Industrial Relations Act 2016

This section applies if at the hearing of the application a ground on which the proceedings are based is an industrial conduct ground.

The full bench must make a deregistration order if it—

finds the ground has been made out; and

does not consider the deregistration of the organisation unjust, after considering—

the significance of the circumstances forming the ground; and

the action taken by or against the organisation about the ground.

However, if the full bench finds the industrial conduct ground is made out entirely or mainly because of conduct by a section or class of the organisation’s membership, it may instead of making a deregistration order—

order amendments of the organisation’s eligibility rules to exclude persons from the section or class from membership eligibility; or

exclude a stated person from the organisation’s membership.

A deregistration order may also prohibit the deregistered organisation from applying for registration before a stated day.