625Delegation by the President of functions and powers of the FWC

625 Delegation by the President of functions and powers of the FWC

(1) The President may, in writing, delegate all or any of the following powers of the FWC to the General Manager or a member of the staff of the FWC:

(a) correcting or amending applications and documents, or waiving irregularities, under section 586;

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

(c) conducting a conference in accordance with section 592;

(d) correcting or amending obvious errors, defects or irregularities under section 602.

(2) The President may, in writing, delegate all or any of the following functions or powers of the FWC to a person referred to in subsection (3):

(a) publishing varied modern awards under section 168;

(b) publishing submissions under section 289;

(c) publishing research under section 291;

(d) publishing varied wage rates under section 292;

(da) publishing the results of a protected action ballot under section 457;

(f) imposing conditions on entry permits, revoking or suspending entry permits, or banning the issue of any further entry permits, under section 507 or 510;

(g) the functions and powers of the FWC under Division 6 of Part 3‑4 (which deals with entry permits, entry notices and certificates);

(h) publishing enterprise agreements under paragraph 601(4)(b);

(i) any function or power prescribed by the regulations.

(3) The people to whom a delegation may be given under subsection (2) are any of the following:

(a) the General Manager;

(b) a member of the staff of the FWC who is an SES employee or acting SES employee;

(c) a member of the staff of the FWC who is in a class of employees prescribed by the regulations.

(3A) The President may, in writing, delegate all or any of the functions or powers of the FWC under subsection 368(3) (unresolved dismissal disputes) or subsection 776(3) (unresolved unlawful termination disputes) to any of the following people:

(a) a member of the staff of the FWC who is an SES employee or acting SES employee;

(b) a member of the staff of the FWC who is an APS employee who holds or performs duties of an APS 6 position, or an equivalent or higher position.

(4) In performing functions or exercising powers under a delegation under subsection (1), (2) or (3A), the delegate must comply with any directions of the President.

Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.