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Fair Work (Registered Organisations) Act 2009
As at 3 March 2010
Chapter 1—Preliminary
Chapter 2—Registration and cancellation of registration
Part 1—Simplified outline of Chapter
Part 2—Registration
Division 1—Types of associations that may apply for registration
18 Employer and employee associations may apply
18A Federally registrable employer associations
18B Federally registrable employee associations
18C Federally registrable enterprise associations
Division 2—Registration criteria
19 Criteria for registration of associations other than enterprise associations
20 Criteria for registration of enterprise associations
Division 3—Prohibited conduct in relation to formation or registration of employee
associations
21 Prohibited conduct—employers
22 Prohibited conduct—organisations
23 Powers of Federal Court in relation to prohibited conduct
24 Certain actions considered to be done by organisation or employer
Division 4—Registration process
25 Applicant for registration may change its name or alter its rules
Part 3—Cancellation of registration
28 Application for cancellation of registration
29 Orders where cancellation of registration deferred
30 Cancellation of registration on technical grounds etc.
Part 4—FWA’s powers under this Chapter
Chapter 3—Amalgamation and withdrawal from amalgamation
Part 1—Simplified outline of Chapter
Part 2—Amalgamation of organisations
36 Procedure to be followed for proposed amalgamation etc.
37 Exercise of FWA’s powers under this Part
Division 2—Preliminary
matters
39 Use of resources to support proposed amalgamation
Division 3—Commencement of amalgamation procedure
41 Alternative scheme for amalgamation
42 Approval by committee of management
43 Community of interest declaration
44 Application for approval for submission of amalgamation to ballot
45 Holding office after amalgamation
46 Application for exemption from ballot
47 Application for ballot not conducted under section 65
49 Ballots to be conducted by AEC
51 Providing information etc. to electoral officials
52 Declaration by secretary etc. of organisation
Division 5—Procedure for approval of amalgamation
53 Fixing hearing in relation to amalgamation etc.
54 Submissions at amalgamation hearings
56 Objections in relation to amalgamation involving extension of eligibility rules etc.
57 Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.
