Document ID: chunk:federal_register_of_legislation:C2024C00345:clause:1_5:p1
Version: federal_register_of_legislation:C2024C00345
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/3)
Character Range: 654563–657199

5  Cancellation of transitional recognition

Cancellation by the Federal Court
 (1) A person interested or the Minister may apply, on or after the reform commencement, to the Federal Court for an order cancelling the recognition under this Schedule of a transitionally recognised association on the ground that:
 (a) the conduct of:
 (i) the association (in relation to its continued breach of an order of the FWC or an industrial instrument, or its continued failure to ensure that its members comply with and observe an order of the FWC or an industrial instrument, or in any other respect); or
 (ii) a substantial number of the members of the association (in relation to their continued breach of an order of the FWC or an industrial instrument, or in any other respect);
  has, on or after the reform commencement, prevented or hindered the achievement of an object of the Workplace Relations Act 1996 as in force at that time, or has, on or after the commencement of section 3 of the Fair Work Act, prevented or hindered the achievement of the object set out in that section; or
 (b) the association, or a substantial number of the members of the association or of a section or class of members of the association, has engaged in industrial action (other than protected industrial action) that has, on or after the reform commencement, prevented, hindered or interfered with:
 (i) the activities of a federal system employer; or
 (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or
 (c) 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 been, or is or are, engaged, on or after the reform commencement, in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or
 (d) 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 reform commencement:
 (i) an injunction granted under subsection 496(12) of the Workplace Relations Act 1996 (which deals with orders to stop industrial action); or
 (ii) 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);