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

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

Full Benches—directions on application

(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) For the purposes of paragraph (1)(a), 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.

Full Benches—directions for certain terminations of enterprise agreements

(3) The President must direct a Full Bench to perform a function or exercise a power in relation to a matter arising under section 226 in relation to an application for the termination of an enterprise agreement if:

(a) the President has given a direction to an FWC Member to perform the function or exercise the power; and

(b) the FWC Member is satisfied that any of the following persons covered by the agreement oppose the termination:

(i) an employee;

(ii) an employer;

(iii) an employee organisation.

(4) Subsection (3) does not apply if the FWC Member is satisfied that the enterprise agreement does not, and is not likely to, cover any employees.

(5) Subsection (3) does not prevent a power that may be delegated under subsection 625(1) from being exercised by a single FWC Member or a person to whom the power has been delegated.

Note: The powers that may be delegated under subsection 625(1) include:

(a) the FWC’s power to inform itself as it considers appropriate under section 590 (other than the FWC’s power to hold a hearing); and

(b) the FWC’s power to conduct a conference in accordance with section 592.