Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:2_3:p2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 2/2)
Character Range: 643926–646411

Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction under a provision mentioned in subparagraph (i) or (ii);
 (iv) an order under section 23 of this Act (which deals with contraventions of the employee associations provisions).
 (2) The Court must give the association an opportunity to be heard.
 (3) If the Court:
 (a) finds that a ground for cancellation set out in the application has been established; and
 (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the association in relation to the matters;
the Court must cancel the recognition of the association under this Schedule.
 (4) A finding of fact in:
 (a) proceedings commenced on or after the commencement of this Schedule:
 (i) under section 421 of the Fair Work Act; or
 (ii) under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act; or
 (b) proceedings under section 23 of this Act;
is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(d).

Cancellation by FWA
 (5) FWA may cancel the recognition under this Schedule of a recognised State‑registered association:
 (a) on application by the association made under the regulations; or
 (b) on application by a person interested or by the Minister, if FWA has satisfied itself, as prescribed:
 (i) that the association was recognised by mistake; or
 (ii) that the association is no longer a State‑registered association; or
 (iii) that the association has been found by another industrial body (within the meaning of the Fair Work Act) to have contravened a State or Territory industrial law, and that the contravention constitutes serious misconduct.

Cancellation by General Manager
 (6) The General Manager may, by written instrument, cancel the recognition under this Schedule of a recognised State‑registered association if he or she is satisfied that the association no longer exists.
 (7) An instrument under subclause (6) is not a legislative instrument.

Cancellation if subclause 1(2) no longer applies
 (8) The recognition under this Schedule of a recognised State‑registered association is taken to be cancelled if the law of a State under which the association is registered ceases to be a law to which subclause 1(2) applies.

Part 3—Representation orders

Workplace Relations Act 1996