Commonwealth Numbered Acts Commonwealth Numbered ActsNote: See section 795A.
In this Schedule:
"amending Act means the " Fair Work Amendment (Transfer of Business) Act 2012 .
"commencement" means the commencement of this Schedule.
2 Application of the amendments made by the amending Act
The amendments made by the amending Act apply in relation to a transfer of business referred to in Part 6-3A (as inserted by item 1 of Schedule 1 to the amending Act), but only if the connection between the old State employer and the new employer referred to in paragraph 768AD(1)(d) (as inserted by that item) occurs on or after commencement.
Fair Work (Registered Organisations) Act 2009
68 After subclause 2(1) of Schedule 1
Insert:
(1A) A State-registered association may also apply to the General Manager for transitional recognition under this Schedule if:
(a) it has at least one member who is a transferring employee (within the meaning of the Fair Work Act 2009 ) and who is, or is likely to be, covered by a copied State instrument for the employee (within the meaning of that Act); and
(b) immediately before the employee's termination time (within the meaning of that Act), it was entitled to represent the industrial interests of the employee in relation to the transferring work of the employee (within the meaning of that Act); and
(c) it is not also an organisation, or a branch of an organisation; and
(d) it is not, or has not been, transitionally recognised under this Schedule; and
(e) the application is made before:
(i) the fifth anniversary of the day the Fair Work Amendment (Transfer of Business) Act 2012 commenced; or
(ii) if the regulations prescribe a later day--that day.
69 Paragraph 2(2)(a) of Schedule 1
After "subclause (1)", insert "or (1A)".
70 Subclause 2(3) of Schedule 1
After "subclause (1)", insert "or (1A)".
71 After subclause 5(1) of Schedule 1
Insert:
(1A) A reference in subclause (1), in relation to a transitionally recognised association that has been granted transitional recognition in relation to an application under subclause 2(1A), to the reform commencement is taken to be a reference to the day the Fair Work Amendment (Transfer of Business) Act 2012 commenced.
72 Subclause 6(1) of Schedule 1
Before "ends", insert "that has been granted transitional recognition in relation to an application under subclause 2(1)".
73 After subclause 6(1) of Schedule 1
(1A) The recognition under this Schedule of a transitionally recognised association that has been granted transitional recognition in relation to an application under subclause 2(1A) ends:
(a) when it is cancelled under clause 5; or
(b) when the association becomes an organisation; or
(c) in any other case--at the end of the latest of the following days:
(i) the day (the default day ) that is the later of the fifth anniversary of the day the Fair Work Amendment (Transfer of Business) Act 2012 commenced and a day prescribed by the regulations;
(ii) if FWA grants the association an extension under subclause (2)--the anniversary of the default day;
(iii) if FWA grants the association a further extension under subclause (3)--the second anniversary of the default day.
74 Subclause 6(2) of Schedule 1
After "subparagraph (1)(c)(ii)", insert "or (1A)(c)(ii)".
75 Subclause 6(3) of Schedule 1
After "subparagraph (1)(c)(iii)", insert "or (1A)(c)(iii)".
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
76 Paragraph 11(1)(b) of Schedule 3A
Omit "transitional".