Commonwealth: Fair Work Amendment Act 2012 (Cth)

Fair Work Amendment Act 2012 No. 174, 2012 as amended Compilation start date: 28 June 2013 Includes amendments up to: Act No. 89, 2013 About this compilation The compiled Act This is a compilation of the Fair Work Amendment Act 2012 as amended and in force on 28 June 2013. It includes any amendment affecting the compiled Act to that date. This compilation was prepared on 14 August 2013. The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision. Uncommenced provisions and amendments If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes. Application, saving and transitional provisions for amendments If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes. Modifications If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes. Provisions ceasing to have effect If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes. Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Default superannuation Fair Work Act 2009 Schedule 2—Expert Panel Fair Work Act 2009 Fair Work (Registered Organisations) Act 2009 Road Safety Remuneration Act 2012 Schedule 3—Modern awards Part 1—Variation etc. of modern awards Fair Work Act 2009 Part 2—Applications to vary etc. modern awards Fair Work Act 2009 Schedule 4—Enterprise agreements Part 1—Enterprise agreements covering a single employee Fair Work Act 2009 Part 2—Bargaining representatives Fair Work Act 2009 Part 3—Unlawful terms Fair Work Act 2009 Part 4—Scope orders Fair Work Act 2009 Part 5—Notice of employee representational rights Fair Work Act 2009 Schedule 5—General protections Part 1—Time limits for making applications Fair Work Act 2009 Part 2—The persons protected by the general protections Fair Work Act 2009 Schedule 6—Unfair dismissal Part 1—Time limits for making applications Fair Work Act 2009 Part 2—Power to dismiss applications Fair Work Act 2009 Part 3—Costs orders against parties Fair Work Act 2009 Part 4—Costs orders against lawyers and paid agents Fair Work Act 2009 Schedule 7—Industrial action Part 1—Electronic voting in protected action ballots Fair Work Act 2009 Part 2—Employees to be balloted in protected action ballots Fair Work Act 2009 Part 3—Conducting protected action ballots Fair Work Act 2009 Schedule 8—The Fair Work Commission Part 1—Stay orders Fair Work Act 2009 Part 2—Conflicts of interest Fair Work Act 2009 Part 3—Referral of matters to Full Bench etc. Fair Work Act 2009 Part 4—Appointing acting Commissioners Fair Work Act 2009 Part 5—Appointing the General Manager Fair Work Act 2009 Part 6—Vice Presidents Fair Work Act 2009 Fair Work (Registered Organisations) Act 2009 Road Safety Remuneration Act 2012 Part 7—Handling complaints Fair Work Act 2009 Part 8—Engaging in outside work Fair Work Act 2009 Road Safety Remuneration Act 2012 Schedule 9—Changing the name of Fair Work Australia Part 1—Amendments to Fair Work legislation Fair Work Act 2009 Fair Work (Building Industry) Act 2012 Fair Work (Registered Organisations) Act 2009 Fair Work (Registered Organisations) Amendment Act 2012 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 Part 2—Other amendments Australian Crime Commission Act 2002 Australian Human Rights Commission Act 1986 Coal Mining Industry (Long Service Leave) Administration Act 1992 Defence Act 1903 Judges' Pensions Act 1968 Jury Exemption Act 1965 Legislative Instruments Act 2003 National Health Act 1953 Northern Territory (Self‑Government) Act 1978 Occupational Health and Safety (Maritime Industry) Act 1993 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Paid Parental Leave Act 2010 Remuneration Tribunal Act 1973 Road Safety Remuneration Act 2012 Seat of Government (Administration) Act 1910 Social Security Act 1991 Superannuation Guarantee (Administration) Act 1992 Work Health and Safety Act 2011 Part 3—Contingent amendments Fair Work Act 2009 Fair Work (Registered Organisations) Act 2009 Part 4—Transitional provisions Schedule 10—Other amendments Part 1—Costs orders in court proceedings Fair Work Act 2009 Part 2—Technical correction Fair Work Act 2009 Schedule 11—Application, transitional and saving provisions Fair Work Act 2009 Endnotes Endnote 1—Legislation history Endnote 2—Amendment history Endnote 3—Uncommenced amendments [none] Endnote 4—Misdescribed amendments [none] An Act to amend the law relating to workplace relations, and for related purposes 1 Short title This Act may be cited as the Fair Work Amendment Act 2012. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 4 December 2012 2. Schedule 1 The later of: 1 January 2014 (a) 1 January 2014; and (paragraph (a) applies) (b) the commencement of item 1 of Schedule 4 to the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 3. Schedule 2 The later of: 1 July 2013 (a) 1 July 2013; and (paragraph (a) applies) (b) the commencement of item 1 of Schedule 4 to the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedules 3 to 8 A single day to be fixed by Proclamation. 1 January 2013 However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (see F2012L02450) 5. Schedule 9, Parts 1 and 2 At the same time as the provision(s) covered by table item 4. 1 January 2013 6. Schedule 9, Part 3, items 1339 to 1383 The later of: 1 January 2013 (a) the same time as the provision(s) covered by table item 4; and (paragraph (a) applies) (b) immediately after the commencement of the Fair Work Amendment (Transfer of Business) Act 2012. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 7. Schedule 9, Part 3, item 1384 The later of: 1 January 2014 (a) the same time as the provision(s) covered by table item 4; and (paragraph (b) applies) (b) immediately after the commencement of Part 2 of Schedule 1 to the Fair Work (Registered Organisations) Amendment Act 2012. 8. Schedule 9, Part 3, item 1385 The later of: 1 January 2013 (a) the same time as the provision(s) covered by table item 4; and (paragraph (a) applies) (b) immediately after the commencement of the Fair Work Amendment (Transfer of Business) Act 2012. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 9. Schedule 9, Part 4 At the same time as the provision(s) covered by table item 4. 1 January 2013 10. Schedule 10 At the same time as the provision(s) covered by table item 4. 1 January 2013 11. Schedule 11 The day this Act receives the Royal Assent. 4 December 2012 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Default superannuation Fair Work Act 2009 1 Section 12 Insert: corporate MySuper product: see subsection 23A(3). 2 Section 12 Insert: default fund term: see subsection 149C(2). 3 Section 12 Insert: Default Superannuation List: see subsection 156B(1). 3A Section 12 Insert: employer MySuper product: see subsection 23A(1B). 4 Section 12 Insert: first stage criteria: see section 156F. 4A Section 12 Insert: first stage test: see section 156Q. 5 Section 12 Insert: interim application period: see paragraph 156N(2)(b). 5A Section 12 (definition of MySuper product) Repeal the definition, substitute: MySuper product: see subsection 23A(1). 