FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009

Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009

TABLE OF PROVISIONS

Long Title

CHAPTER 1--Preliminary

1. Short title
2. Commencement
5. Parliament's intention in enacting this Act
5A. Act binds Crown
5B. Schedule 1 has effect
5C. Schedule 2 has effect
5D. Schedule 3 has effect
6. Definitions
7. Relationships
9. Meaning of office
9A. Meaning of federal counterpart
9B. Meaning of related party
10. Forging and uttering
11. Actions and opinions of AEC
12. Membership of organisations
13. Additional function of the FWC
15. Disapplication of Part 2.5 of Criminal Code
16. Contravening an offence provision or a civil penalty provision

CHAPTER 2--Registration and cancellation of registration

PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

17. Simplified outline

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
18D. Constitutional validity

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
26. Registration
26A. Validation of registration
27. Incorporation

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.
31. Cancellation to be recorded
32. Consequences of cancellation of registration

PART 4--FWC----POWERS UNDER THIS CHAPTER

33. Powers exercisable by President, a Vice President or a Deputy President

CHAPTER 3--Amalgamation and withdrawal from amalgamation

PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

34. Simplified outline

PART 2--AMALGAMATION--OF ORGANISATIONS

Division 1--General

35. Definitions
36. Procedure to be followed for proposed amalgamation etc.
37. Exercise of the FWC's powers under this Part

Division 2--Preliminary matters

38. Federations
39. Use of resources to support proposed amalgamation

Division 3--Commencement of amalgamation procedure

40. Scheme for amalgamation
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
48. Lodging "yes" case

Division 4--Role of AEC

49. Ballots to be conducted by AEC
50. Notification of 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
55. Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.
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
59. Roll of voters for ballot
60. "Yes" case and "no" case for amalgamation
61. Alteration and amendment of scheme
62. Outline of scheme for amalgamation
63. Exemption from ballot
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
68. Post - ballot report by AEC
69. Inquiries into irregularities
70. Approval of amalgamation
71. Expenses of ballot
72. Offences in relation to ballot

Division 6--Amalgamation taking effect

73. Action to be taken after ballot
74. Assets and liabilities of de - registered organisation become assets and liabilities of amalgamated organisation
75. Resignation from membership
76. Effect of amalgamation on modern awards, orders and enterprise agreements
77. Effect of amalgamation on agreement under section 151
78. Instruments
79. Pending proceedings
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
86. Other matters
87. Federal Court may resolve difficulties

Division 7--Validation

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 1--General

92. Object of Part
93. Definitions etc.

Division 2--Ballots for withdrawal from amalgamated organisations

94. Applications to the FWC for ballots
95. Outline of proposed withdrawal
96. Filing the "yes" case
97. Filing the "no" case
98. Provisions relating to outlines and statements of "yes" and "no" cases
99. Notifying of applications for ballots
100. Orders for ballots
101. Financial members only eligible to vote
102. Conduct of ballots
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
107. Post - ballot report by AEC
108. Inquiries into irregularities
108A. Powers of the FWC 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 the FWC, modern awards etc. made before withdrawal
113A. Enterprise agreements made after withdrawal
114. Effect of withdrawal on agreement under section 151
115. Instruments
116. Pending proceedings
117. Division applies despite laws and agreements prohibiting transfer etc.
118. Amalgamated organisation, constituent part and newly registered organisation to take necessary steps
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
124. Other matters
125. Federal Court may resolve difficulties

Division 4--Validation

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

Division 5--Miscellaneous

130. Certain actions etc. not to constitute breach of rules of amalgamated organisation
131. Amalgamated organisation not to penalise members etc.

