Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_25
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 25
Character Range: 1146399–1147186

25  Who may apply for order

 (1) Before the transfer time, an application for an order under subclause 23(1) may be made only by the outgoing employer.

 (2) At or after the transfer time, an application for an order under subclause 23(1) may be made only by:
 (a) the incoming employer; or
 (b) a transferring employee in relation to the State transitional instrument; or
 (c) an organisation of employees that is bound by the State transitional instrument; or
 (d) an organisation of employees that:
 (i) is entitled, under its eligibility rules, to represent the industrial interests of a transferring employee in relation to the State transitional instrument; and
 (ii) has been requested by the transferring employee to apply for the order on the transferring employee's behalf.