Document ID: chunk:federal_register_of_legislation:F2024C00766:reg:114b
Version: federal_register_of_legislation:F2024C00766
Segment Type: reg
Provision Reference: reg 114B
Character Range: 114556–116342

114B  Representation rights of former State‑registered associations subject to demarcation order—no transitional recognition and no previous order under Chapter 4 of the Act (section 138A)
 (1) For subsection 138A(1) of the Act, this regulation explains the way in which Chapter 4 of the Act applies in relation to an organisation if:
 (a) immediately before the reform commencement:
 (i) it was a State‑registered association; and
 (ii) a State demarcation order was in force in relation to it; and
 (b) it did not become a transitionally recognised association; and
 (c) no demarcation order of a kind similar to the State demarcation order was made in relation to the organisation under section 133 of the Act.
 (2) Chapter 4 applies in relation to the organisation as if the Chapter:
 (a) required the FWC to make an order to the same effect as the State demarcation order mentioned in subparagraph (1)(a)(ii); and
 (b) permitted the FWC:
 (i) to make orders under that Chapter about the representation rights of the association without the existence of a demarcation dispute; and
 (ii) to disregard any requirement in that Chapter to have regard to:
 (A) the existence of a demarcation dispute; or
 (B) any matter relating to the existence of a demarcation dispute.
 (3) The order:
 (a) may be made with changes from the text of the State demarcation order mentioned in subparagraph (1)(a)(ii) that the FWC considers necessary to reflect the language and content of the Fair Work Act and the Act; and
 (b) must be the same in substance as the State demarcation order mentioned in subparagraph (1)(a)(ii); and
 (c) may be subject to conditions or limitations.
 (4) For subregulation (2), sections 134, 135 and 138 of the Act are taken not to apply in relation to the organisation.