CHAPTER 4--Representation orders

PART 1--SIMPLIFIED--OUTLINE

132. 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 the FWC
136. Order may be subject to limits
137. Organisation must comply with order

PART 3--REPRESENTATION--ORDERS FOR WORKPLACE GROUPS

137A. Orders about representation rights of organisations of employees
137B. Factors to be taken into account by the FWC
137C. Submissions by peak councils
137D. Order may be subject to limits
137E. Organisation must comply with order

PART 4--MISCELLANEOUS

137F. FWC may make orders reflecting State representation orders
138. Exercise of the FWC's powers under this Chapter
138A. Representation rights of former State - registered associations

CHAPTER 5--Rules of organisations

PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

139. Simplified outline

PART 2--RULES--OF ORGANISATIONS

Division 1--General

140. Organisations to have rules
141. Rules of organisations
142. General requirements for rules
142A. Model rules for policies relating to expenditure

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

Division 4--Other rules

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

150. Definitions
151. Membership agreements
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

154A. Branch autonomy
154B. Branch funds

Subdivision C--Miscellaneous

155. Exercise of the FWC's powers under this Division

Division 5--Alteration of rules and evidence of rules

156. General Manager may determine alterations of rules
157. FWC 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
160. Certain alterations of rules to be recorded
161. Evidence of rules
162. Powers of the FWC

PART 3--VALIDITY--AND PERFORMANCE OF RULES ETC

163. Rules contravening section 142
164. Directions for performance of rules
164A. Directions to rectify breach of rule of organisation
164B. Orders under sections 164 and 164A

CHAPTER 6--Membership of organisations

PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

165. Simplified outline

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
169. Request by member for statement of membership
170. Rectification of register of members

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
173. No entrance fee if person re - joins within 6 months
174. Resignation from membership

PART 4--FALSE--INFORMATION, DISPUTES AND ARREARS OF DUES

175. False representation as to membership of organisation
176. False representation about resignation from organisation
177. Disputes between organisations and members
178. Recovery of arrears
179. Liability for arrears

PART 5--CONSCIENTIOUS--OBJECTION TO MEMBERSHIP

180. Conscientious objection to membership of organisations

CHAPTER 7--Democratic control

PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

181. Simplified outline

PART 2--CONDUCT--OF ELECTIONS FOR OFFICE AND OTHER POSITIONS

182. Conduct by AEC
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
196. Death of candidate
197. Post - election report by AEC
198. Organisation to respond to adverse report on rules
199. Ballot papers etc. to be preserved

PART 3--INQUIRIES--INTO ELECTIONS FOR OFFICE

200. Application for inquiry
201. Instituting of inquiry
202. Federal Court may authorise General Manager to take certain action
203. Identity cards
204. Interim orders
205. Procedure at hearing
206. Action by Federal Court
207. General Manager to make arrangements for conduct of elections etc.
208. Enforcement of orders
209. Validity of certain acts etc. where election declared void

PART 4--DISQUALIFICATION--FROM OFFICE

Division 1--Simplified outline of Part

210. Simplified outline

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
218. Federal Court to have regard to certain matters
219. Action by Federal Court
220. Part not to affect spent convictions scheme

CHAPTER 8--Records and accounts

PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

229. Simplified outline

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 the FWC
234. Storage of records
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

Division 1--Preliminary

238. Simplified outline
239. Part only applies to financial years starting after registration
240. Financial years--change in financial year
241. Exemptions from certain Australian Accounting Standards

Division 2--Reporting units

242. What is a reporting unit?
243. Designated officers
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

255. Reporting guidelines

Division 4--Auditors

Subdivision A--Registration of auditors

255A. Applications may be made for registration as an auditor
255B. Registration by General Manager
255C. Circumstances in which a person meets educational etc. requirements
255D. General Manager must give an opportunity to be heard before refusal and written notice of decision
255E. Refusal to grant an application for registration
255F. General Manager must give certificate of registration
255G. Cancellation and suspension of registration--general
255H. Cancellation and suspension of registration--person no longer a registered company auditor
255J. Written notice to be given of cancellation or suspension of registration
255K. Registered auditors to advise of material changes in circumstance etc.
255L. General Manager may request further information
255M. Basis of registration
255N. Regulations

Subdivision B--Audits

256. Auditors of reporting units
256A. Limited term to play significant role in audit of a reporting unit
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
263. Removal of auditor
264. Resignation of auditor

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 the FWC

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
275. Ancillary orders
276. Disclosure of information acquired in inspection
277. Reporting unit or committee of management may allow member to inspect books
278. FWC to be advised of breaches of Part or rules etc. found during inspection
279. Constitution of the FWC

