Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 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 perform the duties of his or her office because of physical or mental incapacity.

Statement of grounds

             (2)  The Minister must cause to be tabled in each House of Parliament, within 7 sitting days of that House after the suspension, a statement identifying the FWC Member and setting out the ground of the suspension.

Resolution by a House of Parliament

             (3)  A House of the Parliament may, within 15 sitting days of that House after the day on which the statement has been tabled in it, declare by resolution that the appointment of the FWC Member should be terminated.

Suspension terminates

             (4)  If a House does not pass a resolution in that way, the suspension terminates.

Appointment to be terminated

             (5)  If each House of the Parliament passes a resolution in that way, the Governor-General must terminate the appointment of the FWC Member.

Suspension not to affect entitlements

             (6)  The suspension of an FWC Member under this section does not affect any entitlement of the FWC Member to be paid remuneration, and allowances, in accordance with this Act.



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