Document ID: chunk:federal_register_of_legislation:C2024C00345:section:19:p2
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 19 (pt 2/2)
Character Range: 74707–75984

organisation would more effectively represent those members than the association would;
the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.
 (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament's intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.
 (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.
 (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.