Wow... so your advice is to get new lawyers. Amazing.
The only change from 2011 is the State of registration. None of the other factors have changed that were referred to in para 48 of the joint judgement. Do you really think the rego is going to change the judgement?
Gambling with taking your EBA and giving it to a 3rd party is risky. The case law on arbitrated EBAs, and indeed applications to terminate EBAs, doesn't give me a lot of comfort in going there as an employee.