Document ID: chunk:federal_register_of_legislation:F2024C00766:schedule:1:p1
Version: federal_register_of_legislation:F2024C00766
Segment Type: schedule
Provision Reference: sch 1 (pt 1/7)
Character Range: 268360–271276

Schedule 1—Transitionally recognised associations
Note: This Schedule is made for Schedule 1 to the Act.

Part 1—Representation rights of transitionally recognised associations of employees

Division 1—Orders about representation rights of transitionally recognised associations of employees—no prior order for State‑registered association

1.1A  Application of Division
  This Division does not apply to an application for an order about the right to represent transferring employees.

1.1  Order
 (1) For subclause 4(1) of Schedule 1 to the Act, this clause applies if:
 (a) an organisation, a transitionally recognised association of employees, an employer or the Minister applies to the FWC to make any of the following orders in relation to a demarcation dispute:
 (i) an order that a transitionally recognised association of employees is to have the right, to the exclusion of 1 or more other associations or organisations, to represent, under the Act or the Fair Work Act, the industrial interests of a particular class or group of employees who are eligible for membership of the association;
 (ii) an order that a transitionally recognised association of employees that does not have the right to represent, under the Act or the Fair Work Act, the industrial interests of a particular class or group of employees is to have that right;
 (iii) an order that a transitionally recognised association of employees is not to have the right to represent, under the Act or the Fair Work Act, the industrial interests of a particular class or group of employees who are eligible for membership of the association; and
 (b) immediately before the reform commencement:
 (i) the transitionally recognised association mentioned in subparagraph (a)(i), (ii) or (iii) was a State‑registered association; and
 (ii) there was no order of a similar kind in force in relation to the State‑registered association immediately before the reform commencement.
Note 1: If an order of a similar kind was in force immediately before the reform commencement, see Division 3.
Note 2: State‑registered association has the meaning given by subitem 1(1) of Schedule 1 to the Act.
 (2) The FWC may make the order.
 (3) The FWC must not make an order unless it is satisfied that:
 (a) the conduct, or threatened conduct, of:
 (i) a transitionally recognised association or organisation to which the order would relate; or
 (ii) an officer, member or employee of the transitionally recognised association or organisation:
  is preventing, obstructing or restricting the performance of work; or
 (b) the conduct, or threatened conduct, of:
 (i) a transitionally recognised association or organisation to which the order would relate; or
 (ii) an officer, member or employee of the transitionally recognised association or organisation:
  is harming the business of an employer; or
 (c) the consequences mentioned in paragraph (a) or (b) have