Section 636 — Fair Work Act 2009 (Cth)

(1) The Judges’ Pensions Act 1968 does not apply to the President if:

(a) immediately before being appointed as the President, he or she was one of the following (a public sector superannuation scheme member):

(i) an eligible employee for the purposes of the Superannuation Act 1976;

(ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990;

(iii) an ordinary employer‑sponsored member of PSSAP (within the meaning of the Superannuation Act 2005); and

(b) he or she does not make an election under subsection (2).

(2) The President may elect to cease to be a public sector superannuation scheme member.

(3) The election must be made:

(a) within 3 months of the President’s appointment; and

(b) by written notice to the Minister.

(4) If the President makes the election:

(a) he or she is taken to have ceased to be a public sector superannuation scheme member immediately before being appointed as the President; and

(b) the Judges’ Pensions Act 1968 applies to him or her, and is taken to have so applied, immediately after he or she was appointed as the President.

Related sections

• s 633 — Outside work of FWC Members
• s 634 — Oath or affirmation of office
• s 635 — Remuneration of 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
• s 639 — Leave of absence of FWC Members other than the President

Research how courts apply s 636

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