FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 622 Reconstitution of FWA when FWA Member of a Full Bench or the Minimum Wage Panel becomes unavailable

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 622

             (1)  This section applies if:

                     (a)  an FWA Member (the unavailable member ) forms part of a Full Bench or the Minimum Wage Panel in relation to a matter; and

                     (b)  the FWA Member becomes unavailable to continue dealing with the matter before the matter is completely dealt with.

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

                     (a)  for the Minimum Wage Panel--the President and at least 3 Minimum Wage Panel Members;

                     (b)  for a Full Bench--at least 3 FWA Members, including at least one Deputy President.

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

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