Document ID: chunk:federal_register_of_legislation:C2004A01244:clause:1_170mba:p2
Version: federal_register_of_legislation:C2004A01244
Segment Type: clause
Provision Reference: sch 1 cl 170MBA (pt 2/3)
Character Range: 6784–9586

to and the effect of any loss of conditions; and
 (b) the length of time remaining on the certified agreement.

 (3) Without limiting paragraph (2)(b), the Commission may make an order under that paragraph that the incoming employer is, or will be, bound by the certified agreement but only for the period specified in the order.

When application for order can be made

 (4) An application for an order under subsection (2) may be made before, at or after the transfer time.

Who may apply for order

 (5) Before the transfer time, an application for an order under subsection (2) may be made only by the outgoing employer.

 (5A) In determining an application made by an outgoing employer under subsection (5), the Commission must take into account the terms and conditions of employment that apply, or will apply, to employees of the incoming employer.

 (6) At or after the transfer time, an application for an order under subsection (2) may be made only by:
 (a) the incoming employer; or
 (b) an employee of the incoming employer whose employment is subject to the certified agreement; or
 (c) an organisation that:
 (i) is bound by the certified agreement; and
 (ii) is entitled to represent the industrial interests of employees referred to in paragraph (b) in relation to work that is subject to the agreement.
Paragraph (c) has effect subject to subsection (7) (which makes special provision for organisations bound by section 170LK agreements).

 (7) An organisation that is bound by a certified agreement made in accordance with section 170LK may only apply under paragraph (6)(c) for an order under subsection (2) if the organisation has at least one member:
 (a) who is an employee of the incoming employer and whose employment is subject to the agreement; and
 (b) whose industrial interests the organisation is entitled to represent in relation to work that is subject to the agreement; and
 (c) who requested the organisation to apply for an order under that subsection.

Applicant to give notice of application

 (8) The applicant for an order under subsection (2) must take reasonable steps to give written notice of the application to the persons who, and organisations that, may make submissions in relation to the application (see subsections (9) to (13)).

Submissions in relation to application for order

 (9) Before deciding whether to make an order under subsection (2) in relation to the certified agreement, the Commission must give the following an opportunity to make submissions:
 (a) the applicant;
 (b) before the transfer time—the persons and organisations covered by subsection (10);
 (c) at and after the transfer time—the persons and organisations covered by subsection (12).

Submissions—before transfer time

 (10) For the purposes of paragraph (9)(b), this