Fair Work Amendment Act 2012 (174 of 2012)

Schedule 8   The Fair Work Commission

Part 7   Handling complaints

Fair Work Act 2009

65   After section 641

Insert:

641A Minister may handle complaints about FWC Members

The Minister may handle a complaint about the performance by an FWC Member of his or her duties:

(a) for the purpose of considering whether each House of the Parliament should consider whether to present to the Governor-General an address praying for the termination of the appointment of the FWC Member; and

(b) for the purpose of considering whether to advise the Governor-General to suspend the FWC Member.

Note 1: The appointment of an FWC Member may be terminated under section 641 if each House of the Parliament presents such an address to the Governor-General.

Note 2: The FWC Member may be suspended under section 642.

Note 3: The complaint is a complaint about an FWC Member (see section 12).

Note 4: For protections for persons involved in relation to handling a complaint about an FWC Member, see section 584B.