Section 768BB — Fair Work Act 2009: FWC orders about coverage for employee organisations

(1) The FWC may make an order that: (a) a copied State instrument for a transferring employee that would, or would be likely to, cover an employee organisation (the first employee organisation) in relation to the transferring employee because of subsection 768AN(2) does not, or will not, cover the organisation; and (b) another employee organisation (the second employee organisation) is, or will be, covered by the copied State instrument in relation to the employee. (2) When making an order under subsection (1), the FWC must consider whether the second employee organisation is a federal counterpart (within the meaning of section 9A of the Registered Organisations Act) of the first employee organisation. (3) The regulations may: (a) prescribe circumstances in which the FWC may make an order for the purposes of subsection (1); and (b) otherwise make provision in relation to the making of the order. (4) An order under subsection (1) must be made in accordance with any regulations that are made for the purposes of subsection (3).