Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 615A — When the President must direct a Full Bench to perform function etc.
Full Benches—directions on application (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…
Section 615B — Transfer to a Full Bench from an FWC Member
(1) This section applies if: (a) the President gives a direction referred to in section 615 or 615A that a function be performed or a power be exercised by a Full Bench; and (b) before the President…
Section 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…
Section 616 — FWC’s functions etc. that must be performed by a Full Bench
Modern awards (1) Subject to subsections 617(8) and (10B), a modern award must be made under Part 2-3 by a Full Bench. Note: Subsection 617(8) relates to modern awards that must be made by an Expert…
Section 617 — FWC’s functions etc. that must be performed by an Expert Panel
Expert Panel for annual wage reviews (1) An annual wage review must be conducted under Part 2-6 by an Expert Panel constituted for the purposes of the review. Note: For the constitution of an Expert…
Section 617A — President may direct investigations and reports
(1) The President may give a direction under section 582 requiring that a matter that is relevant to the function of an Expert Panel constituted under subsection 620(1B), (1C), (1D) or (1E) be…
Section 617AA — 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…
Section 617B — Research must be published
(1) If the President gives a direction under section 617A requiring a matter to be investigated, and a report about the matter to be prepared, the FWC must publish the report so that submissions can…
Section 618 — Constitution and decision-making of a Full Bench
Constitution of a Full Bench (1) A Full Bench constituted under this section consists of at least 3 FWC Members, including at least one FWC Member who is the President, a Vice President or a Deputy…
Section 619 — 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…
Section 620 — Constitution and decision-making of an Expert Panel
Constitution of an Expert Panel for annual wage reviews (1) An Expert Panel constituted under this subsection for the purpose of an annual wage review conducted under Part 2-6 consists of 7 FWC…
Section 621 — Reconstitution of the FWC when single FWC Member becomes unavailable
(1) This section applies if: (a) an FWC Member is dealing with a matter (other than by forming part of a Full Bench or an Expert Panel in relation to a matter); and (b) the FWC Member becomes…
Section 622 — Reconstitution of the FWC when FWC Member of a Full Bench or an Expert Panel becomes unavailable
(1) This section applies if: (a) an FWC Member (the unavailable member) forms part of a Full Bench or an Expert Panel in relation to a matter; and (b) the FWC Member becomes unavailable to continue…
Section 623 — When new FWC Members begin to deal with matters
If an FWC Member begins to deal with a matter under section 621 or 622, the FWC Member must take into account everything that occurred before the FWC, and everything that the FWC did, in relation to…
Section 624 — FWC’s decisions not invalid when improperly constituted
A decision of the FWC is not invalid merely because it was made by a Full Bench, or an Expert Panel, constituted otherwise than as provided by this Division. Note: If the FWC makes a decision to make…
Section 625 — Delegation by the President of functions and powers of the FWC
(1) The President may, in writing, delegate all or any of the following powers of the FWC to the General Manager or a member of the staff of the FWC: (a) correcting or amending applications and…
Section 626 — Appointment of FWC Members
(1) An FWC Member is to be appointed by the Governor-General by written instrument. (2) The instrument of appointment must specify whether the FWC Member is the President, a Vice President, a Deputy…
Section 627 — Qualifications for appointment of FWC Members
President and Vice Presidents (1) Before the Governor-General appoints a person as the President or a Vice President, the Minister must be satisfied that the person: (a) is or has been a Judge of a…
Section 628 — Basis of appointment of FWC Members
President, Vice Presidents, Deputy Presidents and Commissioners (1) The President, a Vice President, a Deputy President or a Commissioner holds office on a full-time basis. (2) A Deputy President or…
Section 629 — Period of appointment of FWC Members
President, Vice Presidents, Deputy Presidents and Commissioners (1) The President, a Vice President, a Deputy President or a Commissioner holds office until the earliest of the following: (a) he or…
Section 629A — Status of the President
The President has the same status as a Judge of the Federal Court.
Section 630 — Appointment of a Judge not to affect tenure etc.
(1) The appointment of a Judge of a court created by the Parliament as an FWC Member, or service by such a Judge as an FWC Member, does not affect: (a) the Judge’s tenure of office as a Judge; or (b)…
Section 631 — Dual federal and State appointments of Deputy Presidents or Commissioners
(1) Nothing in this Act prevents a Deputy President or Commissioner from being appointed to, and holding at the same time, an office as a member of a prescribed State industrial authority, with the…
Section 632 — Dual federal and Territory appointments of Deputy Presidents or Commissioners
Nothing in this Act prevents a Deputy President or Commissioner from being appointed to, and holding at the same time, one of the following offices, with the President’s approval: (a) an office as a…
Section 633 — Outside work of FWC Members
Vice Presidents, Deputy Presidents and Commissioners (1) A Vice President, Deputy President or Commissioner (whether performing duties on a full-time or part-time basis) must not engage in paid work…
Section 634 — Oath or affirmation of office
Before beginning to discharge the duties of his or her office, an FWC Member must take an oath or affirmation in accordance with the regulations.
