Document ID: chunk:federal_register_of_legislation:F2024C00766:schedule:1:p2
Version: federal_register_of_legislation:F2024C00766
Segment Type: schedule
Provision Reference: sch 1 (pt 2/7)
Character Range: 271020–273910

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 ceased, but are likely to recur as a result of the conduct, or threatened conduct, of the association, organisation or person; or
 (d) the consequences mentioned in paragraph (a) or (b) are imminent as a result of conduct, or threatened conduct, of the association, organisation or person.
 (4) In considering whether to make an order under subclause (2), the FWC must have regard to the wishes of the employees who are affected by the dispute and, where it considers it appropriate, the FWC is also to have regard to:
 (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of a transitionally recognised association or organisation that is a party to the dispute; and
 (b) any agreement or understanding of which the FWC becomes aware that deals with the right of a transitionally recognised association or organisation to represent under the Act or the Fair Work Act the industrial interests of a particular class or group of employees; and
 (c) the consequences of not making an order for any employer, employees, transitionally recognised association or organisation involved in the dispute; and
 (d) any other order made by the FWC, in relation to another demarcation dispute involving the transitionally recognised association or organisation to which the order under subclause (2) would relate, that the FWC considers to be relevant.
 (5) The powers of the FWC under this Division are exercisable only by a Full Bench.

1.2  Variation of order
  The FWC may, on application by the Minister, an organisation, a transitionally recognised association of employees or an employer, vary an order made under subclause 1.1(2).

1.3  Organisations and transitionally recognised association must comply with order
 (1) An organisation or a transitionally recognised association to which the order applies must comply with the order.
 (2) The Federal Court may, on application by the Minister or a person, organisation or transitionally recognised association affected by an order, make such orders as it thinks fit to ensure compliance with that order.

Division 2—Orders about representation rights of transitionally recognised associations of employees—prior order about State‑registered association

1.3A  Application of Division
  This Division does not apply to an application for an order about the right to represent transferring employees.

1.4  Order
 (1) For subclause 4(1) of Schedule 1 to the Act, this clause applies if:
 (a) an organisation, transitionally recognised association, an employer