Under section 58G of the Defence Act 1903 the Tribunal shall consist of:
- a President (who shall also be a Deputy President of the Fair Work Commission)
- a person who is experienced in industrial relations matters; and
- a person who was, but no longer is, a member of the Permanent Forces (although may be a member of the Reserves).
The current Tribunal members are:
Bernadette O’Neill was appointed as the President of the Tribunal for a five year period commencing 20 July 2023. She was appointed a Deputy President of the Fair Work Commission (FWC) in October 2022, having been a Commissioner since April 2021. Prior to her appointment as a Member of the FWC, Bernadette had been the FWC General Manager since 2012. She has also held senior executive positions in the Commission and the Victorian Government in workplace relations along with extensive experience in private legal practice and the trade union movement. Bernadette holds a Bachelor of Laws degree, ANZSOG Executive Master in Public Administration and is a Graduate of the Australian Institute of Company Directors.
Adrian Morris was appointed as a Member of the Tribunal for a five year period commencing 12 May 2016 and re-appointed for a further three years on 23 July 2021. He is presently a Senior Consultant in the industrial relations and employment group of the law firm Ashurst. He was a partner in that firm (previously known as Blake Dawson) from 1979 to April 2016.
Adrian has advised on strategic planning, change management, industrial relations and employment issues across a wide spectrum of industries including mining, oil, maritime, stevedoring, transport, manufacturing and construction.
Adrian was National Practice Leader of the firm's industrial relations and employment practice from 1996 to 2003. From 2003 to 2006, he was an Executive Partner and a member of the firm's executive team with responsibilities including the industrial relations, employment, litigation and dispute resolution practice areas. He has also served as a NSW Legal Aid Commissioner. Adrian is a graduate of Sydney University with Bachelor of Arts and Bachelor of Laws degrees.
Major General Gerard Fogarty, AO (Retd)
Major General Fogarty was appointed as a Member of the Tribunal for a three year period commencing 10 December 2020. He retired from the Australian Army in early 2014. His military career was predominantly in the fields of Command and Leadership, and Human Resource Management.
Major General Fogarty was recently the Chief Executive Officer of Defence Health Limited, a restricted not-for-profit Private Health Insurance company located in Melbourne. He is also a Director of the Australian Health Service Alliance, Private Healthcare Australia and the Defence Health Foundation.
He holds a Bachelor of Business from the University of South Australia, a Masters of Business Administration from the University of New England and a Masters in Strategic Studies from the United States Army War College in Carlisle, Pennsylvania.