Industrial Relations Act 2016

The commission may grant the application only if satisfied of the following—

the applicant exists to further or protect its members’ interests;

the applicant would, if registered, comply with the obligations of an organisation under this chapter and would not contravene chapter 8;

the rules the applicant proposes to have as an organisation—

comply with parts 3 and 4; and

are not contrary to this Act or another law;

the applicant’s name—

is not the same as an organisation’s name or so similar to an organisation’s name as to be likely to cause confusion; and

will, if the applicant is registered, comply with section 612;

the applicant does not have an officer—

who is the subject of an order made under section 483D; or

against whom a civil penalty order was made in the previous 5 years; or

who was an officer of a cancelled incorporated association;

the applicant is free from control by, or improper influence from, a person who was an officer of a cancelled incorporated association;

registration of the applicant would not be inconsistent with the objects of this Act.

For subsection (1)(e)(iii) and (f), a person was an officer of a cancelled incorporated association if—

the incorporation of an incorporated association was cancelled—

under the Associations Incorporation Act 1981, section 93B; and

in the previous 5 years; and

the person was an officer of the incorporated association immediately before its incorporation was cancelled.

For subsection (1)(g), the commission must consider whether recent conduct by the applicant or its members would have been an industrial conduct ground under part 16 if the applicant had been registered when the conduct happened.