Industrial Relations Act 2016

If the application is for registration as an employee organisation, the commission must also be satisfied of the following—

the applicant is free from control by, or improper influence from—

an employer; or

an employer organisation; or

another entity that represents the interests of employers or has members who are employers;

either—

there is no organisation to which the applicant’s members might belong; or

there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;

the applicant has at least 20 members who are employees;

the application was made—

within 12 months after the applicant gained its 20th member who is an employee; or

within 4 weeks after the applicant gained its 100th member who is an employee;

the applicant’s members who are not employees are—

officers of the applicant; or

independent contractors who, if they were employees performing work of the kind that they usually perform as independent contractors, would be employees eligible for membership of the applicant;

the applicant is not the subject of an order made under section 483B;

the applicant is free from control by, or improper influence from—

an entity the subject of an order made under section 483B; or

an officer, member or employee of an entity mentioned in subparagraph (i).

Despite subsection (1)(c), (d) or (e), the commission may grant the application if satisfied special circumstances justify the applicant’s registration.