South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 37

37—Concurrent appointments

        (1)         A member of the Commission may, with the Minister's approval, be appointed also as a member of an industrial authority under the law of the Commonwealth or another State.

        (2)         If the Minister revokes an approval under subsection (1), the member must resign from office either as a member of the Commission or as a member of the other industrial authority.

        (3)         A member of an industrial authority constituted under the law of the Commonwealth or another State may be appointed also as a member of the Commission and, if such an appointment is made, this Act applies with the following qualifications—

            (a)         the appointment terminates if the member ceases for any reason to hold office as a member of the relevant industrial authority;

            (b)         the member is not entitled to be remunerated as a member of the Commission but is entitled, in circumstances determined by the Governor, to allowances for expenses at rates fixed by the Governor.

        (4)         If a member holds concurrent appointments, then—

            (a)         if the member was appointed first to the Commission and subsequently to the other industrial authority, the extent the member performs the duties of a member of that other industrial authority will be determined by agreement between the President and the head of that other industrial authority;

            (b)         if the member was appointed first to the other industrial authority and subsequently to the Commission, the extent the member performs the duties of a member of the Commission will be determined by agreement between the President and the head of that other industrial authority.