria that

41:17

they be fair and reasonable the high court work choices

41:23

case which Mr Dany was good enough to point out that I lost reduced the jurisdiction of the

41:30

commission but the jurisdiction remains important it covers all local government

41:38

employees and all state public sector workers that's

41:44

nurses police officers teachers and school support staff correctional

41:51

officers ambulance officers and firefighters amongst others and our society's most valued

41:58

workers and professionals since the court last sat

42:04

in 2016 the covid-19 pandemic has reinforced how our society depends upon

42:12

these Frontline workers the commission's importance is also emphasized by its economic

42:19

impact just a one% increase in public sector salaries equates to about $2 billion

42:26

over 4 years the Amendments that reestablish

42:32

the status of the commission also repeal the section that empowered the government to impose what became known

42:38

as the wages cap its removal has the effect of

42:44

reinstating Jeff Shaw's Broad and unfettered power to arbitrate where

42:50

conciliation is unsuccessful this in turn enhances the commission's primary Duty to do

42:58

everything that seems to be proper to resolve a dispute by

43:04

conciliation the resurrection of the Industrial Court also sees the return of

43:10

the important work health and safety jurisdiction nobody should die or be

43:17

seriously injured because their workplace is

43:23

unsafe it's been enormously exciting to oversee see the start of the new chapter of this historic

43:29

institution the Amendments and our appointments took effect last Monday on

43:35

the 1st of July 56 applications for increased paying conditions were filed I

43:41

listed them all last Wednesday and it was so good to see a courtroom here again filled with industrial

43:49

Advocates when I was a junior solicitor then industrial officer later Junior

43:54

Barrister I appeared regularly before the indust relations Commission in this building indeed In This Very court

44:03

before my three predecessors as president they're here today justices

44:08

Lance Wright Roger Boland and Michael Walton My ultimate ambition then was to

44:16

be appointed a judge of the Industrial Court of New South Wales and I am genuinely honored and

44:24

excited that that has come to pass

44:29

the importance I place on Industrial justice as the attorney said I'll start again the importance I

44:35

place on Industrial Justice and work health and safety I gained from both sides of my

44:41

family my father was born in a small backtack house in one of the poorest

44:47

parts of Manchester in the north of England industrial dust was

44:53

everywhere clean the kitchen top and an hour later a wipe of your finger

44:58

revealed a layer of black dust 5 years ago he died of pulmonary

45:06

fibrosis a lung condition which The Specialist attributed to what he had

45:12

breathed in as a child he would have so loved this

45:19

occasion his father was a boiler maker his mother my granny biddy was a

45:25

fer dad was a real life Billy Elliot at the age of 15 years he went to

45:33

London by himself to study ballet full-time he was trained by the Royal

45:38

Academy of ballet and went on to become a professional dancer of renown featured

45:44

on billboards across London my mom who's here today was born

45:51

in Amsterdam to an educated middle class family she recently gave me this

45:56

doctorate in law thesis written by her grandfather Isaac van rossom in

46:04

1889 it's titled concerning judgments of disputes between employers and

46:13

workers amongst other things it calls for compulsory mediation before

46:19

arbitration now mediation in Dutch is the zoning derived from zun to

46:28

kiss an expression that some may think as a more romantic ring than Mutual gains

46:36

bargaining after living through the Nazi occupation Mom 2 became a professional dancer later in life she became a

46:43

successful theater director and has directed for leading companies including the Sydney Theater

46:49

Company my parents met in 1961 as young dancers in Amsterdam and within 6 months

46:55

they were married and dancing at ballet romber in London dad was 21 mom was

47:03

22 I was brought up in Richmond London the eldest of three children for a while

47:09

I did ballet classes at the same dance school as my father had studied mom remembers picking me up from

47:15

the underground and me standing on the platform at Peak time shouting look Mom

47:22

and proudly demonstrating my toir

47:27

by his mid-30s my father's dancing days were over and as the attorney said he was offered the position of artistic