PART 4--ACCESS--TO ORGANISATIONS' BOOKS

280. Right of access to organisation's books

CHAPTER 9--Conduct of officers and employees

PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

281. Simplified outline

PART 2--GENERAL--DUTIES IN RELATION TO THE FINANCIAL MANAGEMENT OF ORGANISATIONS

Division 1--Preliminary

282. Simplified outline
283. Part only applies in relation to financial management
284. Meaning of involved

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
290A. Good faith, use of position and use of information--criminal offences
291. Interaction of sections 285 to 289 and 290A with other laws etc.
292. Reliance on information or advice provided by others
293. Responsibility for actions of other person

PART 2A--DISCLOSURE--OBLIGATIONS

Division 1--Preliminary

293A. Simplified outline

Division 2--Disclosure obligations and restrictions on taking part in making decisions

293B. Disclosure of remuneration paid to officers
293BA. Immediate disclosure
293BB. Standing disclosure of remuneration
293BC. Disclosure of certain remuneration and benefits by organisations and branches
293C. Disclosure of material personal interests of officers
293D. Officer may give members of committee of management standing notice about an interest
293E. Interaction of section 293C and 293D with other laws
293F. Restrictions on taking part in making decisions
293G. Disclosure of payments made by an organisation or a branch
293H. Section 293G--order for alternative disclosure arrangement

Division 3--Officer and related party disclosure statements

293J. Officer and related party disclosure statements

Division 4--Training in relation to financial duties

293K. Officers to undertake approved training
293L. Approved training
293M. General Manager may grant exemption from financial training

PART 3--GENERAL--DUTIES IN RELATION TO ORDERS AND DIRECTIONS

Division 1--Preliminary

294. Simplified outline
295. Meaning of involved
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
303A. Application of this Division

CHAPTER 10--Compliance and enforcement

PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

304. Simplified outline

PART 2--CIVIL--PENALTIES

305. Civil penalty provisions
306. Pecuniary penalty orders that the Federal Court may make
307. Compensation orders
307A. Disqualification orders
308. Other orders
309. Effect of section 307
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
316. Power to grant relief

PART 3--INFRINGEMENT--NOTICES

316A. Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act
316B. Infringement officers

PART 4--ENFORCEABLE--UNDERTAKINGS

316C. Enforceable undertakings

CHAPTER 11--Miscellaneous

PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

317. Simplified outline

PART 2--VALIDATING--PROVISIONS FOR ORGANISATIONS

318. Definition
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
323. Federal Court may order reconstitution of branch etc.

PART 2A--ADMINISTRATION--OF THE CONSTRUCTION AND GENERAL DIVISION OF THE CFMEU AND ITS BRANCHES

Division 1--Scheme for administration

323A. Construction and General Division and its branches are placed under administration
323B. Scheme for the administration of the Construction and General Division and its branches
323C. Appointment etc. of administrator
323D. Variation and revocation of scheme
323E. 5 year sunset
323F. Scheme etc. has effect despite this Act etc.
323G. Actions under scheme
323H. Alteration of rules under scheme
323HA. Complaints procedure
323J. Costs of administration
323K. Functions of administrator
323L. Provision of assistance to administrator
323M. Administrator's remuneration etc.

Division 2--Persons removed from office etc. as a result of scheme for administration

323MA. Application of this Division
323MB. Removed person must not become an officer or employee etc. in organisation without a certificate
323MC. Certificate to hold office
323MD. Certificate to be employed or engaged by an organisation
323ME. Division not to affect spent convictions scheme

Division 3--Other matters relating to the administration

323N. Administrator not liable to civil proceedings for actions in good faith etc.
323P. Anti - avoidance provision
323Q. Involvement in contravention treated in same way as actual contravention
323R. Section 604 of the Fair Work Act does not apply to decisions made for the purposes of this Part
323S. Compensation for acquisition of property
323T. Reporting by administrator

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
328. Powers of Federal Court not affected

Division 2--Costs

329. Costs only where proceeding instituted vexatiously etc.

PART 3A--FUNCTIONS--OF GENERAL MANAGER

329A. Functions of the General Manager
329C. Minister may require reports
329D. Annual report

