Commonwealth Numbered Acts

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 640

             (1)  This section applies if:

                     (a)  an FWA Member (other than the President) is dealing, or will deal, with a matter; and

                     (b)  the FWA Member has or acquires any interest (the potential conflict ), pecuniary or otherwise, that conflicts or could conflict with the proper performance of the FWA Member's functions in relation to the matter.

             (2)  An FWA Member must disclose a potential conflict to the President.

             (3)  If an FWA Member discloses a potential conflict to the President, the FWA Member may only deal, or continue to deal, with the matter with the President's approval.

             (4)  The President must give a direction to the FWA Member not to deal, or to no longer deal, with the matter if:

                     (a)  the President becomes aware that an FWA Member has a potential conflict in relation to a matter (whether or not because of a disclosure under subsection (2)); and

                     (b)  the President considers that the FWA Member should not deal, or should no longer deal, with the matter.

             (5)  To avoid doubt, subsection (4) applies in relation to an FWA Member even if the President has previously given approval to the FWA Member under subsection (3).