47:33

director at the Australian dance theater and so my family including my two

47:38

younger sisters both of us here with us today immigrated to Australia when I was

47:44

11 in 1976 when my twins turned 11 I reflected

47:50

on what a momentous decision that must have been for them we arrived in ad in early November

47:58

it was hot really hot we stayed for the first two weeks in

48:04

Scotty's Motel which features a 5 m concrete Scotsman in a kilt one of

48:11

Australia's first big things nearby were the Adelaide

48:16

Parklands replete with yellow grass hiding a multitude of three cornered

48:21

razor sharp bendies talk about culture shock

48:27

all three Taylor children worked as professional actors at one time or another indeed My First Union was Actors

48:34

Equity none of us however ultimately pursued theater careers Juliet went to

48:39

Nida but then qualified as a primary school teacher and became a principal

48:44

reeby is an associate professor of history at the University of Tasmania and the award-winning author of two

48:51

books now

48:57

no one gets to a position like this without mentors my first at Baker Mckenzie was

49:04

Fiona inity this was at a time when even large firms had no more than one associate

49:11

doing employment law as a result when Fiona went on leave

49:17

I was instructed to send my draft letters to her friend Lynn Burns who worked at malison six floors above

49:25

us next as an industrial officer at azma New South Wales director Martin no Connell taught me how to understand the

49:32

human dynamics of an industrial dispute and demonstrated how to be a good

49:38

leader from there I went to the bar starting at HB Higgins Chambers on the same day as Adam Hatcher now president

49:44

of the fairw Work Commission those formative years at HB Higgins Chambers led to strong

49:50

friendships including three I'll mention my vice president Justice Chun mark

49:56

gibian now Vice President of the fair Work Commission and petus ginus who we

50:01

all sadly Miss in my early years at the bar I had

50:07

the privilege to learn from the best Richard Kenzie KC led me in the

50:12

high court on a number of occasions and in my view was the preeminent industrial

50:17

advocate of his time while Max Kimber SC my excellent

50:22

tutor taught me amongst many other things how to identify what in a case is red

50:32

hot I've made many great friends at the bar including at State Chambers and then at Greenway Chambers and on Bar

50:39

Council who've all Lifted Me and assisted me in so many

50:45

ways I'm glad so many of you are here today I look forward to our continued

50:52

friendships and attorney it's good to hear approval from the first law officer

50:58

of the state for the continuation of the not the New South Wales Bar Association World Cup tipping

51:05

competition finally I want to thank some people first and foremost my wife Louise

51:11

the love of my life my most valued

51:17

advisor and my best friend there's nothing I enjoy more than

51:23

being with her

51:28

My Two children who are here today Ellie and N from whom I have learned so much

51:34

Ellie who's a rower and a photographer lifts the spirits of all those around

51:40

her and is a strong advocate for Equity NY who's about to start a

51:47

doctorate in pure mathematics is a thoughtful young man with outstanding

51:53

values we are so proud of them both

51:59

and Dominique Elder who's worked for me for 20 years who's followed me to the

52:04

court and is sitting below me today she was instrumental to my success at the

52:11

bar can I thank unaa Doyle of the judicial commission and the Judiciary

52:17

for their warm welcome we have been overwhelmed by the goodwi of so

52:24

many can I thank my regist and my fellow commission members for

52:29

being so welcoming and my fellow new justices chin and pulum for their work and

52:36

collegiality since our appointments were announced I am really looking forward to our years of working

52:43

together thank you to our staff including our stage manager for today my

52:48

associate Rebecca salio for organizing this event and my thanks to all of you

52:54

for being good enough to join us today either in person or online to Mark the

52:59

reestablishment of the Court we're about to adjourn you're all

53:05

welcome to join us for the morning tea in the room behind us in the words of the gadigal

53:14

didora Yana janoi thank you for walking with me

53:19

let's walk forward into the future together all stand this honorable

53:26

commission is now

53:43

adjourned door's locked

53:56

constantly tapping

English (auto-generated)