5B Section 12 Insert: Schedule of Approved Employer MySuper Products: see paragraph 156L(1)(a). 6 Section 12 Insert: second stage test: (a) in relation to a standard MySuper product—see subsection 156H(2); and (b) in relation to an employer MySuper product—see section 156S. 6A Section 12 Insert: standard application period: see paragraph 156N(2)(a). 6B Section 12 Insert: standard MySuper product: see subsection 23A(1A). 7 Section 12 Insert: superannuation fund means a superannuation fund or a superannuation scheme. 8 Section 12 Insert: tailored MySuper product: see subsection 23A(2). 9 At the end of Division 4 of Part 1‑2 Add: 23A Terms relating to superannuation (1) MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993. (1A) A standard MySuper product is a MySuper product that is not an employer MySuper product. (1B) An employer MySuper product is a tailored MySuper product or a corporate MySuper product. (2) A tailored MySuper product is a MySuper product in relation to which section 29TB of the Superannuation Industry (Supervision) Act 1993 is satisfied. (3) A corporate MySuper product is a MySuper product that is offered by a superannuation fund that: (a) is a standard employer‑sponsored fund (within the meaning of the Superannuation Industry (Supervision) Act 1993); and (b) is not a public offer superannuation fund (within the meaning of that Act); and (c) has: (i) one standard employer‑sponsor (within the meaning of that Act); or (ii) 2 or more standard employer‑sponsors (within the meaning of that Act) that are associates of each other for the purposes of that Act. (4) A reference in this Act to a superannuation fund doing a thing in relation to a matter (for example, offering a MySuper product or making an application or submission) is a reference to the RSE licensee (within the meaning of the Superannuation Industry (Supervision) Act 1993) of the fund doing that thing. 10 Section 132 (paragraph relating to Division 4) After "reviews of modern awards", insert "(other than in relation to default fund terms of modern awards)". 11 Section 132 (after the paragraph relating to Division 4) Insert: Division 4A provides for the FWC to conduct 4 yearly reviews of default fund terms of modern awards. It also sets out the process for making the Schedule of Approved Employer MySuper products in a 4 yearly review, and amending the schedule after it is made to include other employer MySuper products. If an employer MySuper product is on the schedule, an employer covered by a modern award can make contributions, for the benefit of a default fund employee, to a superannuation fund that offers the product (see subsection 149D(1A)). 12 Section 149A Repeal the section. 13 At the end of Subdivision C of Division 3 of Part 2‑3 Add: 149B Term requiring avoidance of liability to pay superannuation guarantee charge A modern award must include a term that requires an employer covered by the award to make contributions to a superannuation fund for the benefit of an employee covered by the award so as to avoid liability to pay superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the employee. 149C Default fund terms (1) A modern award must include a default fund term that complies with section 149D. (2) A default fund term is a term of a modern award that requires, permits or prohibits an employer covered by the award to make contributions to a superannuation fund for the benefit of an employee (a default fund employee) who: (a) is covered by the award; and (b) has no chosen fund (within the meaning of the Superannuation Guarantee (Administration) Act 1992). 149D Default fund term must provide for contributions to be made to certain funds Specified superannuation fund offering standard MySuper product (1) A default fund term of a modern award must require an employer covered by the award to make contributions, for the benefit of a default fund employee, to a superannuation fund that: (a) offers a standard MySuper product; and (b) is specified in the default fund term of the award in relation to that product; if: (c) the employer will be liable to pay superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the employee if the employer does not make contributions to a superannuation fund for the benefit of the employee; and (d) the employer is not making contributions to a superannuation fund referred to in subsection (1A), (2), (3), (4) or (5) for the benefit of the employee. Note: If a superannuation fund is specified in the default fund term of a modern award in relation to a standard MySuper product and, in addition to offering the standard MySuper product, the fund offers a tailored MySuper product that a default fund employee is entitled to hold, then any contributions made by the employer to the fund for the benefit of that employee will be paid into the tailored MySuper product instead of the standard MySuper product (see section 29WB of the Superannuation Industry (Supervision) Act 1993). Superannuation funds offering employer MySuper products on the schedule (1A) A default fund term of a modern award must permit an employer covered by the award to make contributions, for the benefit of a default fund employee, to a superannuation fund that offers an employer MySuper product that: (a) relates to the employer; and (b) is on the Schedule of Approved Employer MySuper Products. Note: The Schedule of Approved Employer MySuper Products is made during a 4 yearly review of default fund terms of modern awards under Division 4A of Part 2‑3. Defined Benefits Scheme (2) A default fund term of a modern award must permit an employer covered by the award to make contributions, for the benefit of a default fund employee, to a superannuation fund in relation to which a default fund employee is a defined benefit member. Exempt public sector superannuation scheme (3) A default fund term of a modern award must permit an employer covered by the award to make contributions, for the benefit of a default fund employee, to a superannuation fund that is an exempt public sector superannuation scheme. State public sector superannuation scheme (4) A default fund term of a modern award must permit an employer covered by the award to make contributions, for the benefit of a default fund employee, to a superannuation fund that: (a) is a public sector superannuation scheme (within the meaning of the Superannuation Industry (Supervision) Act 1993); and (b) a law of a State requires the employer to make contributions to for the benefit of the employee. Transitionally authorised superannuation fund (5) A default fund term of a modern award must permit an employer covered by the award to make contributions, for the benefit of a default fund employee, to a superannuation fund in relation to which a transitional authorisation is in operation under section 156K. 14 Section 155A Repeal the section. 15 At the end of subsection 156(2) Add: ; and (c) must not review, or make a determination to vary, a default fund term of a modern award. 