Document ID: chunk:federal_register_of_legislation:C2024C00345:clause:1_5:p2
Version: federal_register_of_legislation:C2024C00345
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 2/3)
Character Range: 656961–659576

an order made under section 508 or 509 of that Act (which deal with contraventions of the strike pay provisions); or
 (iii) an order under section 807 of that Act (which deals with contraventions of the freedom of association provisions); or
 (iv) an interim injunction granted under section 838 of that Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction under a provision mentioned in subparagraphs (i) to (iii); or
 (e) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have failed to comply with an order under section 23 of this Act (which deals with contraventions of the employee associations provisions) made on or after the reform commencement; or
 (f) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have failed to comply with one of the following made on or after the commencement of the relevant provision:
 (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action);
 (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections);
 (iii) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision mentioned in subparagraph (i) or (ii).
 (1A) A reference in subclause (1), in relation to a transitionally recognised association that has been granted transitional recognition in relation to an application under subclause 2(1A), to the reform commencement is taken to be a reference to the day the Fair Work Amendment (Transfer of Business) Act 2012 commenced.
 (2) The Court must give the association an opportunity to be heard.
 (3) If the Court:
 (a) finds that a ground for cancellation set out in the application has been established; and
 (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the association in relation to the matters;
the Court must cancel the recognition of the association under this Schedule.
 (4) A finding of fact in proceedings under section 496, 508, 509 or 807 of the Workplace Relations Act 1996 commenced on or after the reform commencement is admissible as prima facie evidence of that fact in an application made on a ground specified