South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 29

29—President

        (1)         The President of the Commission is a person appointed by the Governor to be the President of the Commission.

        (2)         Before a person is appointed (or reappointed) as the President of the Commission, the Minister must consult confidentially about the proposed appointment with a panel consisting of—

            (a)         a nominee of the United Trades and Labor Council; and

            (b)         a nominee of the South Australian Employers' Chamber of Commerce and Industry; and

            (c)         a nominee of the House of Assembly appointed by resolution of that House; and

            (d)         a nominee of the Legislative Council appointed by resolution of the Council; and

            (e)         the Commissioner for Public Sector Employment,

(and for the purposes of the consultation must inform the members of the panel all persons short-listed for appointment).

        (3)         The Senior Judge of the Court may (but need not) be appointed as the President of the Commission.

        (4)         The President is responsible for the administration of the Commission.

        (4a)         The President must perform his or her functions, and exercise his or her powers, in a manner that facilitates and encourages cooperation between the Commission and Fair Work Australia or other prescribed Commonwealth industrial authorities.

        (4b)         Without limiting subsection (4a), the President may—

            (a)         consult with the heads and principal officers of prescribed Commonwealth industrial authorities; and

            (b)         exchange information and discuss matters of mutual interest in relation to workplace relations with the heads and principal officers of prescribed Commonwealth industrial authorities; and

            (c)         take steps to encourage and facilitate the assigning of matters of mutual interest or relevance under this Act and the Commonwealth Act to persons who hold appointments under both Acts.

        (5)         If the President is absent from official duties, responsibility for administration of the Commission devolves on a Deputy President appointed by the Governor to act in the President's absence or, if no such appointment has been made, on the most senior of the Deputy Presidents who is available to undertake the responsibility.

        (6)         In this section—

"prescribed Commonwealth industrial authority" means a Commonwealth board, court, tribunal or other body prescribed by the regulations for the purposes of this definition;

"principal officer", in relation to a prescribed Commonwealth industrial authority, means a registrar, general manager or other chief officer of the prescribed Commonwealth industrial authority.