Document ID: chunk:federal_register_of_legislation:F2024C00766:schedule:1:p3
Version: federal_register_of_legislation:F2024C00766
Segment Type: schedule
Provision Reference: sch 1 (pt 3/7)
Character Range: 273653–276425

does not apply to an application for an order about the right to represent transferring employees.

1.4  Order
 (1) For subclause 4(1) of Schedule 1 to the Act, this clause applies if:
 (a) an organisation, transitionally recognised association, an employer or the Minister applies to the FWC to make any of the following orders:
 (i) an order that a transitionally recognised association of employees is to have the right, to the exclusion of 1 or more other associations or organisations, to represent, under the Act or the Fair Work Act, the industrial interests of a particular class or group of employees who are eligible for membership of the association;
 (ii) an order that a transitionally recognised association of employees that does not have the right to represent, under the Act or the Fair Work Act, the industrial interests of a particular class or group of employees is to have that right;
 (iii) an order that a transitionally recognised association of employees is not to have the right to represent, under the Act or the Fair Work Act, the industrial interests of a particular class or group of employees who are eligible for membership of the association; and
 (b) immediately before the reform commencement:
 (i) the transitionally recognised association mentioned in subparagraph (a)(i), (ii) or (iii) was a State‑registered association; and
 (ii) there was an order of a similar kind in force in relation to the State‑registered association.
Note 1: If no order of a similar kind was in force immediately before the reform commencement, see Division 1.
Note 2: State‑registered association has the meaning given by subitem 1(1) of Schedule 1 to the Act.
 (2) The FWC must make an order to the same effect as the order mentioned in subparagraph (1)(b)(ii).
 (3) The FWC may, on application by the Minister, an organisation, a transitionally recognised association of employees or an employer, vary an order made under subclause (2).

1.5  Order may be subject to limits or alterations
 (1) The order may be subject to conditions or limitations.
 (2) The order:
 (a) may be made with changes from the text of the order mentioned in subparagraph 1.4(1)(b)(ii) that the FWC considers necessary to reflect the language and content of the Act and the Fair Work Act; but
 (b) must be the same in substance as the order mentioned in subparagraph 1.4(1)(b)(ii).

1.6  Organisations and transitionally recognised association must comply with order
 (1) An organisation and a transitionally recognised association to which the order applies must comply with the order.
 (2) The Federal Court may, on application by the Minister or a person, organisation or transitionally recognised association affected by an order, make such orders as it thinks fit to ensure