16 Subsection 156(2) (note) Omit "Note", substitute "Note 1". 17 At the end of subsection 156(2) Add: Note 2: For reviews of default fund terms of modern awards, see Division 4A. 18 After Division 4 of Part 2‑3 Insert: Division 4A—4 yearly reviews of default fund terms of modern awards Subdivision A—4 yearly reviews of default fund terms 156A 4 yearly reviews of default fund terms Timing of 4 yearly reviews (1) The FWC must conduct a 4 yearly review of default fund terms of modern awards starting as soon as practicable after each 4th anniversary of the commencement of this Part. Note: The President may give directions about the conduct of those reviews (see section 582). Two stages of the 4 yearly reviews (2) There are 2 stages of the 4 yearly review. First stage—the Default Superannuation List (3) In the first stage, the FWC must make the Default Superannuation List for the purposes of the review. Note: In the first stage, the FWC must be constituted by an Expert Panel for the purposes of making the list and determining applications to include standard MySuper products on the list (see paragraphs 617(4)(a) and (b)). Second stage—reviewing and varying default fund terms (4) In the second stage, the FWC: (a) must review the default fund term of each modern award; and (b) must make a determination varying the term in accordance with section 156H; and (c) if section 156J applies—must make a determination varying the term in accordance with that section. Note: For the second stage, the FWC must be constituted by a Full Bench (see subsections 616(2A) and (3A)). The Schedule of Approved Employer MySuper Products (5) In the 4 yearly review, the FWC must also make the Schedule of Approved Employer MySuper Products. Note: The FWC must be constituted by an Expert Panel for the purposes of making the schedule and determining applications to include employer MySuper products on the schedule (see paragraphs 617(4)(c) and (d)). Subdivision B—The first stage of the 4 yearly review 156B Making the Default Superannuation List (1) In the 4 yearly review, the FWC must make and publish the Default Superannuation List. (2) The Default Superannuation List must specify each standard MySuper product that the FWC has determined under section 156E is to be included on the list. (3) The Default Superannuation List must not specify any other product. 156C Applications to list a standard MySuper product (1) Before making the Default Superannuation List, the FWC must publish a notice that invites superannuation funds that offer a standard MySuper product to apply to the FWC to have the product included on the list. (2) The notice must specify the period in which an application may be made. (3) After the notice is published, a superannuation fund that offers a standard MySuper product may make a written application to have the product included on the list. (4) The application must: (a) be made in the period specified in the notice; and (b) be accompanied by any fees that are prescribed by the regulations; and (c) provide information relating to the first stage criteria. (5) The FWC must publish any application made under subsection (3). (6) However, if an application includes information that is claimed by the superannuation fund to be confidential or commercially sensitive, and the FWC is satisfied that the information is confidential or commercially sensitive: (a) the FWC may decide not to publish the information; and (b) if it does so, it must instead publish a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive). (7) A reference in this Act (other than in this section) in relation to an application made under subsection (3) includes a reference to a summary referred to in paragraph (6)(b). 156D Submissions on applications to list a standard MySuper product (1) The FWC must ensure that all persons and bodies have a reasonable opportunity to make written submissions to the FWC in relation to an application made under subsection 156C(3). (2) If: (a) a person or body makes a written submission in relation to an application made under subsection 156C(3); and (b) the person or body has an interest in relation to: (i) the superannuation fund that made the application; or (ii) if the person or body refers to another superannuation fund in the submission—that superannuation fund; then the person or body must disclose that interest in the submission. (3) The FWC must publish any submission that is made. 156E Determining applications to list a standard MySuper product (1) If an application is made under subsection 156C(3) to have a standard MySuper product included on the Default Superannuation List, the FWC must make a determination about whether to include the product on the list. (2) The FWC must not determine that the product is to be included on the list unless, taking into account: (a) the information provided in the application; and (b) the first stage criteria; and (c) any submissions that were made in relation to the application; the FWC is satisfied that including the product on the list would be in the best interests of default fund employees to whom modern awards apply or a particular class of those employees. 156F First stage criteria The first stage criteria are as follows: (a) the appropriateness of the MySuper product's long term investment return target and risk profile; (b) the superannuation fund's expected ability to deliver on the MySuper product's long term investment return target, given its risk profile; (c) the appropriateness of the fees and costs associated with the MySuper product, given: (i) its stated long term investment return target and risk profile; and (ii) the quality and timeliness of services provided; (d) the net returns on contributions invested in the MySuper product; (e) whether the superannuation fund's governance practices are consistent with meeting the best interests of members of the fund, including whether there are mechanisms in place to deal with conflict of interest; (f) the appropriateness of any insurance offered in relation to the MySuper product; (g) the quality of advice given to a member of the superannuation fund relating to the member's existing interest in the fund and products offered by the fund; (h) the administrative efficiency of the superannuation fund; (i) any other matters the FWC considers relevant. Subdivision C—Second stage of the 4 yearly review 156G Review of the default fund term of modern awards (1) As soon as practicable after the Default Superannuation List is made, the FWC must review the default fund term of each modern award. (2) The FWC must ensure that the following persons have a reasonable opportunity to make written submissions (including submissions requesting that a particular superannuation fund be specified in the term in relation to a standard MySuper product) to the FWC in relation to the default fund term of the award: (a) an employee and employer that are covered by the modern award; (b) an organisation