Document ID: chunk:federal_register_of_legislation:F2024C00766:schedule:1:p6
Version: federal_register_of_legislation:F2024C00766
Segment Type: schedule
Provision Reference: sch 1 (pt 6/7)
Character Range: 281424–284166

heard, it considers that, when the association was granted transitional recognition, it did not satisfy:
 (a) subclause 2(1) of Schedule 1 to the Act; or
 (b) subclause 2(1A) of Schedule 1 to the Act.

1.10  Cancellation of transitional recognition by FWC—association no longer State‑registered association
  For subparagraph 5(5)(b)(ii) of Schedule 1 to the Act, the FWC will be satisfied that a transitionally recognised association is no longer a State‑registered association if, after giving the association an opportunity to be heard, it considers that the association is no longer a body that is:
 (a) an industrial organisation for the purposes of the Industrial Relations Act 1996 of New South Wales; or
 (b) an organisation for the purposes of Chapter 12 of the Industrial Relations Act 1999 of Queensland; or
 (c) an association or organisation for the purposes of the Industrial Relations Act 1979 of Western Australia; or
 (d) a registered association for the purposes of the Fair Work Act 1994 of South Australia; or
 (e) an organisation for the purposes of the Industrial Relations Act 1984 of Tasmania.
Note: State‑registered association has the meaning given by subitem 1(1) of Schedule 1 to the Act.

Part 3—Modification of the Act for transitionally recognised associations

1.11  Application of Part
  For clause 7 of Schedule 1 to the Act, this Part explains how section 19 of the Act applies to a transitionally recognised association.

1.12  Provisions not to apply
  The following provisions of section 19 of the Act are taken not to apply to the association:
 (a) paragraph 19(1)(j);
 (b) subsection 19(2);
 (c) subsection 19(3).

1.13  Other criteria for recognition of transitionally recognised association—coverage rules
  Section 19 (other than the provisions mentioned in clause 1.12) of the Act applies to the association as if the section required the FWC to refuse to grant an application for recognition made by the association, unless the rules of the association state that the association is eligible to represent members only within the State in which it had been registered as a State‑registered association immediately before its recognition as a transitionally recognised association.
Note: State‑registered association has the meaning given by subitem 1(1) of Schedule 1 to the Act.

1.14  Change of rules not to prevent recognition
  Section 19 (other than the provisions mentioned in clause 1.12) of the Act applies to the association as if the section provided that the FWC is not prevented from granting an application for recognition made by a transitionally recognised association only because the association amended its rules after its recognition as a transitionally recognised association.