Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 582

The President may give directions

  (1)   The President may give directions under subsection   (2) as to the manner in which the FWC is to perform its functions, exercise its powers or deal with matters.

  (2)   The President may give a direction that is of a general nature, or that relates to a particular matter, to one or more of the following persons:

  (a)   an FWC Member;

  (b)   a Full Bench;

  (c)   an Expert Panel;

  (d)   the General Manager.

  (3)   The direction must not relate to a decision by the FWC.

  (4)   Without limiting subsection   (2), the direction may be a direction of the following kind:

  (aa)   a direction about the conduct of 4 yearly reviews of default fund terms of modern awards under Division   4A of Part   2 - 3;

  (ab)   a direction about the exercise of modern award powers in accordance with Division   5 of Part   2 - 3;

  (ac)   a direction about the exercise of powers under Part   3A - 2 (which deals with minimum standards for regulated workers);

  (ad)   a direction about the exercise of powers under Part   3B - 2 (which deals with road transport contractual chains);

  (b)   a direction about the conduct of annual wage reviews;

  (c)   a direction that 2 or more matters be dealt with jointly by one or more single FWC Members, one or more Full Benches or one or more Expert Panels;

  (d)   a direction about the transfer between FWC Members (including a transfer between Full Benches) of one or more matters being dealt with by the FWC;

  (e)   a direction that a single FWC Member perform a function or exercise a power in relation to the variation of a modern award.

  (4A)   If:

  (a)   the President gives a direction that 2 or more matters be dealt with jointly; and

  (b)   at least one of the matters:

  (i)   must be dealt with by an Expert Panel constituted to deal with a matter that relates to the road transport industry (see subsection   617(10B); or

  (ii)   is a matter that the President considers might relate to the road transport industry and has directed be dealt with by an Expert Panel constituted for the purpose (see subsection   617(10D);

the direction that the matters be dealt with jointly must require that all the matters be dealt with by an Expert Panel constituted to deal with a matter that relates to the road transport industry.

Note:   For the constitution of an Expert Panel for that purpose, see subsection   620(1E).

  (4B)   Subsection   (4A) does not limit the power of the President to direct that other matters be dealt jointly with by an Expert Panel.

  (4C)   The President may give a direction that an FWC member deal with a matter that the President considers might relate to the road transport industry, if the FWC member has knowledge of, or experience in, the road transport industry, whether or not the President considers that the matter might relate to another industry or sector.

  (4D)   In addition to giving a direction of a general nature under subsection   (2), the President must give a direction as to how the FWC is to prioritise its work under Parts   3A - 2 and 3B - 2 including, but not limited to, prioritising types of orders under those Parts and specified cohorts of workers.

  (4E)   The FWC must publish a direction under subsection   (4D) on the FWC's website, or by any other means that the FWC considers appropriate, as soon as reasonably practicable after the President gives the direction.

Persons must comply with the President's directions

  (5)   A person to whom a direction is given must comply with the direction.

Note:   For directions to the General Manager, see section   658.

Direction is not a legislative instrument

  (6)   If a direction is in writing, the direction is not a legislative instrument.