Document ID: chunk:federal_register_of_legislation:C2024C00345:clause:1_6
Version: federal_register_of_legislation:C2024C00345
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 660824–663262

6  End of transitional recognition
 (1) The recognition under this Schedule of a transitionally recognised association that has been granted transitional recognition in relation to an application under subclause 2(1) ends:
 (a) when it is cancelled under clause 5; or
 (b) when the association becomes an organisation; or
 (c) in any other case—at the end of:
 (i) unless subparagraph (ii) or (iii) applies—the fifth anniversary of the earliest day on which an organisation can make an application in accordance with subsection 158A(2); or
 (ii) if the FWC grants the association an extension under subclause (2) of this clause and subparagraph (iii) does not apply—the sixth anniversary of that day; or
 (iii) if the FWC grants the association a further extension under subclause (3) of this clause—the seventh anniversary of that day.
 (1A) The recognition under this Schedule of a transitionally recognised association that has been granted transitional recognition in relation to an application under subclause 2(1A) ends:
 (a) when it is cancelled under clause 5; or
 (b) when the association becomes an organisation; or
 (c) in any other case—at the end of the latest of the following days:
 (i) the day (the default day) that is the later of the fifth anniversary of the day the Fair Work Amendment (Transfer of Business) Act 2012 commenced and a day prescribed by the regulations;
 (ii) if the FWC grants the association an extension under subclause (2)—the anniversary of the default day;
 (iii) if the FWC grants the association a further extension under subclause (3)—the second anniversary of the default day.
 (2) The FWC may, on application by a transitionally recognised association, grant the association an extension for the purposes of subparagraph (1)(c)(ii) or (1A)(c)(ii) if the FWC is satisfied that the association has made progress towards:
 (a) becoming an organisation; or
 (b) rationalising its internal affairs with those of its federal counterpart.
 (3) The FWC may, on application by a transitionally recognised association, grant the association a further extension for the purposes of subparagraph (1)(c)(iii) or (1A)(c)(iii) if the FWC is satisfied that:
 (a) the association has made further progress towards:
 (i) becoming an organisation; or
 (ii) rationalising its internal affairs with those of its federal counterpart; and
 (b) there are extenuating circumstances justifying the further extension.