For paragraph 768BB(3)(a) of the Act, a circumstance in which the FWC may make an order mentioned in subsection 768BB(1) of the Act is that the order is to be made:
(a) on the FWC's own initiative; or
(b) on application to the FWC by a transferring employee, or a person who is likely to be a transferring employee; or
(c) on application to the FWC by the new employer, or a person who is likely to be the new employer; or
(d) on application to the FWC by an employee organisation that is entitled to represent the industrial interests of an employee mentioned in paragraph (b).