Document ID: chunk:federal_register_of_legislation:F2024C00766:schedule:2:p1
Version: federal_register_of_legislation:F2024C00766
Segment Type: schedule
Provision Reference: sch 2 (pt 1/2)
Character Range: 284450–287387

Schedule 2—Recognised State‑registered associations
Note: This Schedule is made for Schedule 2 to the Act.

2.1  Form of application to FWC for cancellation of recognition of State‑registered association
  For paragraph 3(3)(a) of Schedule 2 to the Act, an application to the FWC by a recognised State‑registered 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.
Note: State‑registered association has the meaning given by subitem 1(1) of Schedule 1 to the Act.

2.2  Cancellation of recognition by FWC—State‑registered association recognised by mistake
  For subparagraph 3(3)(b)(i) of Schedule 2 to the Act, the FWC will be satisfied that a recognised State‑registered association was recognised by mistake if, after giving the association an opportunity to be heard, the FWC considers that the association did not satisfy subclause 1(1) of that Schedule at the time at which it was granted recognition.
Note: State‑registered association has the meaning given by subitem 1(1) of Schedule 1 to the Act.

2.3  Cancellation of recognition by FWC—recognised State‑registered association no longer State‑registered association
  For subparagraph 3(3)(b)(ii) of Schedule 2 to the Act, the FWC will be satisfied that a recognised State‑registered association is no longer a State‑registered association if, after giving the association an opportunity to be heard, it considers that the association is no longer a body that is:
 (a) an industrial organisation for the purposes of the Industrial Relations Act 1996 of New South Wales; or
 (b) an organisation for the purposes of Chapter 12 of the Industrial Relations Act 1999 of Queensland; or
 (c) an association or organisation for the purposes of the Industrial Relations Act 1979 of Western Australia; or
 (d) a registered association for the purposes of the Fair Work Act 1994 of South Australia; or
 (e) an organisation for the purposes of the Industrial Relations Act 1984 of Tasmania.
Note: State‑registered association has the meaning given by subitem 1(1) of Schedule 1 to the Act.

2.4  Cancellation of recognition by FWC—recognised State‑registered association contravened State or Territory industrial law
  For subparagraph 3(3)(b)(iii) of Schedule 2 to the Act, the FWC will be satisfied that a recognised State‑registered association has been found by another industrial body to have contravened a State or Territory industrial law and that the contravention constitutes serious misconduct, if:
 (a) the FWC considers that the association has contravened a State or Territory law; and
 (b) the FWC considers that the contravention constitutes serious misconduct; and
 (c) the FWC does not consider it to be unjust to cancel the recognition of the association, having regard to:
 (i) the