Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 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 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)).


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