58 Fixing commencing and closing days of ballot
60 “Yes” case and “no” case for amalgamation
61 Alteration and amendment of scheme
62 Outline of scheme for amalgamation
64 Approval for ballot not conducted under section 65
65 Secret postal ballot of members
66 Determination of approval of amalgamation by members
67 Further ballot if amalgamation not approved
69 Inquiries into irregularities
72 Offences in relation to ballot
Division 6—Amalgamation taking
effect
73 Action to be taken after ballot
75 Resignation from membership
76 Effect of amalgamation on modern awards, orders and enterprise agreements
77 Effect of amalgamation on agreement under section 151
80 Division applies despite laws and agreements prohibiting transfer etc.
81 Amalgamated organisation to take steps necessary to carry out amalgamation
82 Certificates in relation to land and interests in land
83 Certificates in relation to charges
84 Certificates in relation to shares etc.
85 Certificates in relation to other assets
87 Federal Court may resolve difficulties
88 Validation of certain acts done in good faith
89 Validation of certain acts after 4 years
90 Orders affecting application of section 88 or 89
91 Federal Court may make orders in relation to consequences of invalidity
Part 3—Withdrawal from amalgamations
Division 2—Ballots for withdrawal from
amalgamated organisations
94 Applications to FWA for ballots
95 Outline of proposed withdrawal
98 Provisions relating to outlines and statements of “yes” and “no” cases
99 Notifying of applications for ballots
101 Financial members only eligible to vote
103 Providing information etc. to electoral officials
104 Declaration by secretary etc. of organisation
105 Offences in relation to ballots
106 Certificate showing particulars of the ballot
108 Inquiries into irregularities
108A Powers of FWA to be exercised by President or Full Bench
Division 3—Giving effect to
ballots
109 Determining the day of withdrawal
110 Registration of constituent part
111 Choice of organisation following withdrawal of separately identifiable constituent part
112 Members of amalgamated organisation may join newly registered organisation
113 Orders of FWA, modern awards etc. made before withdrawal
113A Enterprise agreements made after withdrawal
114 Effect of withdrawal on agreement under section 151
117 Division applies despite laws and agreements prohibiting transfer etc.
119 Certificates in relation to land and interests in land
120 Certificates in relation to charges
121 Certificates in relation to shares etc.
122 Certificates in relation to other assets
123 Holding office after withdrawal
125 Federal Court may resolve difficulties
126 Validation of certain acts done in good faith
127 Validation of certain acts after 4 years
128 Orders affecting application of section 126 or 127
129 Federal Court may make orders in relation to consequences of invalidity
130 Certain actions etc. not to constitute breach of rules of amalgamated organisation
Chapter 4—Representation orders
Part 1—Simplified outline
Part 2—Representation orders
133 Orders about representation rights of organisations of employees
134 Preconditions for making of orders
135 Factors to be taken into account by FWA
Part 3—Representation orders for workplace groups
137A Orders about representation rights of organisations of employees
137B Factors to be taken into account by FWA
137C Submissions by peak councils
Part 4—Miscellaneous
137F FWA may make orders reflecting State representation orders
138 Exercise of FWA’s powers under this Chapter
138A Representation rights of former State-registered associations
Chapter 5—Rules of organisations
Part 1—Simplified outline of Chapter
Part 2—Rules of organisations
140 Organisations to have rules
142 General requirements for rules
Division 2—Rules relating to elections
for office
143 Rules to provide for elections for offices
144 Rules to provide for elections for office by secret postal ballot
145 Rules to provide for terms of office
146 Rules may provide for filling of casual vacancies
147 Model rules for conduct of elections
Division 3—Rules relating to conduct of officers and employees
148 Model rules about conduct of officers and employees
Subdivision A—Loans, grants and donations
149 Rules to provide conditions for loans, grants and donations by organisations
Subdivision B—Agreements between organisations and State unions
152 Assets and liabilities agreements
153 Party to section 152 agreement may apply to Federal Court for orders
154 Termination of section 152 agreement
Subdivision BA—Branches of organisations
155 Exercise of FWA’s powers under this Division
Division 5—Alteration of rules and
evidence of rules
156 General Manager may determine alterations of rules
157 FWA may determine alteration of rules where there has been a breach of an undertaking
158 Change of name or alteration of eligibility rules of organisation
158A Alteration of eligibility rules of organisation by General Manager
159 Alteration of other rules of organisation
Part 3—Validity and performance of rules etc
163 Rules contravening section 142
164 Directions for performance of rules
Chapter 6—Membership of organisations
Part 1—Simplified outline of Chapter
Part 2—Entitlement to membership
166 Entitlement to become and to remain a member
167 Federal Court may declare on person’s entitlement to membership
168 Application for membership of organisation by person treated as having been a member
Part 3—Termination of membership
171 Federal Court may order that persons cease to be members of organisations
171A Cessation of membership if member is not an employee etc.
172 Non-financial members to be removed from the register
Part 4—False information, disputes and arrears of dues
175 False representation as to membership of organisation
176 False representation about resignation from organisation
Part 5—Conscientious objection to membership
Chapter 7—Democratic control
Part 1—Simplified outline of Chapter
Part 2—Conduct of elections for office and other positions
183 Application for organisation or branch to conduct its elections for office
184 Objections to application to conduct elections for office
185 Threats etc. in relation to section 184 objections
186 General Manager may permit organisation or branch to conduct its elections for office
187 Organisation may ask AEC to conduct elections for positions other than offices
188 Declaration envelopes etc. to be used for postal ballots
189 General Manager to arrange for conduct of elections
190 Organisation or branch must not assist one candidate over another
191 Organisation to provide returning officer with copy of register
192 Declaration by secretary etc. of organisation
193 Provisions applicable to elections conducted by AEC
194 Hindering or obstructing electoral official or other person
195 Improper interference with election process
197 Post-election report by AEC
Part 3—Inquiries into elections for office
202 Federal Court may authorise General Manager to take certain action
207 General Manager to make arrangements for conduct of elections etc.
209 Validity of certain acts etc. where election declared void
Part 4—Disqualification from office
Division 1—Simplified outline of
Part
Division 2—Persons who have been convicted of a prescribed offence
211 Simplified outline of Division
212 Meaning of prescribed offence
213 Meaning of convicted of a prescribed offence
