(1) If the application is for registration as an employer organisation, the commission must also be satisfied of the following—(a) the applicant has employer members;(b) either—(i) there is no organisation to which the applicant’s members might belong; or(ii) there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;(c) the applicant effectively represents its employer members in a way that is consistent with the objects of this Act;(d) each member of the applicant who is not an employer—(i) is an officer of the applicant; or(ii) was an employer on becoming a member; or(iii) carries on a business;(e) the applicant’s members have, in total, employed a monthly average of at least 20 employees in the 6 months before the application was made.
(2) Despite subsection (1) (e) , the commission may grant the application if satisfied special circumstances justify the applicant’s registration.