114ARepresentation rights of former State‑registered association subject to demarcation order—transitional recognition without demarcation order and no previous order under Chapter 4 of the Act (section 138A)

#### 114A Representation rights of former State‑registered association subject to demarcation order—transitional recognition without demarcation order and no previous order under Chapter 4 of the Act (section 138A) (1) For subsection 138A(1) of the Act, this regulation explains the way in which Chapter 4 of the Act applies in relation to an organisation if: (a) immediately before the reform commencement: (i) it was a State‑registered association; and (ii) a State demarcation order was in force in relation to it; and (b) it became a transitionally recognised association; and (c) no demarcation order of a kind similar to the State demarcation order was made in relation to the organisation: (i) while it was a transitionally recognised association; or (ii) under section 133 of the Act. (2) Chapter 4 applies in relation to the organisation as if the Chapter: (a) required the FWC to make an order to the same effect as the State demarcation order mentioned in subparagraph (1)(a)(ii); and (b) permitted the FWC: (i) to make orders under that Chapter about the representation rights of the association without the existence of a demarcation dispute; and (ii) to disregard any requirement in that Chapter to have regard to: (A) the existence of a demarcation dispute; or (B) any matter relating to the existence of a demarcation dispute. (3) The order: (a) may be made with changes from the text of the State demarcation order mentioned in subparagraph (1)(a)(ii) that the FWC considers necessary to reflect the language and content of the Fair Work Act and the Act; and (b) must be the same in substance as the State demarcation order mentioned in subparagraph (1)(a)(ii); and (c) may be subject to conditions or limitations. (4) For subregulation (2), sections 134, 135 and 138 of the Act are taken not to apply in relation to the organisation.