that is entitled to represent the industrial interests of one or more employees or employers that are covered by the award; (c) if the award includes an outworker term—an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the outworker term relates. (3) If: (a) a person or body (whether or not a person referred to in subsection (2)) makes a written submission in relation to the default fund term of a modern award; and (b) the person or body refers to a particular superannuation fund in the submission; and (c) the person or body has an interest in relation to that superannuation fund; then the person or body must disclose that interest in the submission. (4) The FWC must publish any submission that is made. 156H Default fund term must specify certain superannuation funds (1) After reviewing the default fund term of a modern award, the FWC must make a determination varying the term: (a) to remove every superannuation fund that is specified in the term; and (b) to specify at least 2, but no more than 15, superannuation funds in relation to standard MySuper products that satisfy the second stage test. Note: See subsection (3) for when the default fund term may specify more than 15 superannuation funds. (2) A standard MySuper product satisfies the second stage test if: (a) it is on the Default Superannuation List; and (b) the FWC is satisfied that specifying a superannuation fund in relation to the product in the default fund term of the modern award would be in the best interests of the default fund employees to whom the modern award applies, taking into account: (i) any submissions that were made in relation to the default fund term of the award; and (ii) any other matter the FWC considers relevant. (3) The default fund term may specify more than 15 superannuation funds in relation to standard MySuper products that satisfy the second stage test if, taking into account the range of occupations of employees covered by the modern award, the FWC is satisfied it is warranted. 156J Variation to comply with section 149D If, at the time of the 4 yearly review, the default fund term of a modern award does not comply with section 149D, the FWC must make a determination varying the term so that it does. 156K Transitional authorisation for certain superannuation funds (1) The FWC may make a transitional authorisation in relation to a superannuation fund (other than a superannuation fund referred to in subsection 149D(1), (1A), (2), (3) or (4)) if, at the time of the 4 yearly review, the FWC is satisfied that it is appropriate to make the authorisation. (2) The transitional authorisation comes into operation on the day it is made and ceases to be in operation on the day specified in the authorisation. Subdivision D—The Schedule of Approved Employer MySuper Products 156L The Schedule of Approved Employer MySuper Products (1) In the 4 yearly review, the FWC must: (a) make and publish the Schedule of Approved Employer MySuper Products; and (b) revoke any previous Schedule of Approved Employer MySuper Products. Note: If an employer MySuper product is on the schedule, an employer covered by a modern award can make contributions, for the benefit of a default fund employee, to a superannuation fund that offers the product (see subsection 149D(1A)). (2) When the schedule is made, it must specify any employer MySuper product that the FWC has determined under section 156P is to be included on the schedule. (3) After the schedule is made, it must be amended to specify any employer MySuper product that the FWC has determined under section 156P is to be included on the schedule. Note: The FWC must be constituted by an Expert Panel for the purposes of amending the schedule (see paragraph 617(5)(b)). (4) If the schedule is amended as referred to in subsection (3), the FWC must publish the schedule as amended. (5) The schedule must not specify any other product. 156M FWC to invite applications to include employer MySuper products on schedule (1) Before making the schedule, the FWC must publish a notice that invites: (a) superannuation funds that offer an employer MySuper product; and (b) employers to which an employer MySuper product relates; to apply to the FWC to have the product included on the schedule. (2) The notice must specify the period in which an application may be made. 156N Making applications to include employer MySuper products on schedule (1) The following may apply to the FWC to have an employer MySuper product included on the schedule: (a) a superannuation fund that offers the product; (b) an employer to which the product relates. (2) The application must be made: (a) in the period (the standard application period) specified in the notice under section 156M; or (b) in the period (the interim application period) that: (i) starts immediately after the schedule is made under paragraph 156L(1)(a); and (ii) ends immediately before the next 4th anniversary of the commencement of this Part. Note: Paragraph (2)(a) deals with applications that are made in a 4 yearly review of default fund terms, and paragraph (2)(b) deals with applications that are made outside a 4 yearly review. (3) The application must also: (a) be accompanied by any fees that are prescribed by the regulations; and (b) provide information relating to the first stage criteria. (4) The FWC must publish any application made under subsection (1). (5) However, if an application includes information that is claimed by the applicant to be confidential or commercially sensitive, and the FWC is satisfied that the information is confidential or commercially sensitive: (a) the FWC may decide not to publish the information; and (b) if it does so, it must instead publish a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive). (6) A reference in this Act (other than in this section) in relation to an application made under subsection (1) includes a reference to a summary referred to in paragraph (5)(b). (7) Only one application in relation to an employer MySuper product may be made under subsection (1) in the period that: (a) starts at the start of the standard application period; and (b) ends at the end of the interim application period. 