Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.
(2) The FWC must, in addition to any other relevant matters, have regard to:
(a) whether there is, in relation to the organisation, an associated body registered under a prescribed State Act; and
(b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.
(3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.