Tribunal members
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
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.
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 and re-appointed on 23 May 2024 for a further three-year term. 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 is 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.
Ms Andrea Lester
Andrea was appointed as a member of the Tribunal for a five year period, commencing on 5 December 2024. She was appointed in 2015 as President of Victoria’s Police Registration and Services Tribunal, which conducts reviews of certain employment decisions affecting police and protective services officers, administers the police professional register, and advises on police education and training. From 2010 to 2015, she consulted in policy and systems reviews, workplace relations, mediation, and investigations. Between 2003 and 2010, Andrea held senior policy and advising roles with the Victorian and Commonwealth Governments, focussing on workplace relations reform, enterprise bargaining and workplace productivity, and justice portfolio issues. Previously, she was in legal practice for 12 years, where she specialised in public sector workplace relations and employment law. Andrea holds a Master of Public Policy and Administration, and degrees in Law (with honours) and Science, from the University of Melbourne.