156P FWC to determine applications (1) If an application is made under subsection 156N(1) to have an employer MySuper product included on the schedule, the FWC must make a determination about whether to include the product on the schedule. Note: The FWC must be constituted by an Expert Panel for the purposes of making this determination (see paragraphs 617(4)(d) and (5)(a)). (2) The FWC must not determine that the product is to be included on the schedule unless the product satisfies the first stage test and the second stage test. 156Q The first stage test An employer MySuper product satisfies the first stage test if the FWC is satisfied that including the product on the Schedule of Approved Employer MySuper Products would be in the best interests of default fund employees, or a particular class of those employees, taking into account: (a) the information provided in the application; and (b) the first stage criteria; and (c) any submissions that were made in relation to whether the product satisfies the first stage test. 156R Submissions about the first stage test (1) The FWC must ensure that all persons and bodies have a reasonable opportunity to make written submissions to the FWC about whether an employer MySuper product satisfies the first stage test. (2) If: (a) a person or body makes a written submission in relation to whether an employer MySuper product satisfies the first stage test; and (b) the person or body has an interest in relation to: (i) the superannuation fund that offers the product; or (ii) if the person or body refers to another superannuation fund in the submission—that superannuation fund; then the person or body must disclose that interest in the submission. (3) The FWC must publish any submission that is made. 156S The second stage test An employer MySuper product satisfies the second stage test if the FWC is satisfied that including the product on the Schedule of Approved Employer MySuper Products would be in the best interests of default fund employees of an employer to which the product relates, or a particular class of those employees, taking into account: (a) any submissions that were made in relation to whether the product satisfies the second stage test; and (b) any other matter the FWC considers relevant. 156T Submissions about the second stage test (1) The FWC must ensure that the following persons have a reasonable opportunity to make written submissions to the FWC about whether an employer MySuper product satisfies the second stage test: (a) an employee of an employer to which the product relates; (b) an employer to which the product relates; (c) an organisation that is entitled to represent the industrial interests of a person referred to in paragraph (a) or (b). (2) If: (a) a person or body (whether or not a person referred to in subsection (1)) makes a written submission in relation to whether an employer MySuper product satisfies the second stage test; and (b) the person or body has an interest in relation to: (i) the superannuation fund that offers the product; or (ii) if the person or body refers to another superannuation fund in the submission—that superannuation fund; then the person or body must disclose that interest in the submission. (3) The FWC must publish any submission that is made. Subdivision E—Publishing documents under this Division 156U Publishing documents under this Division If the FWC is required by this Division to publish a document, the FWC must publish the document on its website or by any other means that the FWC considers appropriate. 19 Paragraph 157(1)(a) After "wages", insert "or to vary a default fund term of the award". 20 After section 159 Insert: 159A Variation of default fund term of modern award (1) The FWC may make a determination varying the default fund term of a modern award in relation to a superannuation fund specified in the term in relation to a standard MySuper product (the specified product) in the following circumstances: (a) to reflect a change in the name of the fund or the specified product; (b) if the fund has ceased to exist—to omit the name of the fund and the specified product; (c) if the specified product has ceased to exist and no other MySuper product is specified in relation to the fund—to omit the name of the fund and the specified product; (d) if the specified product has ceased to exist and another MySuper product is specified in relation to the fund—to omit the name of the specified product; (e) if the Australian Prudential Regulation Authority gives the FWC notice under subsection 29U(4) of the Superannuation Industry (Supervision) Act 1993 that the fund no longer offers the specified product and no other MySuper product is specified in relation to the fund—to omit the name of the fund and the specified product; (f) if the Australian Prudential Regulation Authority gives the FWC notice under subsection 29U(4) of the Superannuation Industry (Supervision) Act 1993 that the fund no longer offers the specified product and another MySuper product is specified in relation to the fund—to omit the name of the specified product. (2) The FWC may make a determination under this section: (a) in any case—on its own initiative; or (b) on application by an employee, employer, organisation or outworker entity covered by the modern award. Schedule 2—Expert Panel Fair Work Act 2009 1 Section 12 Insert: Expert Panel means an Expert Panel constituted under section 620. 2 Section 12 Insert: Expert Panel Member means an Expert Panel Member of the FWC. 3 Section 12 (definition of FWC member) Omit "a Minimum Wage Panel Member", substitute "an Expert Panel Member". 4 Section 12 (definition of Minimum Wage Panel) Repeal the definition. 5 Section 12 (definition of Minimum Wage Panel Member) Repeal the definition. 6 Section 282 Omit "the Minimum Wage Panel" (wherever occurring), substitute "an Expert Panel". 7 Subsection 285(1) (note 1) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 8 Subparagraph 290(2)(a)(i) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 9 Subparagraph 290(2)(a)(ii) Omit "a Minimum Wage Panel Member", substitute "an Expert Panel Member". 10 Subparagraph 290(2)(a)(iii) Omit "Minimum Wage Panel Members", substitute "Expert Panel Members". 11 Paragraph 290(2)(b) Repeal the paragraph, substitute: (b) must require the report to be given to the Expert Panel that is constituted to conduct the annual wage review, unless the direction is given to that Expert Panel. 12 Subsection 296(1) (note) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 13 Subsection 302(4) (heading) Omit "of the Minimum Wage Panel", substitute "made in annual wage reviews". 14 Paragraph 302(4)(a) Omit "the Minimum Wage Panel", substitute "the FWC". 15 At the end of subsection 302(4) Add: Note: The FWC must be constituted by an Expert Panel in annual wage reviews (see section 617). 16 Section 573 (paragraph relating to Division 2) Omit "Minimum Wage Panel Members", substitute "Expert Panel Members". 17 Section 573 (paragraph relating to Division 4) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 18 Paragraph 575(2)(d) Repeal the paragraph, substitute: (d) 6 Expert Panel Members. 19 Paragraph 582(2)(c) Repeal the paragraph, substitute: (c) an Expert Panel; 20 Paragraph 582(4)(a) After "awards", insert "under Division 4 of Part 2‑3". 21 After paragraph 582(4)(a) Insert: (aa) a direction about the conduct of 4 yearly reviews of default fund terms of modern awards under Division 4A of Part 2‑3; 22 Paragraph 590(2)(e) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 23 Subsection 592(2) Omit "a Minimum Wage Panel Member", substitute "an Expert Panel Member". 24 Paragraph 604(1)(a) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 25 Subsection 605(1) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 26 Paragraph 607(3)(c) Omit "a Minimum Wage Panel Member", substitute "an Expert Panel Member". 