PART 3B--INFORMATION--SHARING

329G. When information may be disclosed

PART 4--INQUIRIES--AND INVESTIGATIONS

Division 1--Inquiries

330. General Manager may make inquiries

Division 2--Investigations

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
335. Conduct of investigations
335B. Investigations to be completed as soon as practicable

Division 3--Questioning on oath or affirmation

335C. When this Division applies
335D. Requirements made of attendee
335E. Questioning to take place in private
335F. Attendee's lawyer
335G. Record of statements
335H. Copies given subject to conditions

Division 4--Powers in relation to documents

335K. Application for warrant to seize documents
335L. Grant of warrant
335M. Execution of warrant
335N. Powers in relation to documents produced or seized
335P. Powers if documents not produced
335Q. Power to require person to identify property of an organisation

Division 5--Action following investigations

336. Action in relation to reporting units

Division 6--Offences

337. Offences in relation to investigation by General Manager
337AA. Strict liability offences
337AB. Obstructing person acting under this Part
337AC. Concealing documents relevant to investigation
337AD. Self - incrimination
337AE. Legal professional privilege

Division 7--Evidentiary use of certain material

337AF. Statements made on oath or affirmation during an investigation--proceedings against attendee
337AG. Statements made on oath or affirmation during an investigation--other proceedings
337AH. Weight of evidence admitted under section 337AG
337AJ. Objection to admission of statements made on oath or affirmation during an investigation
337AK. Copies of, or extracts from, certain documents
337AL. Material otherwise admissible

Division 8--Miscellaneous

337AM. Evidence of authority
337AN. Application of Evidence Act
337AP. Allowances and expenses
337AQ. Compliance with Part

PART 4A--PROTECTION--FOR WHISTLEBLOWERS

Division 1--Protected disclosures

337A. Disclosures qualifying for protection under this Part

Division 2--Protections

337B. Disclosure that qualifies for protection not actionable etc.
337BA. What constitutes taking a reprisal
337BB. Civil remedies
337BC. Costs only if proceedings instituted vexatiously etc.
337BD. Civil penalties
337BE. Criminal offences
337BF. Interaction between civil remedies, civil penalties and criminal offences
337BG. Protections have effect despite other Commonwealth laws

Division 3--Investigation of protected disclosures

337C. Allocation of handling of disclosure
337CA. Investigation of disclosure
337CB. Time limit for investigations under this Division
337CC. Regulations in relation to allocation and investigation
337CD. Disclosure to enforcement agencies
337CE. Protection of witnesses etc.

Division 4--Miscellaneous

337D. Reference to this Part
337DA. Liability for acts and omissions
337DB. Concurrent operation of State and Territory laws
337DC. Law relating to legal professional privilege not affected
337DD. Other investigative powers etc. not affected

PART 4B--FUNCTIONS--AND POWERS OF THE FWC

337F. Powers of inspection
337G. Parties to proceedings
337H. Kinds of orders
337J. Relief not limited to claim
337K. Publishing orders

PART 5--JURISDICTION--OF THE FEDERAL COURT OF AUSTRALIA

338. Conferring jurisdiction on the Federal Court
339. Exclusive jurisdiction
339A. Exercising jurisdiction in the Fair Work Division of the Federal Court
340. Exercise of Court's original jurisdiction
341. Reference of proceedings to Full Court
342. Appeal to the Court from certain judgments

PART 6--OTHER

343. Delegation by Minister
343A. Delegation by General Manager
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
353A. Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)
354. Proceedings by and against unincorporated clubs
355. Inspection of documents etc.
356. Trade secrets etc. tendered as evidence
357. Application of penalty
358. Enforcement of penalties etc.
359. Regulations

PART 7--COMPLEMENTARY--REGISTRATION SYSTEMS

Division 1--Application of this Part

360. Complementary registration systems

Division 2--Preliminary

361. Definitions

Division 3--Branch rules

362. Branch funds
363. Obligations of the FWC in relation to application under section 158
364. Branch autonomy
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

Division 5--Exercise of the FWC's powers

368. Exercise of the FWC's powers under this Part
SCHEDULE 1 Transitionally recognised associations
SCHEDULE 2 Recognised State-registered associations
SCHEDULE 3 Applications for withdrawal from the CFMEU

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback