Fair Work (Registered Organisations) Regulations 2009

For paragraph 158A(1)(e) of the Act, the matter that is prescribed is that the association of employers or employees actively represents the class or classes of employers or employees to which the extension of eligibility rules will apply.

An employer association is taken to actively represent a class of employers only if:

the association is engaged in at least one of the following activities in relation to the class of employers:

recruitment activity;

representing employers in negotiations with employees;

representing employers in industrial bodies; and

the class of employers is covered by the association’s eligibility rules.

An employee association is taken to actively represent a class of employees only if:

the association is engaged in at least one of the following activities in relation to the class of employees:

organising and recruitment activity;

representing employees in negotiations with employers;

representing employees in industrial bodies;

obtaining and maintaining award conditions;

collective bargaining; and

the class of employees is covered by the association’s eligibility rules.

Despite subregulation (3), an employee association is taken not to actively represent a class of employees if the association is subject to a representation order, a State demarcation order or a demarcation undertaking or agreement (however described) in relation to that class of employees, in favour of another organisation or association.