27 Subdivision A of Division 4 of Part 5‑1 (heading) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 28 Subsection 612(1) Omit "a Minimum Wage Panel Member", substitute "an Expert Panel Member". 29 Subsection 616(2) After "under", insert "Division 4 of". 30 After subsection 616(2) Insert: (2A) A 4 yearly review of default fund terms of modern awards must be conducted under Division 4A of Part 2‑3 by a Full Bench. 31 Subsection 616(3) After "awards" (first occurring), insert "conducted under Division 4 of Part 2‑3". 32 Subsection 616(3) (note) Repeal the note, substitute: Note: A determination that varies or revokes a modern award may be made by a single FWC Member under Division 5 of Part 2‑3. 33 After subsection 616(3) Insert: (3A) A determination that varies a default fund term of a modern award made in a 4 yearly review conducted under Division 4A of Part 2‑3 must be made by a Full Bench. Note: A determination that varies a default fund term of a modern award may be made by a single FWC Member under Division 5 of Part 2‑3. 34 Section 617 (heading) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 35 Before subsection 617(1) Insert: Expert Panel for annual wage reviews 36 Subsection 617(1) Omit "the Minimum Wage Panel" (first occurring), substitute "an Expert Panel constituted for the purposes of the review". 37 Subsection 617(1) (note) Repeal the note, substitute: Note: For the constitution of an Expert Panel for the purposes of an annual wage review, see section 620. 38 Subsections 617(2) and (3) Omit "the Minimum Wage Panel", substitute "an Expert Panel constituted for the purposes of the review". 39 At the end of section 617 Add: Expert Panel for 4 yearly review of default fund terms (4) In a 4 yearly review of default fund terms of modern awards, the following must be made by an Expert Panel constituted for the purposes of the review: (a) the Default Superannuation List; (b) a determination under section 156E on an application to have a standard MySuper product included on the Default Superannuation List; (c) the Schedule of Approved Employer MySuper Products; (d) a determination under section 156P on an application made in the standard application period to have an employer MySuper product included on the Schedule of Approved Employer MySuper Products. Note: For the constitution of an Expert Panel for those purposes, see subsection 620(1A). Expert Panel for amending the Schedule of Approved Employer MySuper Products (5) If an application is made in the interim application period to have an employer MySuper product included on the Schedule of Approved Employer MySuper Products, the following must be made by an Expert Panel constituted for the purposes of determining the application: (a) a determination under section 156P on the application; (b) if the determination is to include the product on the schedule—an amendment of the schedule to specify the product. Note: For the constitution of an Expert Panel for those purposes, see subsection 620(1A). 40 Subdivision B of Division 4 of Part 5‑1 (heading) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 41 Subsection 618(1) (note) Omit "A Minimum Wage Panel Member", substitute "An Expert Panel Member". 42 Section 620 (heading) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 43 Subsection 620(1) Repeal the subsection, substitute: Constitution of an Expert Panel for annual wage reviews (1) An Expert Panel constituted under this section for the purpose of an annual wage review conducted under Part 2‑6 consists of 7 FWC Members (except as provided by section 622), and must include: (a) the President; and (b) 3 Expert Panel Members who have knowledge of, or experience in, one or more of the following fields: (i) workplace relations; (ii) economics; (iii) social policy; (iv) business, industry or commerce. Constitution of an Expert Panel for 4 yearly reviews of default fund terms etc. (1A) An Expert Panel constituted under this section for a purpose referred to in subsection 617(4) or (5) consists of 7 FWC Members (except as provided by section 622), and must include: (a) the President, or a Vice President or Deputy President appointed by the President to be the Chair of the Panel; and (b) 3 Expert Panel Members who have knowledge of, or experience in, one or more of the following fields: (i) finance; (ii) investment management; (iii) superannuation. 44 Subsection 620(2) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 45 Subsection 620(3) Repeal the subsection, substitute: (3) The following person is responsible for managing an Expert Panel in performing the functions and exercising the powers referred to in section 617: (a) if paragraph (b) does not apply—the President; (b) if the President has appointed a person to be the Chair of the Expert Panel under paragraph 620(1A)(a)—the Chair. 46 Subsection 620(4) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 47 Subsection 620(5) Repeal the subsection, substitute: (5) However, if there is no majority, the decision of: (a) if paragraph (b) does not apply—the President; or (b) if the President has appointed a person to be the Chair of the Expert Panel under paragraph 620(1A)(a)—the Chair; prevails. 48 Paragraph 621(1)(a) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 49 Section 622 (heading) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 50 Paragraph 622(1)(a) Omit "the Minimum Wage Panel", substitute "an Expert Panel". 51 Subsection 622(2) Omit "the Minimum Wage Panel" (first, second and third occurring), substitute "the Expert Panel". 52 Paragraph 622(2)(a) Omit "Minimum Wage Panel Members", substitute "Expert Panel Members". 53 Subsection 622(3) Omit "the Minimum Wage Panel" (wherever occurring), substitute "the Expert Panel". 54 Section 624 Omit "the Minimum Wage Panel", substitute "an Expert Panel". 55 Subsection 626(2) Omit "a Minimum Wage Panel Member", substitute "an Expert Panel Member". 56 Paragraph 626(4)(a) Omit "a Minimum Wage Panel Member", substitute "an Expert Panel Member". 57 Subsection 627(4) Repeal the subsection, substitute: Expert Panel Members (4) Before the Governor‑General appoints a person as an Expert Panel Member, the Minister must be satisfied that the person is qualified for appointment because the person has knowledge of, or experience in, one or more of the following fields: (a) workplace relations; (b) economics; (c) social policy; (d) business, industry or commerce; (e) finance; (f) investment management; (g) superannuation. 58 Subsection 628(3) Repeal the subsection, substitute: Expert Panel Members (3) An Expert Panel Member holds office on a part‑time basis. 59 Subsection 629(4) Repeal the subsection, substitute: Expert Panel Members (4) An Expert Panel Member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. Note: An Expert Panel Member is eligible for reappointment (see subsection 33(4A) of the Acts Interpretation Act 1901). 