5.01Delegation by President of functions and powers of FWC

#### 5.01 Delegation by President of functions and powers of FWC Functions and powers in relation to protected action ballots (1) For the purposes of paragraph 625(2)(i) of the Act, each of the following are prescribed functions or powers: (a) giving a copy of a protected action ballot order to a person under section 445 of the Act; (b) conducting a conference in accordance with section 448A of the Act; (c) approving a person as an eligible protected action ballot agent under subsection 468A(2) of the Act; (d) the functions and powers conferred on the FWC by subsections 468A(4) and (5) of the Act (review of eligible protected action ballot agent’s approval, and actions on review). Other functions and powers (2) For paragraph 625(2)(i) of the Act, each of the following functions is a prescribed function: (a) being satisfied under subregulation 3.02(7) that a person making an application to the FWC under section 365 of the Act will suffer serious hardship if the person is required to pay the fee for the application; (b) being satisfied under subregulation 3.03(7) that a person making an application to the FWC under section 372 of the Act will suffer serious hardship if the person is required to pay the fee for the application; (c) being satisfied under subregulation 3.07(7) that a person making an application to the FWC under Division 5 of Part 3‑2 of the Act will suffer serious hardship if the person is required to pay the fee for the application; (ca) being satisfied under subregulation 3A.03(7) that a person making an application to the FWC under section 536LU of the Act will suffer serious hardship if the person is required to pay the fee for the application; (cb) being satisfied under subregulation 3A.05(7) that a person making an application to the FWC under section 536ND of the Act will suffer serious hardship if the person is required to pay the fee for the application; (d) being satisfied under subregulation 6.05(7) that a person making an application to the FWC under section 773 of the Act will suffer serious hardship if the person is required to pay the fee for the application; (e) being satisfied under subregulation 6.07A(7) that a person making an application to the FWC under subsection 789FC(1) of the Act will suffer serious hardship if the person is required to pay the fee for the application. (3) For paragraph 625(2)(i) of the Act, the power to issue a WHS entry permit to a person under section 134 of the Work Health and Safety Act 2011 is a prescribed power.