Document ID: chunk:federal_register_of_legislation:C2024C00345:clause:2_3:p1
Version: federal_register_of_legislation:C2024C00345
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 1/2)
Character Range: 665384–667982

3  Cancellation of recognition

Cancellation by the Federal Court
 (1) A person interested or the Minister may apply to the Federal Court for an order cancelling the recognition under this Schedule of a recognised State‑registered association on the ground that:
 (a) the conduct of:
 (i) the association (in relation to its continued breach of an order of the FWC or an industrial instrument, or its continued failure to ensure that its members comply with and observe an order of the FWC or an industrial instrument, or in any other respect); or
 (ii) a substantial number of the members of the association (in relation to their continued breach of an order of the FWC or an industrial instrument, or in any other respect);
  has, on or after the commencement of this Schedule, prevented or hindered the achievement of an object of this Act as in force at that time; or
 (b) the association, or a substantial number of the members of the association or of a section or class of members of the association, has engaged in industrial action (other than protected industrial action) that has, on or after the commencement of this Schedule, prevented, hindered or interfered with:
 (i) the activities of a federal system employer; or
 (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or
 (c) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have been, or is or are, engaged, on or after the commencement of this Schedule, in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or
 (d) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have failed to comply with one of the following, made on or after the commencement of this Schedule:
 (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action);
 (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections);
 (iii) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction under a provision mentioned in subparagraph (i) or (ii);
 (iv) an order under section 23 of this