60 Subsection 633(3) Repeal the subsection, substitute: Expert Panel Members (3) An Expert Panel Member must not engage in any paid work that, in the President's opinion, conflicts or may conflict with the proper performance of his or her duties. 61 Subsection 644(2) Repeal the subsection, substitute: Expert Panel Members (2) The Governor‑General must terminate the appointment of an Expert Panel Member if the Expert Panel Member engages in paid work that, in the President's opinion, conflicts or may conflict with the proper performance of his or her duties (see subsection 633(3)). Fair Work (Registered Organisations) Act 2009 62 Section 6 (definition of FWC member) Omit "a Minimum Wage Panel Member", substitute "an Expert Panel Member". Road Safety Remuneration Act 2012 63 Paragraph 20(1)(e) Omit "the Minimum Wage Panel", substitute "an Expert Panel". Schedule 3—Modern awards Part 1—Variation etc. of modern awards Fair Work Act 2009 1 At the end of subsection 160(2) Add: ; or (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or (d) if the modern award includes outworker terms—on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the outworker terms relate. Part 2—Applications to vary etc. modern awards Fair Work Act 2009 2 At the end of subsection 158(1) Add: Note: The FWC may dismiss an application to vary, revoke or make a modern award in certain circumstances (see section 587). Schedule 4—Enterprise agreements Part 1—Enterprise agreements covering a single employee Fair Work Act 2009 1 At the end of section 172 Add: Requirement that there be at least 2 employees (6) An enterprise agreement cannot be made with a single employee. Part 2—Bargaining representatives Fair Work Act 2009 2 Subsection 176(3) Repeal the subsection, substitute: (3) Despite subsections (1) and (2): (a) an employee organisation; or (b) an official of an employee organisation (whether acting in that capacity or otherwise); cannot be a bargaining representative of an employee unless the organisation is entitled to represent the industrial interests of the employee in relation to work that will be performed under the agreement. 3 Subsection 176(4) After "doubt", insert "and despite subsection (3),". Part 3—Unlawful terms Fair Work Act 2009 4 After paragraph section 194(b) Insert: (ba) a term that provides a method by which an employee or employer may elect (unilaterally or otherwise) not to be covered by the agreement; or Part 4—Scope orders Fair Work Act 2009 5 Subsection 238(3) (heading) Omit "must have given", substitute "to give". 6 Paragraph 238(3)(a) Repeal the paragraph, substitute: (a) has taken all reasonable steps to give a written notice setting out the concerns referred to in subsection (1) to the relevant bargaining representatives for the agreement; and Part 5—Notice of employee representational rights Fair Work Act 2009 7 Section 174 (heading) After "Content", insert "and form". 8 After subsection 174(1) Insert: Notice requirements (1A) The notice must: (a) contain the content prescribed by the regulations; and (b) not contain any other content; and (c) be in the form prescribed by the regulations. (1B) When prescribing the content of the notice for the purposes of paragraph (1A)(a), the regulations must ensure that the notice complies with this section. 9 Subsection 174(6) Repeal the subsection. Schedule 5—General protections Part 1—Time limits for making applications Fair Work Act 2009 1 Paragraph 366(1)(a) Omit "60", substitute "21". Part 2—The persons protected by the general protections Fair Work Act 2009 2 Section 336 Before "The objects", insert "(1)". 3 At the end of section 336 Add: (2) The protections referred to in subsection (1) are provided to a person (whether an employee, an employer or otherwise). Schedule 6—Unfair dismissal Part 1—Time limits for making applications Fair Work Act 2009 1 Paragraph 394(2)(a) Omit "14", substitute "21". Part 2—Power to dismiss applications Fair Work Act 2009 2 After section 399 Insert: 399A Dismissing applications (1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably: (a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or (b) failed to comply with a direction or order of the FWC relating to the application; or (c) failed to discontinue the application after a settlement agreement has been concluded. Note 1: For another power of the FWC to dismiss applications for orders under Division 4, see section 587. Note 2: The FWC may make an order for costs if the applicant's failure causes the other party to the matter to incur costs (see section 400A). (2) The FWC may exercise its power under subsection (1) on application by the employer. (3) This section does not limit when the FWC may dismiss an application. 3 At the end of subsection 587(1) Add: Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3‑2, see section 399A. Part 3—Costs orders against parties Fair Work Act 2009 4 After section 400 Insert: 400A Costs orders against parties (1) The FWC may make an order for costs against a party to a matter arising under this Part (the first party) for costs incurred by the other party to the matter if the FWC is satisfied that the first party caused those costs to be incurred because of an unreasonable act or omission of the first party in connection with the conduct or continuation of the matter. (2) The FWC may make an order under subsection (1) only if the other party to the matter has applied for it in accordance with section 402. (3) This section does not limit the FWC's power to order costs under section 611. 5 Section 402 Before "401", insert "400A or". 6 Paragraph 403(1)(b) Before "401", insert "400A or". 7 Subsection 403(2) Before "401", insert "400A or". 8 Subsection 611(2) (note) After "under sections 376,", insert "400A,". Part 4—Costs orders against lawyers and paid agents Fair Work Act 2009 9 Subsection 401(1) Repeal the subsection, substitute: (1) This section applies if: (a) an application for an unfair dismissal remedy has been made under section 394; and (b) a person who is a party to the matter has engaged a lawyer or paid agent (the representative) to represent the person in the matter; and (c) under section 596, the person is required to seek the FWC's permission to be represented by the representative. (1A) The FWC may make an order for costs against the representative for costs incurred by the other party to the matter if the FWC is satisfied that the representative caused those costs to be incurred because: (a) the representative encouraged the person to start, continue or respond to the matter and it should have been reasonably apparent that the person had no reasonable prospect of success in the matter; or (b) of an unreasonable act or omission of the representative in connection with the conduct or continuation of the matter. Schedule 7—Industrial action Part 1—Electronic voting in protected action ballots Fair Work Act 2009 1 Section 12 Insert: ballot paper: see subsection 455(2). 