Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:13_14a
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 13 cl 14A
Character Range: 449798–452059

14A  FWA may order that industrial action is taken to be authorised by a protected action ballot
(1) A person who is a bargaining representative for a proposed enterprise agreement may apply to FWA for an order under this item if, before the WR Act repeal day, the person was an applicant specified in an order for a protected action ballot in relation to a proposed collective agreement.
(2) The application must be made within 28 days after the WR Act repeal day.
(3) FWA may order that industrial action that was authorised under section 478 of the WR Act in relation to the proposed collective agreement is taken to be authorised, in relation to the proposed enterprise agreement, by a protected action ballot under subsection 459(1) of the FW Act, if FWA is satisfied that:
 (a) on or after 1 March 2009, the person organised or engaged in industrial action, for the purpose of supporting or advancing claims in relation to the proposed collective agreement; and
 (b) all such industrial action organised or engaged in by the person was:
 (i) authorised by a protected action ballot under section 478 of the WR Act; and
 (ii) protected action within the meaning of the WR Act; and
 (c) the person did not first organise or engage in such industrial action on or after the WR Act repeal day; and
 (d) no collective agreement covering the employees whose employment would have been subject to the proposed collective agreement was approved by those employees before the WR Act repeal day; and
 (e) the proposed enterprise agreement will cover those employees; and
 (f) the person is genuinely trying to reach agreement in relation to the proposed enterprise agreement; and
 (g) it is reasonable in all the circumstances to make the order.
(4) Industrial action that is taken to be authorised because of the operation of subitem (3) is only taken to be authorised in relation to employees who:
 (a) will be covered by the proposed enterprise agreement; and
 (b) were relevant employees (within the meaning of section 450 of the WR Act) in relation to the proposed collective agreement.
(5) For the purposes of subsection 414(3) of the FW Act, the results of the protected action ballot under that Act are taken to have been declared on the day of the order.