Industrial Relations Act 2016

The commission may, by order, approve an amendment to an eligibility rule only if satisfied—

the amendment has been proposed under the organisation’s rules; and

there is no organisation to which persons to whom the amendment would apply could conveniently belong that would effectively represent them in a way consistent with the objects of this Act.

The commission may refuse to approve an amendment to an eligibility rule if satisfied—

the amendment—

would contravene an agreement or understanding to which the organisation is a party; and

deals with the organisation’s right to represent; or

the amendment—

would change the effect of a full bench order under section 479 about the organisation’s right to represent; and

would give rise to a serious risk of a demarcation dispute that would prevent or restrict the performance of work in an industry, or harm an employer’s business.

Subsection (2) does not limit the grounds on which approval may be refused.

Approval may be given wholly or in part.

In this section—

right to represent, of an organisation, means a right of the organisation to represent the industrial interests of a particular class or group of persons.