Commonwealth Consolidated Acts

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Directions by the President

The President may give directions

  (1)   The President may give directions under subsection   (2) as to the manner in which the FWC is to perform its functions, exercise its powers or deal with matters.

  (2)   The President may give a direction that is of a general nature, or that relates to a particular matter, to one or more of the following persons:

  (a)   an FWC Member;

  (b)   a Full Bench;

  (c)   an Expert Panel;

  (d)   the General Manager.

  (3)   The direction must not relate to a decision by the FWC.

  (4)   Without limiting subsection   (2), the direction may be a direction of the following kind:

  (aa)   a direction about the conduct of 4 yearly reviews of default fund terms of modern awards under Division   4A of Part   2 - 3;

  (ab)   a direction about the exercise of modern award powers in accordance with Division   5 of Part   2 - 3;

  (b)   a direction about the conduct of annual wage reviews;

  (c)   a direction that 2 or more matters be dealt with jointly by one or more single FWC Members or one or more Full Benches;

  (d)   a direction about the transfer between FWC Members (including a transfer between Full Benches) of one or more matters being dealt with by the FWC;

  (e)   a direction that a single FWC Member perform a function or exercise a power in relation to the variation of a modern award.

Persons must comply with the President's directions

  (5)   A person to whom a direction is given must comply with the direction.

Note:   For directions to the General Manager, see section   658.

Direction is not a legislative instrument

  (6)   If a direction is in writing, the direction is not a legislative instrument.

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