Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:
(a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;
(b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.
Note: Section 151 deals with agreements between organisations of employees and State unions.
Interim orders
(2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).
(3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.
(4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.
Variation of orders
(5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).
(6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).
Inconsistency with orders under subsection 133(1)
(7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).