Fair Work (Registered Organisations) Act 2009

It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.

Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.

The standards set out in this Act:

ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and

encourage members to participate in the affairs of organisations to which they belong; and

encourage the efficient management of organisations and high standards of accountability of organisations to their members; and

provide for the democratic functioning and control of organisations; and

facilitate the registration of a diverse range of employer and employee organisations.

It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.

Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.

The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.

This Act binds the Crown in each of its capacities.

However, this Act does not make the Crown liable to be prosecuted for an offence.

Schedule 1 is about transitionally recognised associations.

Schedule 2 is about recognised State‑registered associations.

Schedule 3 is about applications for withdrawal from the CFMEU.

In this Act, office, in relation to an organisation or a branch of an organisation means:

an office of president, vice president, secretary or assistant secretary of the organisation or branch; or

the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:

the management of the affairs of the organisation or branch;

the determination of policy for the organisation or branch;

the making, alteration or rescission of rules of the organisation or branch;

the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or

an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:

existing policy of the organisation or branch; or

decisions concerning the organisation or branch; or

an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or

the office of a person holding (whether as trustee or otherwise) property:

of the organisation or branch; or

in which the organisation or branch has a beneficial interest.

In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.

For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.

For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:

an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:

substantially the same eligibility rules as the association; and

a history of integrated operation with the association; or

if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).

An entity controlled by an organisation is a related party of the organisation, unless:

the entity is a branch, sub‑branch, division or subdivision of the organisation; or

the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.

The following persons are related parties of an organisation:

officers of the organisation;

spouses of the persons referred to in paragraph (a).

Relatives of persons referred to in subsection (2) are related parties of the organisation.

An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.

An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.

An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.

An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.

This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.

For the purposes of this Act, a person is taken to have forged a document if the person:

makes a document which is false, knowing it to be false; or

without authority, alters a genuine document in a material particular;

the false or altered document may be used, acted on, or accepted, as genuine, to the prejudice of another person; or

another person may, in the belief that it is genuine, be induced to do or refrain from doing an act.

For the purposes of this Act, if a person:

makes a document which is false, knowing it to be false; or

without authority, alters a genuine document in a material particular;

to the prejudice of another person; or

with the result that another person would be induced to do or refrain from doing an act;

For the purposes of this Act, a person is taken to utter a forged document if the person:

uses or deals with it; or

attempts to use or deal with it; or

attempts to induce another person to use, deal with, act upon, or accept it.