2 Paragraph 450(2)(b) After "used", insert "(which cannot be a method involving a show of hands)". 3 Subsection 450(2) (before the note) Insert: Note 1: For the purposes of paragraph (2)(b), examples of voting methods are attendance voting, electronic voting and postal voting. 4 Subsection 450(2) (note) Omit "Note", substitute "Note 2". 5 Paragraph 451(2)(b) After "ballot", insert "(which cannot be a method involving a show of hands)". 6 At the end of subsection 451(2) Add: Note: For the purposes of paragraph (2)(b), examples of voting methods are attendance voting, electronic voting and postal voting. 7 Section 455 Before "The", insert "(1)". 8 At the end of section 455 Add: (2) Ballot paper means: (a) for a voting method that is not an electronic voting method—a paper ballot paper; and (b) for an electronic voting method—an electronic ballot paper. 9 Paragraph 462(1)(h) Repeal the paragraph, substitute: (h) fraudulently put a paper ballot paper or other paper: (i) into a repository that serves to receive or hold paper ballot papers; or (ii) into the post; (ha) fraudulently deliver or send an electronic ballot paper or other document to a repository that serves to receive or hold electronic ballot papers; 10 Paragraph 462(1)(i) After "deliver", insert "or send". 11 Paragraph 462(1)(o) Omit "the ballot paper is being marked or after it has been marked", substitute "the vote is being made, or after the vote has been made, on the ballot paper". 12 Paragraph 462(1)(p) Omit "ballot box or other ballot receptacle", substitute "repository that serves to receive or hold ballot papers". Part 2—Employees to be balloted in protected action ballots Fair Work Act 2009 13 Paragraph 437(5)(b) Repeal the paragraph, substitute: (b) either: (i) are represented by a bargaining representative who is an applicant for the protected action ballot order; or (ii) are bargaining representatives for themselves but are members of an employee organisation that is an applicant for the protected action ballot order. 14 Paragraph 453(b) Repeal the paragraph, substitute: (b) the employee is included in a group of employees specified in the order and either: (i) is represented by a bargaining representative who was an applicant for the order; or (ii) is the bargaining representative for himself or herself but is a member of an employee organisation that was an applicant for the order. Part 3—Conducting protected action ballots Fair Work Act 2009 15 After subsection 443(3) Insert: (3A) For the purposes of paragraph (3)(c), the FWC must specify a date that will enable the protected action ballot to be conducted as expeditiously as practicable. 16 Subsection 449(2) Before "in accordance with", insert "expeditiously and". Schedule 8—The Fair Work Commission Part 1—Stay orders Fair Work Act 2009 1 Paragraph 606(2)(b) Repeal the paragraph, substitute: (b) the President; or (c) a Vice President; or (d) a Deputy President. Part 2—Conflicts of interest Fair Work Act 2009 2 Subsections 640(2) and (3) Repeal the subsections, substitute: (2) The FWC member must disclose the potential conflict to: (a) a person who has made, or will make, a submission for consideration in the matter; and (b) a person who the FWC member considers is likely to make a submission for consideration in the matter; and (c) the President. 3 Subsection 640(5) Repeal the subsection. 4 Paragraph 643(b) Omit "months; or", substitute "months." 5 Paragraph 643(c) Repeal the paragraph. Part 3—Referral of matters to Full Bench etc. Fair Work Act 2009 6 Section 615 (heading) Repeal the heading, substitute: 615 The President may direct a Full Bench to perform function etc. 7 After section 615 Insert: 615A When the President must direct a Full Bench to perform function etc. (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) 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. 615B Transfer to a Full Bench from an FWC member (1) This section applies if: (a) the President gives a direction referred to in section 615 or 615A that a function be performed or a power be exercised by a Full Bench; and (b) before the President gave the direction, the President had given a direction (the earlier direction) to an FWC member to perform the function or exercise the power. (2) The President is taken to have revoked the earlier direction. (3) The Full Bench must, when performing the function or exercising the power, take into account: (a) everything that occurred before the FWC; and (b) everything that the FWC did; in relation to the matter before the Full Bench began to perform the function or exercise the power. 615C Transfer to the President from an FWC member or a Full Bench (1) This section applies if: (a) the President decides to perform a function or exercise a power; and (b) before the President made that decision, the President had given a direction (the earlier direction) that the function be performed or the power be exercised by a Full Bench or an FWC member. (2) The President is taken to have revoked the earlier direction. (3) The President must, when performing the function or exercising the power, take into account: (a) everything that occurred before the FWC; and (b) everything that the FWC did; in relation to the matter before the President began to perform the function or exercise the power. Part 4—Appointing acting Commissioners Fair Work Act 2009 8 Section 648 (heading) Repeal the heading, substitute: 648 Appointment of acting Deputy Presidents and Commissioners 9 After subsection 648(1) Insert: (1A) The Governor‑General may, by written instrument, appoint a person who is qualified for appointment as a Commissioner to act as a Commissioner for a specified period (including a period that exceeds 12 months). Note: See also section 33A of the Acts Interpretation Act 1901, which contains extra rules about acting appointments. 10 Subsection 648(2) Omit "to act as a Deputy President", substitute "under subsection (1) or (1A)". 11 Subsection 648(4) Omit "to act as a Deputy President under subsection (1)", substitute "under subsection (1) or (1A)". Part 5—Appointing the General Manager Fair Work Act 2009 12 At the end of subsection 660(1) Add "on the nomination of the President". 13 Subsection 668(1) After "person", insert "who is nominated by the President". 14 Section 669 Omit all the words after "President", substitute "before terms and conditions are determined under section 667". Part 6—Vice Presidents Fair Work Act 2009 15 Section 12 (definition of FWA Member) Repeal the definition. 16 Section 12 Insert: FWC member means the President, a Vice President, a Deputy President, a Commissioner or a Minimum Wage Panel Member. 17 Section 12 Insert: Vice President means a Vice President of the FWC. 18 Subsection 508(1) (note) After "Only a", insert "Vice President,". 19 Section 573 (paragraph referring to Division 2) After "the President,", insert "Vice Presidents,". 20 After paragraph 575(2)(a) Insert: (aa) 2 Vice Presidents; and 21 Subsection 584(1) After "delegate to", insert "a Vice President or"