Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 640

  (1)   This section applies if:

  (a)   an FWC Member (other than the President) is dealing, or will deal, with a matter; and

  (b)   the FWC Member has or acquires any interest (the potential conflict ), pecuniary or otherwise, that conflicts or could conflict with the proper performance of the FWC Member's functions in relation to the matter.

  (2)   The FWC Member must disclose the potential conflict to:

  (a)   a person who has made, or will make, a submission for consideration in the matter; and

  (b)   a person who the FWC Member considers is likely to make a submission for consideration in the matter; and

  (c)   the President.

  (4)   The President must give a direction to the FWC Member not to deal, or to no longer deal, with the matter if:

  (a)   the President becomes aware that an FWC Member has a potential conflict in relation to a matter (whether or not because of a disclosure under subsection   (2)); and

  (b)   the President considers that the FWC Member should not deal, or should no longer deal, with the matter.