Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Paragraph 606(2)(b)
Repeal the paragraph, substitute:
(b) the President; or
(c) a Vice President; or
(d) a Deputy President.
Part 2 -- Conflicts of interest
2 Subsections 640(2) and (3)
Repeal the subsections, substitute:
(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.
3 Subsection 640(5)
Repeal the subsection.
4 Paragraph 643(b)
Omit " months; or " , substitute " months. "
5 Paragraph 643(c)
Repeal the paragraph.
Part 3 -- Referral of matters to Full Bench etc.
6 Section 615 (heading)
Repeal the heading, substitute:
615 The President may direct a Full Bench to perform function etc.
7 After section 615
Insert:
615 A When the President must direct a Full Bench to perform function etc.
(1) The President must direct a Full Bench to perform a function or exercise a power in relation to a matter if:
(a) an application is made under subsection ( 2); and
(b) the President is satisfied that it is in the public interest to do so.
Note: The President gives directions under section 582.
(2) The following persons may apply to the FWC to have a Full Bench perform a function or exercise a power in relation to a matter :
(a) a person who has made, or will make, submissions for consideration in the matter;
(b) the Minister.
615B Transfer to a Full Bench from an FWC member
(1) Thi s section applies if:
(a) the President gives a direction referred to in section 615 or 615A that a function be performed or a pow er be exercised by a Full Bench; and
(b) before the President gave the direction, the President had given a direction (the earlier direction ) to an FWC member to perform the function or exercise the power.
(2) The President is taken to have revoked the earlier direction.
( 3 ) T he Full Bench must, when performing the function or exercising the power , take into account:
(a) everything that occurred before the FWC ; and
(b) everything that the FWC did;
in relation to the matter before the Full Bench began to perform the function or exercise the power .
615C Transfer to the President from an FWC member or a Full Bench
(1) This section applies if:
(a) the President decides to perform a function or exercise a power; and
(b) before the President made that decision, the President had given a direction (the earlier direction ) that the function be performed or the power be exe rcised by a Full Bench or an FWC member.
(2) The President is taken to have revoked the earlier direction.
( 3 ) The President must, when performing the function or exercising the power, take into account:
(a) everything that occurred before the FWC ; and
(b) everything that the FWC did;
in relation to the matter before the President began to perform the function or exercise the power.
Part 4 -- Appo inting acting Commissioners
8 Section 648 (heading)
Repeal the heading, substitute:
648 Appointment of acting Deputy Presidents and Commissioners
9 After subsection 648(1)
Insert:
(1A) The Governor - General may, by written instrument, appoint a person who is qualified for appointment as a Commissioner to act as a Commissioner for a specified period (including a period that exceeds 12 months).
Note: See also section 33A of the Acts Interpretation Act 1901 , which contains extra rules about acting appointments.
10 Subsection 648(2)
Omit " to act as a Deputy President " , substitute " under subsection ( 1) or (1A) " .
11 Subsection 648(4)
Omit " to act as a Deputy President under subsection ( 1) " , substitute " under subsection ( 1) or (1A) " .
Part 5 -- Appointing the General Manager
12 At the end of subsection 660(1)
Add " on the nomin ation of the President " .
13 Subsection 668(1)
After " person " , insert " who is nominat ed by the President " .
14 Section 669
Omit all the words after " President " , substitute " before terms and conditions are determined under section 667 " .
15 Section 12 (definition of FWA M ember )
Repeal the definition.
16 Section 12
Insert:
"FWC member" means the President, a Vice President, a Deputy President, a Commissioner or a Minimum Wage Panel Member.
17 Section 12
Insert:
"Vice President" means a Vice President of the FWC .
18 Subsection 508(1) (note)
After " Only a " , insert " Vice President, " .
19 Section 573 (paragraph referring to Division 2 )
After " the President, " , insert " Vice Presidents, " .
20 After paragraph 575(2)(a)
Insert:
(aa) 2 Vice Presidents; and
21 Subsection 584(1)
After " delegate to " , insert " a Vice President or " .
22 Subsection 612(2)
After " taken by " , insert " a Vice President or " .
23 Section 613 (heading)
Repeal the heading, substitute:
24 Subsection 613(2)
After " The President, " , insert " a Vice President " .
