Fair Work Act 2009

While the FWC is constituted by a Full Bench, the FWC Members on the Full Bench have seniority according to the following order:

the President;

the Vice Presidents, according to the days on which their appointments as Vice Presidents took effect;

if 2 appointments as Vice Presidents took effect on the same day—the Vice Presidents, according to the precedence assigned to them in their instruments of appointment;

the Deputy Presidents, according to the days on which their appointments as Deputy Presidents took effect;

if 2 or more appointments as Deputy Presidents took effect on the same day—the Deputy Presidents, according to the precedence assigned to them in their instruments of appointment.

The FWC Member on a Full Bench who has seniority under this section is responsible for managing the Full Bench in performing functions and exercising powers of the FWC.

The FWC Member who has seniority also has a deciding vote if there is no majority (see subsection 618(4)).