Section 641 — Fair Work Act 2009 (Cth)

Termination of appointment on grounds of misbehaviour or incapacity

The Governor‑General may terminate the appointment of an FWC Member if an address praying for the termination, on one of the following grounds, is presented to the Governor‑General by each House of the Parliament in the same session:

(a) proved misbehaviour;

(b) the FWC Member is unable to perform the duties of his or her office because of physical or mental incapacity.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

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
s 640 — Disclosure of interests by FWC Members other than the President
s 641A — Minister may handle complaints about FWC Members
s 641B — Modified application of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
s 642 — Suspension on grounds of misbehaviour or incapacity

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