Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:

that the alteration has been made under the rules of the organisation; and

that the organisation is a federal counterpart of the association; and

that the alteration will not extend the eligibility rules of the organisation beyond those of the association; and

that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and

as to such other matters (if any) as are prescribed by the regulations.

If the General Manager consents to the alteration, FWA may make orders that reflect State representation orders (see section 137F).

The application must not be made before 1 January 2011, or such later day as the Minister declares in writing.

A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the declaration.

If the General Manager consents, under subsection (1), to an alteration, the alteration takes effect on:

if a day is specified in the consent—that day; or

in any other case—the day of the consent.

The heading to clause 2 of Schedule 10 is altered by omitting “registration” and substituting “recognition”.

The heading to clause 3 of Schedule 10 is altered by omitting “registered” and substituting “recognised”.

To avoid doubt, this section does not confer on a transitionally recognised association:

a legal identity that it would not otherwise have; or

a right to represent its members’ industrial interests outside the State in relation to which it is a State‑registered association.

The heading to clause 4 of Schedule 10 is altered by omitting “registered” and substituting “recognised”.

The heading to clause 5 of Schedule 10 is altered by omitting “registration” and substituting “recognition”.

The heading to clause 6 of Schedule 10 is altered by omitting “registration” and substituting “recognition”.

unless subparagraph (ii) or (iii) applies—the fifth anniversary of the earliest day on which an organisation can make an application in accordance with subsection 158A(2); or

if FWA grants the association an extension under subclause (2) of this clause and subparagraph (iii) does not apply—the sixth anniversary of that day; or

if FWA grants the association a further extension under subclause (3) of this clause—the seventh anniversary of that day.

FWA may, on application by a transitionally recognised association, grant the association an extension for the purposes of subparagraph (1)(c)(ii) if FWA is satisfied that the association has made progress towards:

becoming an organisation; or

rationalising its internal affairs with those of its federal counterpart.

FWA may, on application by a transitionally recognised association, grant the association a further extension for the purposes of subparagraph (1)(c)(iii) if FWA is satisfied that:

the association has made further progress towards:

becoming an organisation; or

rationalising its internal affairs with those of its federal counterpart; and

there are extenuating circumstances justifying the further extension.