Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:2:p2
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 2 (pt 2/12)
Character Range: 237246–240057

employers etc. ceasing to be national system employers etc.

Division 1—Western Australian local government employers etc.

6.07D  Definitions
  In this Division:
endorsement means the Fair Work (State Declarations—employers not to be national system employers) Endorsement 2022 (No. 1).
non‑preserved FWC application means an application or referral:
 (a) made by a preserved affected person to the FWC; and
 (b) made by the preserved affected person:
 (i) in or in relation to the person's capacity (at the time of the conduct that is the subject of the application or referral) as a national system employer or national system employee; or
 (ii) in respect of another person's capacity (at the time of the conduct that is the subject of the application or referral) as a national system employer or national system employee; and
 (c) that is not a preserved FWC application.
preserved affected person means any of the following:
 (a) an employer listed in Schedule 1 to the endorsement;
 (b) an individual who, before the transition time, was employed or usually employed by, or a prospective employee of, an employer mentioned in paragraph (a);
 (c) an employer organisation of which an employer mentioned in paragraph (a) was, before the transition time, a member;
 (d) an employee organisation, a registered employee association or an industrial association that, before the transition time, represented the industrial interests of an individual mentioned in paragraph (b).
preserved FWC application means an application or referral:
 (a) made by a preserved affected person to the FWC under a provision in Part 2‑2, 3‑2, 3‑5 or 6‑2 of the Act; and
 (b) made by the preserved affected person:
 (i) in or in relation to the person's capacity (at the time of the conduct that is the subject of the application or referral) as a national system employer or national system employee; or
 (ii) in respect of another person's capacity (at the time of the conduct that is the subject of the application or referral) as a national system employer or national system employee.
transition time means the time when the endorsement commences.
Note: The endorsement commences on 1 January 2023.

6.07E  Purpose of this Division
  This Division is made for the purposes of paragraphs 14A(1)(a) and (b) of the Act.

6.07F  Transitional—FWC matters

Applications after the transition time
 (1) A preserved affected person may make a preserved FWC application after the transition time in relation to conduct occurring before that time.
Note: Conduct includes an omission: see the definition of conduct in section 12 of the Act.
 (2) The FWC may dismiss a preserved FWC application if the FWC is satisfied that:
 (a) an application (the other application) has been made to another body in relation to the same conduct; and