Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_125i
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 125I
Character Range: 558952–560640

125I  Submissions in relation to application

 (1) Before deciding whether to make an order under subsection 125E(1) in relation to the collective agreement, the Commission must give the following an opportunity to make submissions:
 (a) the applicant;
 (b) before the transfer time—the persons covered by subsection (2);
 (c) at and after the transfer time—the persons covered by subsection (3).

 (2) For the purposes of paragraph (1)(b), this subsection covers:
 (a) an employee of the outgoing employer:
 (i) who is bound by the collective agreement; and
 (ii) who is employed in the business concerned; and
 (b) the incoming employer; and
 (c) an organisation of employees that is bound by the collective agreement; and
 (d) an organisation of employees that:
 (i) is entitled, under its eligibility rules, to represent the industrial interests of an employee referred to in paragraph (a); and
 (ii) has been requested by the employee to make submissions on the employee's behalf in relation to the application for the order under subsection 125E(1).

 (3) For the purposes of paragraph (1)(c), this subsection covers:
 (a) the incoming employer; and
 (b) a transferring employee in relation to the collective agreement; and
 (c) an organisation of employees that is bound by the collective agreement; and
 (d) an organisation of employees that:
 (i) is entitled, under its eligibility rules, to represent the industrial interests of a transferring employee; and
 (ii) has been requested by the transferring employee to make submissions on the transferring employee's behalf in relation to the application for the order under subsection 125E(1).

Division 5—Transmission of award