Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subsection 143(5) of the Conciliation and Arbitration Act does not apply in relation to the Federation or its members but subsections 143(4) and (6) of that Act apply in spite of the repeal of that Act.
(2) Any award that would, but for this subsection, apply to the Federation or its members does not have any effect in relation to the Federation or its members.
(3) Subject to subsection (3A), a non-registered association:
(a) is not capable of being a party to a proceeding before FWA; and
(b) is not capable of being a party to an award made by FWA.
(3A) A State association, other than the Building Construction Employees and Builders Labourers' Federation of New South Wales, may make an objection in relation to an amalgamation under section 56 of the Fair Work (Registered Organisations) Act and regulations made under that Act.
(4) Subject to subsection ( 5), FWA does not have any powers under the Fair Work Act or the Fair Work (Registered Organisations) Act in relation to an industrial dispute in so far as that industrial dispute resulted from:
(a) an act done by a non - registered association or by persons who are members of a non - registered association; or
(b) an act done by an employer in relation to a non - registered association or in relation to persons who are members of a non - registered association.
(5) Nothing in this section prevents FWA from exercising powers under the Fair Work Act and the Fair Work (Registered Organisations) Act in relation to an industrial dispute in so far as that industrial dispute involves members of an association of employees that is an organisation within the meaning of the Fair Work (Registered Organisations) Act who are also members of a non-registered association.