Document ID: chunk:federal_register_of_legislation:C2024C00345:clause:3_5:p2
Version: federal_register_of_legislation:C2024C00345
Segment Type: clause
Provision Reference: sch 3 cl 5 (pt 2/2)
Character Range: 678319–680235

2(F), but must exclude:
 (i) persons who are engaged in Queensland, the Australian Capital Territory or the Northern Territory; and
 (ii) floor covering layers in Queensland or Western Australia; and
 (iii) persons who are engaged in the plate, sheet or ornamental glass industry in New South Wales or Western Australia and persons engaged in or in connection with the following industries or trades in New South Wales or Western Australia: plate and sheet glass in warehouses, shops, factories or stores, glass bevellers, glass benders, glass workers (excepting those on spectacles, lenses or frames and employees in firms where such employees are engaged on work connected with the manufacture or repair of scientific, precision or other instruments such as binoculars, microscopes, military, aircraft and naval instruments), glass lampshade workers, safety glass workers, glaziers, glass polishing, cutting, painting, cementing, leadlight glaziers and cutters and plate‑glass factories and luxfer glazing;
 (c) 2(P)(D);
 (d) 2(P)(G);
 (e) 2(R).
 (5) The eligibility rules of the CFMEU, as proposed to be altered, must not overlap with the eligibility rules of the new organisation when the withdrawal from amalgamation takes effect.".
 (8) Subsection 95A(11) of the old Act has effect as if the words "or (3)" were omitted.
 (9) Notwithstanding the definition of Manufacturing Division in clause 1, and paragraph (5)(b) of this clause, section 111 of the old Act (which deals with transfers of membership following withdrawal) does not apply in relation to persons not eligible to be members of the new organisation.

Orders for ballots
 (10) Notwithstanding the old Act and the old Regulations, if the application seeks, pursuant to subsection 100(3) of the old Act, that the FWC make orders that the vote of the constituent members be done in whole or in part by attendance ballot, the FWC must make the orders.