Section 619 — Fair Work Act 2009: Seniority of FWC Members

(1) While the FWC is constituted by a Full Bench, the FWC Members on the Full Bench have seniority according to the following order: (a) the President; (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; (b) the Deputy Presidents, according to the days on which their appointments as Deputy Presidents took effect; (c) if 2 or more appointments as Deputy Presidents took effect on the same day—the Deputy Presidents, according to the precedence assigned to them in their instruments of appointment. (2) The FWC Member on a Full Bench who has seniority under this section is responsible for managing the Full Bench in performing functions and exercising powers of the FWC. Note: The FWC Member who has seniority also has a deciding vote if there is no majority (see subsection 618(4)).