Document ID: chunk:federal_register_of_legislation:F2024C00766:reg:114d
Version: federal_register_of_legislation:F2024C00766
Segment Type: reg
Provision Reference: reg 114D
Character Range: 118471–119642

114D  Representation rights of former State‑registered association involved in proceedings regarding representation rights in a State or Territory immediately before the reform commencement (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 that was party to proceedings concerning representation rights under a State or Territory industrial law; and
 (ii) no order regarding the representation rights of it and the other parties to the proceedings had been made by the court or tribunal hearing the proceedings; and
 (b) the organisation is involved in proceedings before the FWC concerning the dispute which gave rise to the proceedings mentioned at subparagraph (a)(i).
 (2) Chapter 4 applies in relation to the organisation as if the Chapter required the FWC to have regard to any evidence that was given in the proceedings mentioned at subparagraph (1)(a)(i).
Note: The FWC may treat the evidence which was laid before the State tribunal as being before the FWC.