Fair Work (Registered Organisations) Act 2009

If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.

The application must be accompanied by:

a statement of the special circumstances that exist in relation to the organisation; and

particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and

evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.

If the General Manager is satisfied, on application by an organisation under subsection (1):

that special circumstances exist in relation to the organisation; and

that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and

that the proposed alternative disclosure arrangement:

complies with and is not contrary to this Act (other than section 293G); and

is not otherwise contrary to law;

If the General Manager makes the order under subsection (3):

the order must set out the alternative disclosure arrangement; and

the alternative disclosure arrangement takes effect when the General Manager makes the order; and

compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.

The order remains in force until the earlier of:

the day the order is revoked under subsection (6); and

the day 5 years after the day the order was made.

The General Manager may revoke the order if the General Manager:

either:

is no longer satisfied of a matter referred to in paragraph (3)(a), (b) or (c); or

is satisfied that the organisation has contravened the alternative disclosure arrangement set out in the order; and

has given the organisation an opportunity, as prescribed, to show cause why the order should not be revoked.

Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).

Subsection 604(1) of the Fair Work Act provides for appeals from certain decisions of the General Manager.

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.

An order under subsection (3) is not a legislative instrument.