Representation rights of former State‑registered association involved in proceedings regarding representation rights in a State or Territory immediately before the reform commencement (section 138A)
114D Representation rights of former State‑registered association involved in proceedings regarding representation rights in a State or Territory immediately before the reform commencement (section 138A)
For subsection 138A(1) of the Act, this regulation explains the way in which Chapter 4 of the Act applies in relation to an organisation if:
immediately before the reform commencement:
it was a State‑registered association that was party to proceedings concerning representation rights under a State or Territory industrial law; and
no order regarding the representation rights of it and the other parties to the proceedings had been made by the court or tribunal hearing the proceedings; and
the organisation is involved in proceedings before the FWC concerning the dispute which gave rise to the proceedings mentioned at subparagraph (a)(i).
Chapter 4 applies in relation to the organisation as if the Chapter required the FWC to have regard to any evidence that was given in the proceedings mentioned at subparagraph (1)(a)(i).
The FWC may treat the evidence which was laid before the State tribunal as being before the FWC.
This Act’s bill:Explanatory statement
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