Section 635 — Remuneration of the President
Remuneration if the President is not a Judge (1) The President (other than a President who is a Judge of a court created by the Parliament) is to be paid: (a) salary at an annual rate equal to the…
Section 636 — Application of Judges’ Pensions Act to the President
(1) The Judges’ Pensions Act 1968 does not apply to the President if: (a) immediately before being appointed as the President, he or she was one of the following (a public sector superannuation…
Section 637 — Remuneration of FWC Members other than the President
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…
Section 638 — Remuneration of Deputy Presidents or Commissioners performing duties on a part-time basis
(1) If the President approves a Deputy President or Commissioner (the part-time member) performing his or her duties on a part-time basis, the President and the part-time member are to enter into a…
Section 639 — Leave of absence of FWC Members other than the President
(1) An FWC Member has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The President may grant an FWC Member leave of absence, other than recreation leave, on…
Section 640 — Disclosure of interests by FWC Members other than the President
(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),…
Section 641 — Termination of appointment on grounds of misbehaviour or incapacity
The Governor-General may terminate the appointment of an FWC Member if an address praying for the termination, on one of the following grounds, is presented to the Governor-General by each House of…
Section 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…
Section 641B — Modified application of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
(1) The object of this section is to modify the application of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 (the JMIPC Act) so as to allow a Commission to be…
Section 642 — Suspension on grounds of misbehaviour or incapacity
Governor-General may suspend an FWC Member (1) The Governor-General may suspend an FWC Member (other than the President) from office: (a) for misbehaviour; or (b) if the FWC Member is unable to…
Section 643 — Termination of appointment for bankruptcy, etc.
The Governor-General must terminate the appointment of an FWC Member (other than the President) if: (a) the FWC Member becomes bankrupt, applies to take the benefit of any law for the relief of…
Section 644 — Termination of appointment for outside work
Vice Presidents, Deputy Presidents and Commissioners (1) The Governor-General must terminate the appointment of a Vice President, Deputy President or Commissioner if the Vice President, Deputy…
Section 645 — Resignation of FWC Members
(1) An FWC Member may resign his or her appointment by giving the Governor-General a written resignation. (2) The resignation takes effect on the day it is received by the Governor-General or, if a…
Section 646 — Other terms and conditions of FWC Members
An FWC Member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.
Section 647 — Appointment of acting President and Vice President
Appointment by Governor-General (1) The Governor-General may, by written instrument, appoint a Vice President to act as the President: (a) during a vacancy in the office of the President (whether or…
Section 648 — Appointment of acting Deputy Presidents and Commissioners
Appointment by Governor-General (1) The Governor-General may, by written instrument, appoint a person who is qualified for appointment as a Deputy President to act as a Deputy President for a…
Section 649 — President to cooperate with prescribed State industrial authorities
(1) The President must perform his or her functions, and exercise his or her powers, in a manner that facilitates and encourages cooperation between the FWC and prescribed State industrial…
Section 650 — Provision of administrative support
The President may make a written arrangement with a prescribed State industrial authority for: (a) the FWC to provide administrative support to the authority; or (b) the authority to provide…
Section 651 — Seals
Seal of the FWC (1) The FWC must have a seal on which are inscribed the words “The Seal of the Fair Work Commission”. Duplicate seals (2) There are to be such duplicates of the seal of the FWC as the…
Section 652 — Annual report
(1) The President must, as soon as practicable after the end of each financial year, prepare a report on the operations of the FWC during that year. Note 1: See also section 34C of the Acts…
Section 653 — Reports about making enterprise agreements, individual flexibility arrangements etc.
Review and research (1) The General Manager must: (a) review the developments, in Australia, in making enterprise agreements; and (b) conduct research into the extent to which individual flexibility…
Section 653A — Arrangements with the Federal Court and the Federal Circuit and Family Court of Australia (Division 2)
The General Manager may make a written arrangement with the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for the FWC to provide administrative support to the Fair…
Section 654 — President must provide certain information etc. to the Minister and Fair Work Ombudsman
(1) The President must provide to the Minister and the Fair Work Ombudsman information and copies of documents prescribed by the regulations by the time, and in the form, prescribed. (2) The…
Section 655 — Disclosure of information by the FWC
Information to which this section applies (1) This section applies to the following information: (a) information acquired by the FWC, or a member of the staff of the FWC, in the course of performing…