Commonwealth Numbered Acts

BUILDING INDUSTRY ACT 1985 No. 92 of 1985 - SECT 9

9. (1) Where the Commission makes a declaration under section 4 or under
sub-section 5 (9), the Minister may, by order in writing, declare that this
section applies in relation to an organization of employees specified in the
order in respect of work, in a part or parts of Australia specified in the
order, in an industry in respect of which the Federation is or has been
registered under the Conciliation and Arbitration Act.

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

(3) Where-

   (a)  an order is made under sub-section (1) in relation to an organization
        of employees;

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

   (c)  that organization consents to the making by the Minister of a
        declaration under this sub-section in respect of that organization,
        the Minister may, by order in writing, declare that it is desirable
        that those employees be eligible for membership of that organization
        and, if such an order is made-

   (d)  the Registrar shall forthwith determine the alterations that need to
        be made to those rules in order to make those employees 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

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

(4) The Minister shall not make an order under this section unless the
Minister is of the opinion that it is desirable to make the order having
regard to the public interest in securing the prevention and settlement by
conciliation and arbitration of industrial disputes extending beyond the
limits of any one State or in maintaining peace, order and good government in
a Territory.

(5) An order made under this section 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.