Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 620

Constitution of an Expert Panel for annual wage reviews

  (1)   An Expert Panel constituted under this subsection for the purpose of an annual wage review conducted under Part   2 - 6 consists of 7 FWC Members (except as provided by section   622), and must include:

  (a)   the President; and

  (b)   3 Expert Panel Members who have knowledge of, or experience in, one or more of the following fields:

  (i)   workplace relations;

  (ii)   economics;

  (iii)   social policy;

  (iv)   business, industry or commerce.

Constitution of an Expert Panel for 4 yearly reviews of default fund terms etc.

  (1A)   An Expert Panel constituted under this subsection for a purpose referred to in subsection   617(4) or (5) consists of 7 FWC Members (except as provided by section   622), and must include:

  (a)   the President, or a Vice President or Deputy President appointed by the President to be the Chair of the Panel; and

  (b)   3 Expert Panel Members who have knowledge of, or experience in, one or more of the following fields:

  (i)   finance;

  (ii)   investment management;

  (iii)   superannuation.

Constitution of Expert Panel for pay equity

  (1B)   An Expert Panel constituted under this subsection for a purpose referred to in subsection   617(6), (7) or (11) or section   617A must include (except as provided by section   622):

  (a)   the President, or a Vice President or Deputy President appointed by the President to be the Chair of the Panel; and

  (b)   at least 2 Expert Panel Members or other FWC Members who have knowledge of, or experience in, one or both of the following fields:

  (i)   gender pay equity;

  (ii)   anti - discrimination; and

  (c)   subject to subsection   (2A), such number (if any) of other FWC Members as the President considers appropriate.

Constitution of Expert Panel for the Care and Community Sector

  (1C)   An Expert Panel constituted under this subsection for a purpose referred to in subsection   617(8) or (11) or section   617A must include (except as provided by section   622):

  (a)   the President, or a Vice President or Deputy President appointed by the President to be the Chair of the Panel; and

  (b)   at least 2 Expert Panel Members or other FWC Members who have knowledge of, or experience in, the Care and Community Sector; and

  (c)   subject to subsection   (2A), such number (if any) of other FWC Members as the President considers appropriate.

Constitution of Expert Panel for pay equity in the Care and Community Sector

  (1D)   An Expert Panel constituted under this subsection for a purpose referred to in subsection   617(9), (10) or (11) or section   617A must include (except as provided by section   622):

  (a)   the President, or a Vice President or Deputy President appointed by the President to be the Chair of the Panel; and

  (b)   at least one Expert Panel Member or other FWC Member who has knowledge of, or experience in, one or both of the following fields:

  (i)   gender pay equity;

  (ii)   anti - discrimination; and

  (c)   at least one Expert Panel Member or other FWC Member who has knowledge of, or experience in, the Care and Community Sector; and

  (d)   subject to subsection   (2A), such number (if any) of other FWC Members as the President considers appropriate.

President to choose FWC Members

  (2)   The President may determine which FWC Members form part of an Expert Panel.

Expert Panels to consist of majority of qualified FWC Members

  (2A)   The President must ensure that an Expert Panel constituted under subsection   (1B), (1C) or (1D) consists of a majority of FWC Members who have the knowledge or experience required under paragraph   620(1B)(b), paragraph   (1C)(b) or paragraphs   (1D)(b) and (c) (as the case may be).

Managing Expert Panels

  (3)   The following person is responsible for managing an Expert Panel in performing the functions and exercising the powers referred to in section   617:

  (a)   if paragraph   (b) does not apply--the President;

  (b)   if the President has appointed a person to be the Chair of the Expert Panel under paragraph   620(1A)(a), (1B)(a), (1C)(a) or (1D)(a)--the Chair.

Making decisions

  (4)   A decision of the majority of the FWC Members of an Expert Panel prevails.

  (5)   However, if there is no majority, the decision of:

  (a)   if paragraph   (b) does not apply--the President; or

  (b)   if the President has appointed a person to be the Chair of the Expert Panel under paragraph   620(1A)(a), (1B)(a), (1C)(a) or (1D)(a)--the Chair;

prevails.