Industrial Relations Act 2016

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

the applicant has employer members;

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 effectively represents its employer members in a way that is consistent with the objects of this Act;

each member of the applicant who is not an employer—

is an officer of the applicant; or

was an employer on becoming a member; or

carries on a business;

the applicant’s members have, in total, employed a monthly average of at least 20 employees in the 6 months before the application was made.

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