Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 637

Remuneration if an FWC Member is not a Judge

  (1)   An FWC Member (other than an FWC Member who is a Judge of a court created by the Parliament) is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the FWC Member is to be paid the remuneration that is prescribed by the regulations.

  (2)   An FWC Member is to be paid the allowances that are prescribed by the regulations.

  (3)   Subsections   (1) and (2) have effect subject to the Remuneration Tribunal Act 1973 and to section   638 (which deals with remuneration of part - time Deputy Presidents and Commissioners).

  (4)   Despite subsections   (1) to (3), if a person who is a member of a prescribed State industrial authority is appointed as a Deputy President or Commissioner, the person is not to be paid any remuneration or allowances in relation to the office of Deputy President or Commissioner other than any travel allowance prescribed under subsection   (2).

Remuneration if an FWC Member is a Judge

  (5)   An FWC Member who is a Judge (other than the Chief Justice of the Federal Court) of a court created by the Parliament is to be paid an additional allowance, in accordance with subsection   (6), if the salary payable to the person as a Judge is less than the salary that would be payable to the person as an FWC Member under subsection   (1).

  (6)   The amount of the allowance is the difference between the Judge's salary and the salary that is payable to the FWC Member under subsection   (1).

Section does not apply to the President

  (7)   This section does not apply to the President.