Commonwealth Numbered Acts

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BUILDING INDUSTRY ACT 1985 No. 92 of 1985 - SECT 10

Commission may allocate coverage of Federation work to other organizations
10. (1) If, after the making by the Commission of a declaration referred to in
sub-section 9 (1), the Minister certifies in writing that the Minister does
not propose to make any orders under section 9 in consequence of that
declaration in respect of a particular part of Australia, the Commission may,
subject to this section, upon application by an organization of employees or
by the Minister, make a declaration that this section applies in relation to
an organization of employees specified in the order (whether or not the
organization that made the application) in respect of work, in that part of
Australia, in an industry in respect of which the Federation is or has been
registered under the Conciliation and Arbitration Act and, where the
Commission makes such a declaration, it shall cause the declaration to be
recorded in writing.

(2) The Commission may make different declarations under sub-section (1) in
respect of different organizations of employees in respect of different kinds
or classes of work.

(3) The Commission is not entitled to make a declaration under sub-section (1)
in respect of an organization of employees in respect of a kind or class of
work unless the Commission is satisfied that-

   (a)  under the rules of that organization, employees who are employed in
        work of that kind or class are not eligible for membership of that
        organization;

   (b)  that organization consents to the making by the Commission of the
        declaration; and

   (c)  the Commission considers that it is desirable that those employees be
        eligible for membership of that organization to ensure that the
        objects of the Conciliation and Arbitration Act are achieved and that
        those employees will be effectively represented for the purposes of
        that Act.

(4) Where the Commission makes a declaration under sub-section (1) in respect
of an organization of employees-

   (a)  the Registrar shall forthwith determine the alterations that need to
        be made to the rules of that organization to make the employees
        concerned eligible for membership of that organization and shall
        record the alterations so determined in the register, and upon the
        certificate of registration, under the Conciliation and Arbitration
        Act; and

   (b)  when those alterations are so recorded, those rules shall be deemed to
        be altered accordingly.

(5) A declaration made under sub-section (1) after the cancellation of the
registration of the Federation under section 5 continues in force
notwithstanding that the Federation again becomes registered under the
Conciliation and Arbitration Act. 


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