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Chapter 5Administration

Part 5-1Fair Work Commission Division 5FWC members

Regulation5.02

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, taken to be a Deputy President of FWA:

(a) the person has the same rank, status and precedence as a Judge of the Federal Court; and

(b) to avoid doubt, if the Judges' Pension Act 1968 applies to the person, that Act continues to apply to the person; and

(c) if the salary payable to the person under section 79 of the Workplace Relations Act 1996 is more than the salary that would be payable to the person as Vice President under section 637 of the Act—the person is entitled to receive the amount that was payable to the person under section 79 of the Workplace Relations Act 1996 immediately prior to the appointment; and

(d) section 639 of the Act does not apply to the person.

5.02Dual federal and Territory appointments of Deputy Presidents or Commissioners

(1) For paragraph 632(a) of the Act, the following Commonwealth tribunals are prescribed:

(a) the Defence Force Remuneration Tribunal;

(b) the Pharmaceutical Benefits Remuneration Tribunal;

(c) the Road Safety Remuneration Tribunal.

(2) For paragraph 632(a) of the Act, the following Territory tribunals are prescribed:

(a) the Prison Officers Arbitral Tribunal of the Northern Territory;

(b) the Police Officers Arbitral Tribunal of the Northern Territory.

5.03Oath and affirmation of office

(1) For section 634 of the Act, the oath and affirmation for an FWC Member are set out in Schedule 5.1.

(2) An oath or affirmation to be taken by the President must be taken before:

(a) the Governor-General; or

(b) a Justice of the High Court; or

(c) a Judge of the Federal Court;or

(d) a Judge of the Supreme Court of a State or a Territory.

(3) An oath or affirmation to be taken by an FWC Member other than the President must be taken before:

(a) the Governor-General; or

(b) a Justice of the High Court; or

(c) a Judge of the Federal Court;or

(d) a Judge of the Supreme Court of a State or a Territory; or

(e) the President.

78

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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