Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 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 dealing with the matter before the matter is completely dealt with.

             (2)  The Full Bench or the Expert Panel may continue to deal with the matter without the unavailable member if the Full Bench or the Expert Panel consists of the following:

                     (a)  for the Expert Panel--the President and at least 2 Expert Panel Members;

                     (b)  for a Full Bench--at least 3 FWC Members, including at least one FWC Member who is the President, a Vice President or a Deputy President.

             (3)  Otherwise, the President must direct another FWC Member to form part of the Full Bench or the Expert Panel. After the President does so, the Full Bench or the Expert Panel may continue to deal with the matter without the unavailable member.

Note:          The new FWC Member must take into account everything that happened before the FWC Member began to deal with the matter (see section 623).



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