213A Meaning of exclusion period and reduced exclusion period
214 Certificate of registrar etc. is evidence of facts
215 Certain persons disqualified from holding office in organisations
216 Application for leave to hold office in organisations by prospective candidate for office
217 Application for leave to hold office in organisations by office holder
Chapter 8—Records and accounts
Part 1—Simplified outline of Chapter
Part 2—Records to be kept and lodged by organisations
230 Records to be kept and lodged by organisations
231 Certain records to be held for 7 years
232 Offence to interfere with register or copy
233 Obligation to lodge information with FWA
235 General Manager may authorise access to certain records
236 General Manager may direct organisation to deliver copy of records
237 Organisations to notify particulars of loans, grants and donations
Part 3—Accounts and audit
239 Part only applies to financial years starting after registration
240 Financial years—change in financial year
241 Exemptions from certain Australian Accounting Standards
244 Members, staff and journals etc. of reporting units
245 Determination of reporting units
246 Determination of reporting units—application by organisation
247 Determination of reporting units—General Manager initiative
248 Determination of reporting units—years certificate applies to
249 Determination of reporting units—revocation of certificates
250 Determination of reporting units—rule alterations
251 Determination of reporting units—later certificate revokes earlier certificate
Division 3—Accounting
obligations
Subdivision A—General obligations
252 Reporting unit to keep proper financial records
253 Reporting unit to prepare general purpose financial report
254 Reporting unit to prepare operating report
Subdivision B—Reporting guidelines
256 Auditors of reporting units
257 Powers and duties of auditors
258 Obstruction etc. of auditors
259 Reporting unit to forward notices etc. to auditor
260 Auditor entitled to attend meetings at which report presented
261 Auditors and other persons to enjoy qualified privilege in certain circumstances
262 Fees and expenses of auditors
Division 5—Reporting
requirements
265 Copies of full report or concise report to be provided to members
266 Full report to be presented to meetings
267 Comments by committee members not to be false or misleading
268 Reports etc. to be lodged with FWA
Division 6—Reduced reporting requirements for particular reporting units
269 Reporting units with substantial common membership with State registered bodies
270 Organisations with income of less than certain amount
271 Exemption from this Part of certain reporting units
Division 7—Members’ access to financial records
272 Information to be provided to members or General Manager
273 Order for inspection of financial records
274 Frivolous or vexatious applications
276 Disclosure of information acquired in inspection
277 Reporting unit or committee of management may allow member to inspect books
278 FWA to be advised of breaches of Part or rules etc. found during inspection
Part 4—Access to organisations’ books
Chapter 9—Conduct of officers and employees
Part 1—Simplified outline of Chapter
Part 2—General duties in relation to the financial management of organisations
283 Part only applies in relation to financial management
Division 2—General duties in relation to the financial management of
organisations
285 Care and diligence—civil obligation only
286 Good faith—civil obligations
287 Use of position—civil obligations
288 Use of information—civil obligations
289 Effect of ratification by members
290 Compliance with statutory duties
291 Interaction of sections 285 to 289 with other laws etc.
Part 3—General duties in relation to orders and directions
296 Application to officers and employees of branches
Division 2—General duties in relation to orders and directions
297 Order or direction applying to organisation—civil obligation
298 Prohibition order or direction applying to organisation—civil obligation
299 Order or direction applying to officer—civil obligation
300 Prohibition order or direction applying to officer—civil obligation
301 Order or direction applying to employee—civil obligation
302 Prohibition order or direction applying to employee—civil obligation
303 Order or direction applying to member of organisation—civil obligation
Chapter 10—Civil penalties
Part 1—Simplified outline of Chapter
Part 2—Civil consequences of contravening civil penalty provisions
306 Pecuniary penalty orders that the Federal Court may make
310 Who may apply for an order
311 Civil proceedings after criminal proceedings
312 Criminal proceedings during civil proceedings
313 Criminal proceedings after civil proceedings
314 Evidence given in proceedings for penalty not admissible in criminal proceedings
315 Relief from liability for contravention of civil penalty provision
Chapter 11—Miscellaneous
Part 1—Simplified outline of Chapter
Part 2—Validating provisions for organisations
319 Validation of certain acts done in good faith
320 Validation of certain acts after 4 years
321 Order affecting application of section 319 or 320
322 Federal Court may make orders in relation to consequences of invalidity
Part 3—Financial assistance and costs
Division 1—Financial
assistance
324 Authorisation of financial assistance
325 Federal Court may certify that application was reasonable
326 Applications under sections 163, 164, 164A and 167
327 Fees for 2 counsel not normally to be paid
Part 4—Inquiries and investigations
330 General Manager may make inquiries
331 General Manager may conduct investigations
332 Investigations arising from auditor’s report
333 Investigations arising from request from members
334 Investigations arising from referral under section 278
336 Action following an investigation
337 Offences in relation to investigation by General Manager
Part 4A—Protection for whistleblowers
337A Disclosures qualifying for protection under this Part
337B Disclosure that qualifies for protection not actionable etc.
Part 4B—Functions and powers of FWA
Part 5—Jurisdiction of the Federal Court of Australia
338 Conferring jurisdiction on the Federal Court
339A Exercising jurisdiction in the Fair Work Division of the Federal Court
340 Exercise of Court’s original jurisdiction
Part 6—Other
343A Delegation by General Manager to staff
344 Conduct by officers, directors, employees or agents
345 Right to participate in ballots
346 Requests by members for information concerning elections and certain ballots
347 Providing copy of rules or list of offices etc. on request by member
348 Certificate as to membership of organisation
349 List of officers to be evidence
350 Unauthorised collection of money
351 No imprisonment in default
351A Minister’s entitlement to intervene
352 Jurisdiction of courts limited as to area
353 Public sector employer to act through employing authority
354 Proceedings by and against unincorporated clubs
355 Inspection of documents etc.
356 Trade secrets etc. tendered as evidence
Part 7—Complementary registration systems
Division 1—Application of this
Part
360 Complementary registration systems
363 Obligations of FWA in relation to application under section 158
365 Organisation may participate in State systems
Division 4—Amalgamation of organisation and associated body
366 Organisation and associated body may amalgamate
367 Procedure for amalgamation
