Fair Work (Registered Organisations) Act 2009

A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.

The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).

A notice of resignation from membership of an organisation takes effect:

where the member ceases to be eligible to become a member of the organisation:

on the day on which the notice is received by the organisation; or

on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;

in any other case:

at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or

on the day specified in the notice;

Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.

A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.

A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).

A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.

Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).