2014 Review of Default Fund Terms
[2014] FWC 2632
•17 APRIL 2014
| [2014] FWC 2632 [Note: refer to the Federal Court decision dated 25 July 2014 [2014] FCAFC 92 for result of appeal.] |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.156A - 4 yearly review of default fund terms
2014 Review of Default Fund Terms
(AM2014/6)
| Justice Ross, President | MELBOURNE, 17 APRIL 2014 |
Background
On 6 January 2014 I constituted an Expert Panel in matter AM2014/6 for the purposes of the 4 yearly review of default fund terms of modern awards. The Panel comprised Senior Deputy President Acton, Senior Deputy President Drake, Commissioner Bull, Commissioner Johns and Expert Panel Members Allen, Apted and Gibbs.
Pursuant to my direction to Expert Panel Members Allen, Apted and Gibbs of 18 February 2014, they made written disclosures to me of any interests that could conflict with the proper performance of their functions in relation to matter AM2014/6.
In my Statement of 7 March 2014, having regard to these disclosures, I concluded that Expert Panel Members Allen and Gibbs had a ‘potential conflict’ within the meaning of s.640 of the Fair Work Act 2009 (Cth) (FW Act), but Expert Panel Member Apted had no such potential conflict.
On 7 March 2014 I issued a direction pursuant to s.640(4) of the FW Act that Expert Panel Members Allen and Gibbs no longer deal with matter AM2014/6 and they were consequently unavailable to continue dealing with the matter for the purposes of s.622(1) of the Act.
Having formed the view that Expert Panel Member Harcourt had the knowledge or experience required under s.620(1A)(b) of the FW Act and having regard to his statement that he had no potential conflict, on 7 March 2014 I also issued a direction pursuant to s.622(3) of the Act that Expert Panel Member Harcourt form part of the Expert Panel.
Further Reconstitution of the Expert Panel
In order to put beyond doubt that the quorum requirement for the Expert Panel in s.622(2)(a) of the FW Act is met, I will now join the Expert Panel pursuant to s.622(3) of the Act.
The quorum requirement being met, pursuant to s.622(2) of the FW Act the Expert Panel may continue to deal with matter AM2014/6 without its full complement of Expert Panel Members.
In my view this resolves any uncertainty that the Expert Panel is properly constituted.
PRESIDENT
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