Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_18
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 18
Character Range: 1136446–1138261

18  Submissions in relation to application

 (1) Before deciding whether to make an order under subclause 14(1) in relation to the pre‑reform certified agreement, the Commission must give the following an opportunity to make submissions:
 (a) the applicant;
 (b) before the transfer time—the persons covered by subclause (2);
 (c) at and after the transfer time—the persons covered by subclause (3).

 (2) For the purposes of paragraph (1)(b), this subclause covers:
 (a) an employee of the outgoing employer:
 (i) who is bound by the pre‑reform certified agreement; and
 (ii) who is employed in the business concerned; and
 (b) the incoming employer; and
 (c) an organisation of employees that is bound by the pre‑reform certified agreement; and
 (d) an organisation of employees that:
 (i) is entitled, under its eligibility rules, to represent the industrial interests of an employee referred to in paragraph (a); and
 (ii) has been requested by the employee to make submissions on the employee's behalf in relation to the application for the order under subclause 14(1).

 (3) For the purposes of paragraph (1)(c), this subclause covers:
 (a) the incoming employer; and
 (b) a transferring employee in relation to the pre‑reform certified agreement; and
 (c) an organisation of employees that is bound by the pre‑reform certified agreement; and
 (d) an organisation of employees that:
 (i) is entitled, under its eligibility rules, to represent the industrial interests of a transferring employee in relation to the pre‑reform certified agreement; and
 (ii) has been requested by the transferring employee to make submissions on the transferring employee's behalf in relation to the application for the order under subclause 14(1).

Part 5—Transmission of State transitional instruments

Division 1—General