Document ID: chunk:federal_register_of_legislation:C2024C00345:section:158a
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 158A
Character Range: 274112–275683

158A  Alteration of eligibility rules of organisation by General Manager
 (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:
 (a) that the alteration has been made under the rules of the organisation; and
 (b) that the organisation is a federal counterpart of the association; and
 (c) that the alteration will not extend the eligibility rules of the organisation beyond those of the association; and
 (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and
 (e) as to such other matters (if any) as are prescribed by the regulations.
Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).
 (2) The application must not be made before 1 January 2011, or such later day as the Minister declares in writing.
 (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.
 (4) If the General Manager consents, under subsection (1), to an alteration, the alteration takes effect on:
 (a) if a day is specified in the consent—that day; or
 (b) in any other case—the day of the consent.