Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_120c
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 120C
Character Range: 530590–531994

120C  Application to be bound by an award—new organisations

 (1) A new organisation may apply to the Commission for an order varying an award to bind the organisation.

 (2) If an application is made under subsection (1), the Commission must take such steps as it thinks appropriate to ensure that each employer, employee and organisation bound by the award, and any other interested persons and bodies, are made aware of the application.

 (3) The Minister may intervene in relation to the application.

 (4) The Commission may make the order if the Commission is satisfied that:
 (a) the new organisation has at least one member bound by the award whose industrial interests the new organisation is entitled (under its eligibility rules) to represent; and
 (b) the making of the order is necessary to enable the new organisation to represent properly the industrial interests of those of its members who are bound by the award; and
 (c) the award regulates an industry in respect of which the new organisation has traditionally been entitled to represent the industrial interests of its members.

 (5) In this section:

new organisation means:
 (a) an association granted registration as an organisation under the Registration and Accountability of Organisations Schedule on or after the reform commencement; or
 (b) a transitionally registered association registered under clause 2 of Schedule 17.