Fair Work Act 2009
622Reconstitution of the FWC when FWC Member of a Full Bench or an Expert Panel becomes unavailable
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622 Reconstitution of the FWC when FWC Member of a Full Bench or an Expert Panel becomes unavailable
(1) This section applies if:
(a) an FWC Member (the unavailable member) forms part of a Full Bench or an Expert Panel in relation to a matter; and
(b) the FWC Member becomes unavailable to continue dealing with the matter before the matter is completely dealt with.
(2) The Full Bench or the Expert Panel may continue to deal with the matter without the unavailable member if the Full Bench or the Expert Panel consists of the following:
(a) for an Expert Panel other than an Expert Panel referred to in paragraph (aa)—the President and at least 2 Expert Panel Members;
(aa) for an Expert Panel constituted under subsection 620(1B), (1C), (1D) or (1E)—at least 3 FWC Members, of whom:
(i) at least one FWC Member is the President, a Vice President or a Deputy President; and
(ii) a majority of the FWC Members have the knowledge or experience required under paragraph 620(1B)(b), paragraph (1C)(b), paragraphs (1D)(b) and (c) or paragraph (1E)(b) (as the case may be);
(b) for a Full Bench—at least 3 FWC Members, including at least one FWC Member who is the President, a Vice President or a Deputy President.
(3) Otherwise, the President must direct another FWC Member to form part of the Full Bench or the Expert Panel. After the President does so, the Full Bench or the Expert Panel may continue to deal with the matter without the unavailable member.
Note: The new FWC Member must take into account everything that happened before the FWC Member began to deal with the matter (see section 623).
(4) For the purposes of subsection (3), if the President is directing an FWC member to form part of an Expert Panel constituted under subsection 620(1B), (1C), (1D) or (1E), the President must give preference to directing an FWC member that has the knowledge or experience required under paragraph 620(1B)(b), paragraph (1C)(b), paragraphs (1D)(b) and (c) or paragraph (1E)(b) (as the case may be).