Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 581A

  (1)   Without limiting section   581 (which deals with the functions of the President), the President may:

  (a)   deal, in accordance with subsection   (2) of this section, with a complaint about the performance by another FWC Member of his or her duties; and

  (b)   take any measures that the President believes are reasonably necessary to maintain public confidence in the FWC, including (but not limited to) temporarily restricting the duties of the FWC Member.

Note 1:   The complaint is a complaint about an FWC Member (see section   12).

Note 2:   The Minister may also handle complaints about FWC Members (see section   641A).

  (2)   The President may deal with a complaint about an FWC Member referred to in paragraph   (1)(a) by doing either or both of the following:

  (a)   deciding whether or not to handle the complaint and then doing one of the following:

  (i)   dismissing the complaint;

  (ii)   handling the complaint if the President has a relevant belief in relation to the complaint;

  (iii)   arranging for any other person to assist the President to handle the complaint if the President has a relevant belief in relation to the complaint;

  (b)   arranging for any other complaint handlers to decide whether or not to handle the complaint and then to do one of the following:

  (i)   dismiss the complaint;

  (ii)   handle the complaint if each of the complaint handlers has a relevant belief in relation to the complaint.

Note 1:   A complaint handler (other than the President) may handle a complaint by referring it to the President. The President may then do either or both of the things referred to in paragraph   (2)(a) or (b) in respect of the complaint.

Note 2:   For protections for persons involved in relation to handling a complaint about an FWC Member, see section   584B.

Authorisation of persons or bodies

  (3)   The President may authorise, in writing, a person or a body to do one or more of the following in relation to a complaint about an FWC Member referred to in paragraph   (1)(a) (whether in relation to a specific complaint or generally):

  (a)   assist the President to handle the complaint or complaints;

  (b)   decide whether or not to handle the complaint or complaints;

  (c)   dismiss the complaint or complaints;

  (d)   handle the complaint or complaints.

Referral to Minister

  (4)   The President must refer a complaint about an FWC Member referred to in paragraph   (1)(a) to the Minister if, after the complaint has been handled in accordance with subsection   (2), the President is satisfied that:

  (a)   one or more of the circumstances that gave rise to the complaint have been substantiated; and

  (b)   each House of the Parliament should consider whether to present to the Governor - General an address praying for the termination of the appointment of the FWC Member.

Note:   The appointment of an FWC Member may be terminated under section   641 if each House of the Parliament presents such an address to the Governor - General.

  (5)   The Minister must consider whether each House of the Parliament should consider the matter referred to in paragraph   (4)(b).