Fair Work (Registered Organisations) Regulations 2009

For subsection 157(2) of the Act, the FWC must, to give the organisations mentioned in that subsection an opportunity to be heard on a matter:

fix a time and place for a hearing on the matter; and

give each organisation, not less than 7 days before the time so fixed, a written notice:

identifying the breach of undertaking and the resulting overlap between the eligibility rules of the 2 organisations; and

stating the time and place fixed for the hearing; and

notifying the organisation of its right to be heard on the matter and to make submissions, under subregulation (2), in relation to the matter.

Each organisation may make submissions in relation to the matter to the FWC by either, or both, of the following:

lodging with the FWC, not less than 2 days before the day fixed for the hearing, written submissions in relation to the matter;

appearing at the hearing and making oral submissions to the FWC.

At the hearing, the FWC may direct the manner in which the hearing is to proceed and, after hearing both organisations, may:

determine the matter without further delay; or

adjourn the proceedings to a later day; or

with the agreement of both organisations, determine the matter on a later day without further hearing.