Document ID: chunk:federal_register_of_legislation:C2024A00002:clause:1_212
Version: federal_register_of_legislation:C2024A00002
Segment Type: clause
Provision Reference: sch 1 cl 212
Character Range: 93480–95712

212  Application of amendments

Definitions
(1) In this item:
old Act means the Fair Work (Registered Organisations) Act 2009, as in force immediately before the commencement of this item.

Applications for withdrawal made before commencement
(2) Despite the amendments of the Fair Work (Registered Organisations) Act 2009 made by this Part and subject to subitem (3), Part 3 of Chapter 3 of the old Act continues to apply as if those amendments had not been made, in relation to:
 (a) an application that was made to the FWC under section 94 of the old Act; and
 (b) anything done in relation to the application (whether before or after the commencement of this item).
(3) If:
 (a) an application was made to the FWC under section 94 of the old Act for a secret ballot to be held to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation; and
 (b) either or both of the following apply:
 (i) the application related to a constituent part of the amalgamated organisation that is a branch, division or part of the organisation referred to in paragraph (c) of the definition of separately identifiable constituent part in subsection 93(1) of the old Act;
 (ii) the application was made after the end of the period referred to in paragraph 94(1)(c) of the old Act; and
 (c) a certificate in relation to a ballot was not prepared, dated and signed under subsection 106(1) of the old Act before 1 July 2023;
then:
 (d) the application is taken not to have been made; and
 (e) anything that was done in relation to the application before the commencement of this item (including by the applicant, the FWC, the AEC or any other person):
 (i) is taken not to have been done; and
 (ii) has no effect on or after the commencement of this item.
(4) For the purposes of paragraph (3)(c), if a certificate in relation to a ballot was prepared, dated and signed under subsection 106(1) of the old Act before 1 July 2023, it does not matter if the FWC has made, or makes, an order under paragraph 108(2)(b) of the Fair Work (Registered Organisations) Act 2009 that a fresh ballot be conducted in place of the ballot because of an irregularity.

Part 15—Definition of employment

Fair Work Act 2009