Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This regulation applies to bargaining agents for making an AWA, an employee collective agreement and an employer greenfields agreement (an agreement ).
(2) For paragraph 418 (b) of the Act, a person is excluded from being appointed or holding an appointment as a bargaining agent for an agreement if the person:
(a) has been appointed as the bargaining agent for the other party to the agreement; or
(b) is bankrupt or is applying to take the benefit of any law for the relief of a bankrupt or insolvent debtor; or
(c) has not attained the age of 18 years.
(3) For paragraph 418 (b) of the Act, if, before or after the commencement of this regulation, a person:
(a) has been convicted of an offence against a Commonwealth, State or Territory law punishable by imprisonment for 1 year or longer; or
(b) has been convicted of an offence against a Commonwealth, State or Territory law that involves dishonesty and is punishable by imprisonment for 6 months or longer; or
(c) has been the subject of an order by a Court or the Federal Magistrates Court in relation to a civil remedy provision in connection with the negotiation of:
(i) a workplace agreement (whether or not as a bargaining agent); or
(ii) a State agreement under a State law; or
(d) has been convicted of an offence under the Act or the Criminal Code ;
that person is excluded from being appointed or holding an appointment as a bargaining agent within the period of 5 years after the date of conviction, the date of the order, or, if the person was sentenced to imprisonment, after release from prison.
Note The Criminal Code is set out in the Criminal Code Act 1995 .
(4) A person who is excluded from being appointed or holding an appointment as a bargaining agent under subregulation (2) or (3) may apply to a court for leave to hold an appointment as a bargaining agent.
(5) When granting leave under this regulation, the court may impose any conditions or restrictions that it thinks fit.
(6) The court may at any time, on the application of the Employment Advocate, revoke leave granted by the court under this regulation.
(7) It is a condition of the appointment of an organisation, or any other incorporated body, as a bargaining agent that each individual who carries out the functions of a bargaining agent on its behalf is, at all material times, a person who is not excluded by the preceding provisions of this regulation from being a bargaining agent.