Document ID: chunk:federal_register_of_legislation:C2024C00345:clause:3_5:p1
Version: federal_register_of_legislation:C2024C00345
Segment Type: clause
Provision Reference: sch 3 cl 5 (pt 1/2)
Character Range: 675848–678572

5  Operation of old Act and Regulations if joint written notice not given by deadline
 (1) If a joint written notice is not given to the Minister under subclause 2(2) on or before 30 August 2024, the provisions of this clause have effect.
 (2) The following provisions of the old Act do not apply in respect of an application made under subclause 3(1):
 (a) subsections 94(1) and (2);
 (b) section 94A;
 (c) subsections 95A(3) and (6).
 (3) An application made under subclause 3(1) is not required to comply with the following provisions of the old Regulations:
 (a) paragraph 83(a);
 (b) paragraph 83(c);
 (c) paragraph 83(d);
 (d) paragraph 83(f);
 (e) particulars 2, 3 and 4 of Form 2 in Schedule 3.
 (4) Paragraph 83(b) of the old Regulations has effect as if a reference to the eligibility rules of the amalgamated organisation immediately before the application for a ballot is made were a reference to the eligibility rules of the amalgamated organisation as at 2 December 2023.
 (5) A reference in the old Act or the old Regulations to:
 (a) amalgamated organisation is taken to be a reference to the CFMEU; and
 (b) constituent part or separately identifiable constituent part is taken to be a reference to the Manufacturing Division.
Note 1: It follows that, for example, for the purposes of the following provisions of the old Act, the Manufacturing Division is taken to be the relevant separately identifiable constituent part:
(a) the definitions of constituent member and proposed withdrawal from amalgamation in subsection 93(1);
(b) paragraph 94(3)(c);
(c) paragraph 109(2)(d);
(d) paragraph 109(3)(d);
(e) section 111.
Note 2: For the purposes of paragraph (e) of Note 1, section 111 does not apply to all persons eligible to be members of the Manufacturing Division (see subclause (9)).
 (6) If an application is made under subclause 3(1) or subsection 109(1) of the old Act, a reference to a committee of management in the following provisions of the old Act is taken to be a reference to the committee of management as constituted at the time the application is made:
 (a) subsection 94(3);
 (b) subsection 109(3).

Eligibility rules of new organisation and CFMEU
 (7) Section 95A of the old Act has effect as if subsections (4) and (5) of that section were omitted and the following subsections were substituted:
 "(4) The eligibility rules of the new organisation must reflect the following rules of the CFMEU as at 2 December 2023:
 (a) 2(C);
 (b) 2(F), but must exclude:
 (i) persons who are engaged in Queensland, the Australian Capital Territory or the Northern Territory; and
 (ii) floor covering layers in Queensland or Western Australia; and
 (iii) persons who are engaged in the plate, sheet or