Fair Work Amendment Act 2012 (174 of 2012)

Schedule 8   The Fair Work Commission

Part 7   Handling complaints

Fair Work Act 2009

60   Section 12

Insert:

relevant belief : a person has a relevant belief in relation to a complaint about an FWC Member if:

(a) the person believes that if one or more of the circumstances that gave rise to the complaint were substantiated, the circumstances would justify considering:

(i) terminating the appointment of the FWC Member in accordance with section 641; or

(ii)(other than if the FWC Member is the President) suspending the FWC Member from office in accordance with section 642; or

(b) the person believes that if one or more of the circumstances that gave rise to the complaint were substantiated, the circumstances may:

(i) adversely affect, or have adversely affected, the performance of duties by the FWC Member; or

(ii) have the capacity to adversely affect, or have adversely affected, the reputation of the FWC.

Note: Sections 641 and 642 deal with termination of appointment and suspension on the grounds of misbehaviour or incapacity.