Fair Work (Registered Organisations) Act 2009

The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.

If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.

The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).

The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.

The FWC must not give such a direction to the General Manager unless the FWC is satisfied that the agreement:

is not contrary to:

Parliament’s intention in enacting this Act (see section 5); or

any object of this Act or the Fair Work Act; or

any subsisting order made by the FWC relating to the organisation’s eligibility rules; or

any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and

was entered into only for the purpose of:

overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or

encouraging and facilitating an amalgamation between the organisation and another organisation of employees.

An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).

If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).

If it appears to the FWC:

of its own motion; or

on application by an interested person;

If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.

The General Manager must as soon as practicable:

give notice of the termination to each party to the agreement; and

enter particulars of the termination in the register kept under subsection 13(1).

If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.

If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).

The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.