Fair Work (Registered Organisations) Regulations 2009

For subclause 4(1) of Schedule 1 to the Act, this clause applies if:

an organisation, transitionally recognised association, an employer or the Minister applies to the FWC to make any of the following orders:

an order that a transitionally recognised association of employees is to have the right, to the exclusion of 1 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 employees who are eligible for membership of the association;

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 employees is to have that right;

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 employees who are eligible for membership of the association; and

immediately before the reform commencement:

the transitionally recognised association mentioned in subparagraph (a)(i), (ii) or (iii) was a State‑registered association; and

there was an order of a similar kind in force in relation to the State‑registered association.

If no order of a similar kind was in force immediately before the reform commencement, see Division 1.

State‑registered association has the meaning given by subitem 1(1) of Schedule 1 to the Act.

The FWC must make an order to the same effect as the order mentioned in subparagraph (1)(b)(ii).

The FWC may, on application by the Minister, an organisation, a transitionally recognised association of employees or an employer, vary an order made under subclause (2).