Fair Work Amendment Act 2012 (174 of 2012)

Schedule 8   The Fair Work Commission

Part 3   Referral of matters to Full Bench etc.

Fair Work Act 2009

7   After section 615

Insert:

615A When the President must direct a Full Bench to perform function etc.

(1) The President must direct a Full Bench to perform a function or exercise a power in relation to a matter if:

(a) an application is made under subsection (2); and

(b) the President is satisfied that it is in the public interest to do so.

Note: The President gives directions under section 582.

(2) The following persons may apply to the FWC to have a Full Bench perform a function or exercise a power in relation to a matter:

(a) a person who has made, or will make, submissions for consideration in the matter;

(b) the Minister.

615B Transfer to a Full Bench from an FWC member

(1) This section applies if:

(a) the President gives a direction referred to in section 615 or 615A that a function be performed or a power be exercised by a Full Bench; and

(b) before the President gave the direction, the President had given a direction (the earlier direction ) to an FWC member to perform the function or exercise the power.

(2) The President is taken to have revoked the earlier direction.

(3) The Full Bench must, when performing the function or exercising the power, take into account:

(a) everything that occurred before the FWC; and

(b) everything that the FWC did;

in relation to the matter before the Full Bench began to perform the function or exercise the power.

615C Transfer to the President from an FWC member or a Full Bench

(1) This section applies if:

(a) the President decides to perform a function or exercise a power; and

(b) before the President made that decision, the President had given a direction (the earlier direction ) that the function be performed or the power be exercised by a Full Bench or an FWC member.

(2) The President is taken to have revoked the earlier direction.

(3) The President must, when performing the function or exercising the power, take into account:

(a) everything that occurred before the FWC; and

(b) everything that the FWC did;

in relation to the matter before the President began to perform the function or exercise the power.