Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:19:p6
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 19 (pt 6/14)
Character Range: 202217–204898

hardship if the person is required to pay the fee for the application;
 (d) being satisfied under subregulation 6.05(7) that a person making an application to the FWC under section 773 of the Act will suffer serious hardship if the person is required to pay the fee for the application;
 (e) being satisfied under subregulation 6.07A(7) that a person making an application to the FWC under subsection 789FC(1) of the Act will suffer serious hardship if the person is required to pay the fee for the application.
 (3) For paragraph 625(2)(i) of the Act, the power to issue a WHS entry permit to a person under section 134 of the Work Health and Safety Act 2011 is a prescribed power.

5.01A  Delegation by the President of functions or powers of FWC—prescribed class of employees
  For the purposes of paragraph 625(3)(c) of the Act, the following classes of employees are prescribed:
 (a) APS employees who hold or perform duties of an Executive Level 1 position, or an equivalent position;
 (b) APS employees who hold or perform duties of an Executive Level 2 position, or an equivalent position.

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:
 (a) the person has the same rank, status and precedence as a Judge of the Federal Court; and
 (b) to avoid doubt, if the Judges' Pension Act 1968 applies to the person, that Act continues to apply to the person; and
 (c) 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
 (d) section 639 of the Act does not apply to the person.

5.02  Dual federal and Territory appointments of Deputy Presidents or Commissioners
 (1) For paragraph 632(a) of the Act, the following Commonwealth tribunals are prescribed:
 (a) the Defence Force Remuneration Tribunal;
 (b) the Pharmaceutical Benefits Remuneration Tribunal;
 (c) the Road Safety Remuneration Tribunal.
 (2) For paragraph 632(a) of the Act, the following Territory tribunals are prescribed:
 (a) the Prison Officers Arbitral Tribunal of the Northern Territory;
 (b) the Police Officers Arbitral Tribunal of the Northern Territory.

5.03  Oath and affirmation of office
 (1) For section 634 of the Act,