Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_16
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 16
Character Range: 1135401–1136191

16  Who may apply for order

 (1) Before the transfer time, an application for an order under subclause 14(1) may be made only by the outgoing employer.

 (2) At or after the transfer time, an application for an order under subclause 14(1) may be made only by:
 (a) the incoming employer; or
 (b) a transferring employee in relation to the pre‑reform certified agreement; or
 (c) an organisation of employees that is bound by the pre‑reform certified agreement; or
 (d) an organisation of employees that:
 (i) is entitled, under its eligibility rules, to represent the industrial interests of a transferring employee in relation to the pre‑reform certified agreement; and
 (ii) has been requested by the transferring employee to apply for the order on the transferring employee's behalf.