Section 617AA — Fair Work Act 2009: Full Bench and Expert Panel with identical membership

(1) This section applies if a Full Bench and an Expert Panel consist of the same FWC Members. (2) In performing its functions or exercising its powers, the Full Bench is not limited by: (a) the functions or powers of the Expert Panel; or (b) the purposes for which the Expert Panel was constituted. (3) In performing its functions or exercising its powers, the Expert Panel is not limited by the functions or powers of the Full Bench. (4) Without limiting subsection (2) or (3), a reference in this section to performing a function or exercising a power includes a reference to the following: (a) making a determination or modern award under subsection 157(1); (b) making a determination under subsection 157(2); (c) making an equal remuneration order under section 302; (d) performing a function or exercising a power under section 159, 160 or 161 (about variations of modern awards); (e) performing a function or exercising a power under Chapter 3A; (f) dealing with a matter that the President considers might relate to the road transport industry. (5) This section is enacted for the avoidance of doubt.