The Full Court held that an association which is an enterprise association (because a majority of its members work in the same enterprise) but is not a federally registrable enterprise association under s 18C, may nonetheless apply for registration as a federally registrable association of employees under s 18B and be assessed against the registration criteria in s 19(1). The parenthetical exclusion of 'enterprise association' in s 19(1) is qualified by the words 'that, under section 18, may apply for registration as an organisation', meaning only federally registrable enterprise associations are carved out from s 19. The Court also rejected the intervener's contention (based on Lawler) that s 18C(1) refers to an association's rules rather than its actual membership, holding that the current statutory text and the introduction of s 171A distinguish the present scheme from that considered in Lawler.
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