Fair Work (Registered Organisations) Act 2009

A State‑registered association may apply to the General Manager for transitional recognition under this Schedule if:

immediately before the commencement of this Schedule, it had at least one member who was:

an employee whose employment was subject to a State award, a State employment agreement or a State or Territory industrial law; or

an employer in relation to such an employee; and

immediately before the commencement of this Schedule, it was entitled to represent the industrial interests of the member in relation to work that was subject to the State award, the State employment agreement or the State or Territory industrial law; and

on the reform commencement, the employee will become bound by, or the employment of the employee will become subject to, a preserved State agreement or a notional agreement preserving State awards if he or she continues in that employment; and

it is not also an organisation, or a branch of an organisation.

A State‑registered association may also apply to the General Manager for transitional recognition under this Schedule if:

it has at least one member who is a transferring employee (within the meaning of the Fair Work Act 2009) and who is, or is likely to be, covered by a copied State instrument for the employee (within the meaning of that Act); and

immediately before the employee’s termination time (within the meaning of that Act), it was entitled to represent the industrial interests of the employee in relation to the transferring work of the employee (within the meaning of that Act); and

it is not also an organisation, or a branch of an organisation; and

it is not, or has not been, transitionally recognised under this Schedule; and

the application is made before:

the fifth anniversary of the day the Fair Work Amendment (Transfer of Business) Act 2012 commenced; or

if the regulations prescribe a later day—that day.

The application must be accompanied by:

evidence to establish the fact that the association satisfies subclause (1) or (1A); and

a copy of the current rules of the association; and

a statement setting out:

the address of the association; and

each office in the association; and

the name and address of each person holding office in the association.

If the General Manager is satisfied that the association satisfies subclause (1) or (1A), the General Manager must, by written instrument, grant the application and record the fact that he or she is so satisfied.

An instrument under subclause (3) is not a legislative instrument.

The General Manager must give a copy of the instrument to the association.

A State‑registered association is taken to be recognised under this Schedule when the General Manager grants the application.