Document ID: chunk:federal_register_of_legislation:F2024C00766:schedule:1:p5
Version: federal_register_of_legislation:F2024C00766
Segment Type: schedule
Provision Reference: sch 1 (pt 5/7)
Character Range: 278785–281675

the right to represent, under the Act or the Fair Work Act, the industrial interests of a particular class or group of transferring employees who are eligible for membership of the association.
 (2) The FWC may make the order.
 (3) In considering whether to make an order under subclause (2), the FWC must have regard to:
 (a) the wishes of transferring employees who would be affected by the order; and
 (b) any other matter that the FWC considers relevant, including the following:
 (i) any prior State orders of a similar kind that were in force in relation to the transferring employees;
 (ii) the effect of the new order on the operation of the employer of the transferring employees;
 (iii) any agreements or understandings of which the FWC becomes aware that deal with the right of the transitionally recognised association or other organisation to represent the transferring employees;
 (iv) the consequences, for the employer, the employees, the transferring employees, the transitionally recognised association or an organisation affected by the order, of not making an order.
 (4) The FWC may, on application by an organisation, a transitionally recognised association of employees, an employer or the Minister, vary an order made under subclause (2).
 (5) An order under subclause (2) may be subject to conditions or limitations.

1.7B  Organisations and transitionally recognised associations must comply with order
 (1) An organisation, or a transitionally recognised association, to which an order under subclause 1.7A(2) applies must comply with the order.
 (2) The Federal Court may, on application by an organisation affected by an order, a transitionally recognised association of employees affected by an order, an employer affected by an order or the Minister, make such orders as it thinks fit to ensure compliance with the order.

Part 2—Cancellation of transitional recognition

1.8  Form of application to FWC for cancellation of recognition of transitionally recognised association
  For paragraph 5(5)(a) of Schedule 1 to the Act, an application to the FWC by a transitionally recognised association to cancel its recognition under that Schedule must:
 (a) be in writing; and
 (b) state the grounds on which the application is made; and
 (c) be made by an officer of the association who is authorised to make the application.

1.9  Cancellation of transitional recognition by FWC—recognition by mistake
  For subparagraph 5(5)(b)(i) of Schedule 1 to the Act, the FWC will be satisfied that a transitionally recognised association was recognised by mistake if, after giving the association an opportunity to be heard, it considers that, when the association was granted transitional recognition, it did not satisfy:
 (a) subclause 2(1) of Schedule 1 to the Act; or
 (b) subclause 2(1A) of Schedule 1 to the Act.

1.10  Cancellation of transitional recognition by