Document ID: chunk:federal_register_of_legislation:C2004A01244:clause:1_170mba:p3
Version: federal_register_of_legislation:C2004A01244
Segment Type: clause
Provision Reference: sch 1 cl 170MBA (pt 3/3)
Character Range: 9301–11879

(a) the applicant;
 (b) before the transfer time—the persons and organisations covered by subsection (10);
 (c) at and after the transfer time—the persons and organisations covered by subsection (12).

Submissions—before transfer time

 (10) For the purposes of paragraph (9)(b), this subsection covers:
 (a) an employee of the outgoing employer:
 (i) whose employment is subject to the certified agreement; and
 (ii) who is employed in the business concerned; and
 (b) the incoming employer; and
 (c) an employee of the incoming employer whose employment may become subject to the certified agreement at or after the transfer time if the order is not made; and
 (d) an organisation that:
 (i) is bound by the certified agreement; and
 (ii) is entitled to represent the industrial interests of employees referred to in paragraph (a) or (c) in relation to work that is subject to the agreement.
Paragraph (d) has effect subject to subsection (11) (which makes special provision for organisations bound by section 170LK agreements).

 (11) An organisation that is bound by a certified agreement made in accordance with section 170LK is covered by subsection (10) only if the organisation has at least one member:
 (a) who is an employee referred to in paragraph (10)(a) or (c); and
 (b) whose industrial interests the organisation is entitled to represent in relation to work that is subject to the agreement; and
 (c) who requested the organisation to make submissions in relation to the application.

Submissions—at and after transfer time

 (12) For the purposes of paragraph (9)(c), this subsection covers:
 (a) the incoming employer; and
 (b) an employee of the incoming employer whose employment is subject to the certified agreement; and
 (c) an organisation that:
 (i) is bound by the certified agreement; and
 (ii) is entitled to represent the industrial interests of employees referred to in paragraph (b) in relation to work that is subject to the certified agreement.
Paragraph (c) has effect subject to subsection (13) (which makes special provision for organisations bound by section 170LK agreements).

 (13) An organisation that is bound by a certified agreement made in accordance with section 170LK is covered by subsection (12) only if the organisation has at least one member:
 (a) who is an employee referred to in paragraph (12)(b); and
 (b) whose industrial interests the organisation is entitled to represent in relation to work that is subject to the agreement; and
 (c) who requested the organisation to make submissions in relation to the application.