Appointment of Vice President
5.01B Appointment of Vice President
For clause 32 of Schedule 3 of the Act, if a person appointed as a Vice President of the FWC under section 626 of the Act was, under item 1 of Schedule 18 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, taken to be a Deputy President of FWA:
the person has the same rank, status and precedence as a Judge of the Federal Court; and
to avoid doubt, if the Judges’ Pension Act 1968 applies to the person, that Act continues to apply to the person; and
if the salary payable to the person under section 79 of the Workplace Relations Act 1996 is more than the salary that would be payable to the person as Vice President under section 637 of the Act—the person is entitled to receive the amount that was payable to the person under section 79 of the Workplace Relations Act 1996 immediately prior to the appointment; and
section 639 of the Act does not apply to the person.
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