Commonwealth Consolidated Acts

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 141

  (1)   The rules of an organisation:

  (a)   must specify the purposes for which the organisation is formed and the conditions of eligibility for membership; and

  (b)   must provide for:

  (i)   the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and

  (ii)   the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and

  (iia)   the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and

  (iii)   the removal of holders of offices in the organisation and its branches; and

  (iv)   the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and

  (v)   the manner in which documents may be executed by or on behalf of the organisation; and

  (vi)   the manner of notifying the FWC of industrial disputes; and

  (vii)   the times when, and the terms on which, persons become or cease (otherwise than by resignation) to be members; and

  (viii)   the resignation of members under section   174; and

  (ix)   the manner in which the property of the organisation is to be controlled and its funds invested; and

  (x)   the yearly or other more frequent audit of the accounts; and

  (xi)   the conditions under which funds may be spent; and

  (xii)   the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and

  (xiii)   the manner in which its rules may be altered; and

  (c)   may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:

  (i)   misappropriation of the funds of the organisation; or

  (ii)   a substantial breach of the rules of the organisation; or

  (iii)   gross misbehaviour or gross neglect of duty;

    or has ceased, under the rules of the organisation, to be eligible to hold the office; and

  (ca)   must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and

  (d)   must require the organisation to inform applicants for membership, in writing, of:

  (i)   the financial obligations arising from membership; and

  (ii)   the circumstances, and the manner, in which a member may resign from the organisation.

Note 1:   Section   166 deals with entitlement to membership of organisations.

Note 2:   See also section   179 (liability for arrears).

  (2)   The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.

  (3)   The rules of an organisation may also provide for any other matter.

  (4)   In this section:

"committee" , in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph   (1)(b) of the definition of office in section   9.