25 Paragraph 613(2)(b)
Omit " if President " , substitute " if the President, the Vice President " .
26 Subsection 618(1)
After " one " , insert " FWC M ember who is the President, a Vice President or a " .
27 After paragraph 619(1)(a)
Insert:
(aa) the Vice Presidents, according to the days on which their appointments as Vice Presidents took effect;
(ab) if 2 appointments as Vice Presidents took effect on the same day--the Vice Presidents, according to the precedence assigned to them in their instruments of appointment;
28 Paragraph 622(2)(b)
After " one " , insert " FWC Member who is the President, a Vice President or a " .
29 Subsection 626(2)
After " the President, " , insert " a Vice President, " .
30 Subsection 626(3)
Repeal the subsection, substitute:
(3) The instrument of appointment mus t assign a precedence to the FWC Member if:
(a) the FWC Member and one other FWC Member are appointed as Vice Presidents on the same day; or
(b) the FWC Member and one or more other FWC Members are appointed as Deputy Presidents on the same day.
Note: Precedence is relevant to the seniority of Vice Presidents and Deputy Presidents (see paragraphs 619(1)(ab) and (c)).
31 Paragraph 626(4)(b)
After " the President, " , insert " a Vice President, " .
32 Subsection 627(1) (heading)
Repeal the heading, substitute:
President and Vice Presidents
33 Subsection 627(1)
After " the President " , insert " or a Vice President " .
34 Subsection 628(1) (heading)
After " President , " , insert " Vice Presidents, ".
35 Subsection 628(1)
After " The President, " , insert " a Vice President, " .
36 Subsection 629(1) (heading)
After " President , " , insert " Vice Presidents, ".
37 Subsection 629(1)
After " The President , " , insert " a Vice President, " .
38 Subsection 633(1) (heading)
Before " Deputy ", insert " Vice Presidents, ".
39 Subsection 633(1)
After " A " , insert " Vice President, " .
40 Subsection 644(1) (heading)
Before " Deputy ", insert " Vice Presidents, ".
41 Subsection 644(1)
Before " Deputy President " (wherever occurring) , insert "Vice President,".
42 Section 647 (heading)
Repeal the heading, substitute:
647 Appointment of acting President and Vice President
43 Subsection 647(1)
Omit " a person who is qualified for appointment as the President " , substitute " a Vice President " .
44 After subsection 647(1)
Insert:
(1A) The Governor - General may, by written instrument, appoint a Deputy President to act as a Vice President:
(a) during a vacancy in the office of a Vice President (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when a Vice President is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: See also section 33A of the Acts Interpretation Act 1901 , which contains extra rules about acting appointments.
45 Subsection 647(3)
Omit " to act as the President under subsection ( 1) " , substitute " under subsection ( 1) or (1A) " .
Fair Work (Registered Organisations) Act 2009
46 Section 6
Insert:
"Vice President" means a Vice President of the FWC .
47 Section 33 (heading)
After " by President ", insert " , a Vice President ".
48 Sections 33, 37, 155 and 162
After " the President " , insert " , a Vice President " .
49 Subsection 163(12) ( paragraph ( a) of the definition of appropriate authority )
After " the President " , insert " , a Vice President " .
50 Section 279
After " the President " , insert " , a Vice President " .
51 Subparagraphs 340(1)(b)(i) and (ii)
After " the President " , insert " , a Vice President " .
52 Section 368
After " the President " , insert " , a Vice President " .
Road Safety Remuneration Act 2012
53 Subsection 97(2)
After " be a " , insert " Vice President or " .
54 Subsection 97(3)
After "also be", insert "Vice Presidents,".
55 Subsection 107(1)
After "be a", insert "Vice President or" .
56 Subsection 107(2)
After "be a", insert "Vice President," .
57 Section 12
Insert:
"complaint about an FWC Member" means a complaint referred to in paragraph 581A(1)(a) or section 641A.
58 Section 12
Insert:
"complaint handler" means:
(a) the President; or
(b) a person who is authorised by the President under subsection 581A(3); or
(c) a person who is a member of a body that is authorised by the President under subsection 581A(3).
59 Section 12
Insert:
"handle" a complaint about an FWC Member means do one or more of the following acts relating to the complaint:
(a) consider the complaint;
(b) investigate the complaint;
(c) report on an investigation of the complaint;
(d) deal with a report of an investigation of the complaint;
(e) dispose of the complaint;
(f) refer the complaint to a person or body.
60 Section 12
Insert:
"relevant belief" : a person has a relevant belief in relation to a complaint about an FWC Member if:
(a) the person believes that if one or more of the circumstances that gave rise to the complaint were substantiated, the circumstances would justify considering:
(i) terminating the appointment of the FWC Member in accordance with section 641; or
(ii) (other than if the FWC Member is the President) suspending the FWC Member from office in accordance with section 642; or
(b) the person believes that if one or more of the circumstances that gave rise to the complaint were substantiated, the circumstances may:
(i) adversely affect, or have adversely affected, the performance of duties by the FWC Member; or
(ii) have the capacity to adversely affect, or have adversely affected, the reputation of the FWC.
Note: Sections 641 and 642 deal with termination of appointment and suspension on the grounds of misbehaviour or incapacity.
61 At the end of section 580
Add:
Note: See also section 584B (which deals with protection of persons involved in handling etc. complaints about FWC Members).
62 After section 581
Insert:
581A Dealing with a complaint about an FWC Member
(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).
(1) After consulting the other FWC Members, the President may determine a Code of Conduct for FWC Members.
(2) Subsection ( 1) does not limit section 582 (which deals with directions by the President).
(3) The Code of Conduct must be published on the FWC's website or by any other means that the President considers appropriate.
(4) A determination under subsection ( 1) is not a legislative instrument.
63 Before paragraph 584(1)(a)
Insert:
(a a ) paragraph 581A(1)(b) (which deals with taking measures to maintain public confidence in the FWC); or
64 At the end of Division 2 of Part 5 - 1
Add:
Subdivision C -- Protection of persons involved in handling etc. complaints about FWC Members
584B Protection of persons involved in handling etc. complaints about FWC Members
(1) A person who is exercising powers or performing functions under or for the purposes of paragraph 581A(1)(a), subsections 581A(2) to (5), or section 641A, in relation to a complaint about an FWC Member, or assisting in exercising those powers or performing those functions, has the same protection and immunity as a Justice of the High Court.
(2) A witness requested to attend, or appearing, before a complaint handler or any other person, in relation to a complaint about an FWC Member, has the same protection, and is subject to the same liabilities in proceedings, as a witness in a case tried by the High Court.
(3) A lawyer assisting, or appearing on behalf of a person before, a complaint handler or any other person, in relation to a complaint about an FWC Member, has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
65 After section 641
Insert:
641A Minister may handle complaints about FWC Members
The Minister may handle a complaint about the performance by an FWC Member of his or her duties:
(a) for the purpose of considering whether 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; and
(b) for the purpose of considering whether to advise the Governor - General to suspend the FWC Member.
Note 1: 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.
Note 2: The FWC Member may be suspended under section 642.
Note 3: The complaint is a complaint about an FWC Member (see section 12).
Note 4: For protections for persons involved in relation to handling a complaint about an FWC Member, see section 584B.
Part 8 -- E ngaging in outside work
66 Section 12
Insert:
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
67 Section 633 (heading)
Omit " employment ", substitute " work ".
68 Subsections 633(1) and (2)
Omit "employment", substitute "work".
69 Section 644 (heading)
Omit " employment ", substitute " work ".
70 Subsection 644(1)
Omit "employment", substitute "work".
71 Section 663 (heading)
Omit " employment ", substitute " work ".
72 Section 663
Omit "employment", substitute "work".
73 Paragraph 666(2)(c)
Omit "employment", substitute "work".
74 Section 690 (heading)
Omit " employment ", substitute " work ".
75 Section 690
Omit "employment", substitute "work".
76 Paragraph 693(2)(c)
Omit "employment", substitute "work".
Road Safety Remuneration Act 2012
77 Section 4
Insert:
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
78 Section 99 (heading)
Omit " employment ", substitute " work ".
7 9 Section 99
Omit "employment", substitute "work".
80 Section 106 (heading)
Omit " employment ", substitute " work ".
81 Section 106
Omit "employment", substitute "work".