Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_38
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 38
Character Range: 68424–70868

38  Federations

Application for recognition as federation

 (1) The existing organisations concerned in a proposed amalgamation may jointly lodge in the Industrial Registry an application for recognition as a federation.

 (2) The application must:
 (a) be lodged before an application is lodged under section 44 in relation to the amalgamation; and
 (b) include such particulars as are prescribed.

Grant of application

 (3) If the Commission is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the Commission must grant the application for recognition as a federation.

Registration of federation

 (4) If the application is granted, the Industrial Registrar must enter in the register kept under paragraph 13(1)(a) such details in relation to the federation as are prescribed.

Representation rights of federation

 (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Schedule and the Workplace Relations Act.

 (6) Subsection (5) does not authorise the federation to become a party to an award or to become bound by a certified agreement or old IR agreement.

Federation may vary its composition

 (7) After the federation is registered, it may vary its composition by:
 (a) including, with the approval of the Commission, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or
 (b) releasing, with the approval of the Commission, an organisation from the federation.

When federation ceases to exist

 (8) The federation ceases to exist:
 (a) on the day on which the amalgamation takes effect; or
 (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or
 (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of an object of this Schedule or the Workplace Relations Act—on the day the Full Bench so determines.

Federation does not limit representation rights of organisations

 (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.