Document ID: chunk:federal_register_of_legislation:F2024C00766:schedule:1:p4
Version: federal_register_of_legislation:F2024C00766
Segment Type: schedule
Provision Reference: sch 1 (pt 4/7)
Character Range: 276182–279016

which the order applies must comply with the order.
 (2) The Federal Court may, on application by the Minister or a person, organisation or transitionally recognised association affected by an order, make such orders as it thinks fit to ensure compliance with that order.

Division 3—Proceedings about representation rights in State or Territory immediately before reform commencement

1.6A  Application of Division
  This Division does not apply to a transitionally recognised association recognised under subclause 2(1A) of Schedule 1 to the Act.

1.7  Representation rights—evidence in prior proceedings
 (1) For subclause 4(1) of Schedule 1 to the Act, this clause applies to a transitionally recognised association if:
 (a) immediately before the reform commencement:
 (i) it was a State‑registered association that was party to proceedings about representation rights under a State or Territory industrial law; and
 (ii) no order about 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 transitionally recognised association is involved in proceedings before the FWC about the dispute which gave rise to the proceedings mentioned at (a)(i).
 (2) The FWC must have regard to any evidence that was given in the proceedings mentioned at subparagraph (a)(i).
Note 1: The FWC may treat the evidence that was before the State tribunal as being before the FWC.
Note 2: State‑registered association has the meaning given by subitem 1(1) of Schedule 1 to the Act.

Division 4—Orders about the right of certain persons to represent transferring employees in the federal system

1.7A  Order
 (1) For subclause 4(1) of Schedule 1 to the Act, this clause applies if an organisation, a transitionally recognised association of employees, an employer or the Minister applies to the FWC to make any of the following orders:
 (a) an order that a transitionally recognised association of employees is to have the right, to the exclusion of one or more other associations or organisations, to represent, under the Act or the Fair Work Act, the industrial interests of a particular class or group of transferring employees who are eligible for membership of the association;
 (b) an order that a transitionally recognised association of employees that does not have the right to represent, under the Act or the Fair Work Act, the industrial interests of a particular class or group of transferring employees is to have that right;
 (c) an order that a transitionally recognised association of employees is not to have the right to represent, under the Act or the Fair Work Act, the industrial interests of a particular class or group of transferring employees who are eligible for membership of the association.
 (2) The FWC may make the order.
 (3)