Section 635 — Fair Work Act 2009 (Cth)

Remuneration if the President is not a Judge

(1) The President (other than a President who is a Judge of a court created by the Parliament) is to be paid:

(a) salary at an annual rate equal to the annual rate of salary payable to the Chief Justice of the Federal Court; and

(b) such travelling allowances as are determined from time to time by the Remuneration Tribunal; and

(c) such other allowances as are prescribed by the regulations.

Remuneration if the President is a Judge

(2) A President who is a Judge of a court created by the Parliament must be paid an additional allowance, in accordance with subsection (3), if the salary payable to the person as a Judge is less than the salary that would be payable to the person as President under subsection (1).

(3) The amount of the allowance is the difference between the Judge’s salary and the salary that is payable to the President under subsection (1).

Additional amount

(4) The President or a former President must be paid an amount in accordance with subsection 7(5E) of the Remuneration Tribunal Act 1973 if the President, or former President, would be entitled to that amount had the President or former President held the office of Chief Justice of the Federal Court instead of the office of President.

Related sections

• s 632 — Dual federal and Territory appointments of Deputy Presidents or Commissioners
• s 633 — Outside work of FWC Members
• s 634 — Oath or affirmation of office
• s 636 — Application of Judges’ Pensions Act to the President
• s 637 — Remuneration of FWC Members other than the President
• s 638 — Remuneration of Deputy Presidents or Commissioners performing duties on a part‑time basis

Research how courts apply s 635

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