Section 626 — Fair Work Act 2009 (Cth)

(1) An FWC Member is to be appointed by the Governor‑General by written instrument.

(2) The instrument of appointment must specify whether the FWC Member is the President, a Vice President, a Deputy President, a Commissioner or an Expert Panel Member.

(3) The instrument of appointment must assign a precedence to the FWC Member if:

(a) the FWC Member and one other FWC Member are appointed as Vice Presidents on the same day; or

(b) the FWC Member and one or more other FWC Members are appointed as Deputy Presidents on the same day.

Note: Precedence is relevant to the seniority of Vice Presidents and Deputy Presidents (see paragraphs 619(1)(ab) and (c)).

(4) The same person must not hold, at the same time, an appointment as both:

(a) an Expert Panel Member; and

(b) the President, a Vice President, a Deputy President or a Commissioner.

Related sections

• s 623 — When new FWC Members begin to deal with matters
• s 624 — FWC’s decisions not invalid when improperly constituted
• s 625 — Delegation by the President of functions and powers of the FWC
• s 627 — Qualifications for appointment of FWC Members
• s 628 — Basis of appointment of FWC Members
• s 629 — Period of appointment of FWC Members

Research how courts apply s 626

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.