Fair Work (Registered Organisations) Act 2009 (Cth)

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Fair Work (Registered Organisations) Act 2009

No. 86, 1988

Compilation No. 88

Compilation date: 23 August 2024

Includes amendments: Act No. 74, 2024

Registered: 23 August 2024

About this compilation

This compilation

This is a compilation of the Fair Work (Registered Organisations) Act 2009 that shows the text of the law as amended and in force on 23 August 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act relating to registered organisations, and for other purposes

Chapter 1Preliminary 1Short title

This Act may be cited as the Fair Work (Registered Organisations) Act 2009.

2Commencement

This Act commences on a day or days to be fixed by Proclamation.

5Parliament’s intention in enacting this Act
  1. (1)

    It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.

  2. (2)

    Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.

  3. (3)

    The standards set out in this Act:

    1. (a)

      ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and

    2. (b)

      encourage members to participate in the affairs of organisations to which they belong; and

    3. (c)

      encourage the efficient management of organisations and high standards of accountability of organisations to their members; and

    4. (d)

      provide for the democratic functioning and control of organisations; and

    5. (e)

      facilitate the registration of a diverse range of employer and employee organisations.

  4. (4)

    It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.

  5. (5)

    Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.

    Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.

5AAct binds Crown
  1. (1)

    This Act binds the Crown in each of its capacities.

  2. (2)

    However, this Act does not make the Crown liable to be prosecuted for an offence.

5BSchedule 1 has effect

Schedule 1 has effect.

Note: Schedule 1 is about transitionally recognised associations.

5CSchedule 2 has effect

Schedule 2 has effect.

Note: Schedule 2 is about recognised State‑registered associations.

5DSchedule 3 has effect

Schedule 3 has effect.

Note: Schedule 3 is about applications for withdrawal from the CFMEU.

6Definitions

In this Act, unless the contrary intention appears:

administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).

AEC means the Australian Electoral Commission.

Note: Section 11 is also relevant to this definition.

applies:

  1. (a)

    in relation to a modern award, has the same meaning as in section 47 of the Fair Work Act; and

  2. (b)

    in relation to an enterprise agreement, has the same meaning as in section 52 of the Fair Work Act.

auditor, in relation to a reporting unit, means:

  1. (a)

    if an individual holds the position of auditor of the reporting unit under section 256—the individual; or

  2. (b)

    if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or

  3. (c)

    if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.

Australian Accounting Standards means the accounting standards:

  1. (a)

    issued by the Australian Accounting Standards Board; or

  2. (b)

    issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;

as in force, or applicable, from time to time, as modified by regulations made for the purpose of this definition.

Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.

authorised official means any of the following:

  1. (b)

    the General Manager;

  2. (c)

    an FWC Member;

  3. (e)

    the Fair Work Ombudsman (within the meaning of the Fair Work Act).

breach includes non‑observance.

CFMEU has the meaning given by clause 1 of Schedule 3.

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

civil penalty provision has the meaning given by subsection 305(2).

collective body means:

  1. (a)

    in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and

  2. (b)

    in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.

collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:

  1. (a)

    persons elected at the last preceding stage; or

  2. (b)

    persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.

committee of management:

  1. (a)

    in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and

  2. (b)

    in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.

Commonwealth authority means:

  1. (a)

    a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or

  2. (b)

    a body corporate:

    1. (i)

      incorporated under a law of the Commonwealth or a State or Territory; and

    2. (ii)

      in which the Commonwealth has a controlling interest.

conduct includes being (whether directly or indirectly) a party to, or concerned in, the conduct.

constitutional corporation means:

  1. (a)

    a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or

  2. (b)

    a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or

  3. (c)

    a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or

  4. (d)

    a body corporate that is incorporated in a Territory; or

  5. (e)

    a Commonwealth authority.

Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.

control has the same meaning as in the Corporations Act 2001.

covers:

  1. (a)

    in relation to a modern award, has the same meaning as in section 48 of the Fair Work Act; and

  2. (b)

    in relation to an enterprise agreement, has the same meaning as in section 53 of the Fair Work Act.

declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.

de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.

demarcation dispute includes:

  1. (a)

    a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or

  2. (b)

    a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or

  3. (c)

    a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.

Deputy President means a Deputy President of the FWC.

designated publication restriction has the same meaning as in the Public Interest Disclosure Act 2013.

detriment, in Part 4A of Chapter 11, has the meaning given by subsection 337BA(2).

directions contravention means a contravention of one of the following:

  1. (a)

    subsection 297(2) or (3);

  2. (b)

    subsection 298(2) or (3);

  3. (c)

    subsection 299(2) or (3);

  4. (d)

    subsection 300(2) or (3);

  5. (e)

    subsection 301(2) or (3);

  6. (f)

    subsection 302(2) or (3);

  7. (g)

    subsection 303(2).

direct voting system, in relation to an election for an office in an organisation, means a method of election at which:

  1. (a)

    all financial members; or

  2. (b)

    all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;

are, subject to reasonable provisions in relation to enrolment, eligible to vote.

disclosable conduct means an act or omission that:

  1. (a)

    contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or

  2. (b)

    constitutes, or may constitute, an offence against a law of the Commonwealth.

Electoral Commissioner has the same meaning as in the Commonwealth Electoral Act 1918.

electoral official means an Australian Electoral Officer or a member of the staff of the AEC.

eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.

employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.

employer has its ordinary meaning, and includes:

  1. (a)

    a person who is usually such an employer; and

  2. (b)

    an unincorporated club.

employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.

enterprise means:

  1. (a)

    a business that is carried on by a single employer; or

  2. (b)

    a business that is carried on by related bodies corporate, at least one of which is an employer; or

  3. (c)

    an operationally distinct part of a business mentioned in paragraph (a) or (b); or

  4. (d)

    a grouping of 2 or more operationally distinct parts of a business mentioned in paragraph (a) or (b).

Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.

enterprise agreement has the same meaning as in the Fair Work Act.

enterprise association has the meaning given by subsection 18C(1).

entity has the same meaning as in Chapter 2E of the Corporations Act 2001.

evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

excluded auditor, in relation to a reporting unit, means:

  1. (a)

    an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or

  2. (b)

    a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or

  3. (c)

    a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or

  4. (d)

    a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or

  5. (e)

    a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or

  6. (f)

    a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.

For the purposes of this definition, employee has the same meaning as in Part 3 of Chapter 8.

exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

Fair Work Act means the Fair Work Act 2009 and includes regulations made under that Act.

federal counterpart has the meaning given by section 9A.

Federal Court means the Federal Court of Australia.

federally registrable:

  1. (a)

    in relation to an association of employers—has the meaning given by section 18A; and

  2. (b)

    in relation to an association of employees—has the meaning given by section 18B; and

  3. (c)

    in relation to an enterprise association—has the meaning given by section 18C.

federal system employee means:

  1. (a)

    a national system employee within the meaning of section 13 of the Fair Work Act; or

  2. (c)

    an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).

federal system employer means a national system employer within the meaning of section 14 of the Fair Work Act.

financial records includes the following to the extent that they relate to finances or financial administration:

  1. (a)

    a register;

  2. (b)

    any other record of information;

  3. (c)

    financial reports or financial records, however compiled, recorded or stored;

  4. (d)

    a document.

financial year, in relation to an organisation, means:

  1. (a)

    the period of 12 months commencing on 1 July in any year; or

  2. (b)

    if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.

Note: Section 240 provides for a different financial year in special circumstances.

Full Bench has the same meaning as in the Fair Work Act.

FWC means the Fair Work Commission.

FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).

General Manager means the General Manager of the FWC.

general purpose financial report means the report prepared in accordance with section 253.

independent contractor is confined to a natural person.

industrial action has the same meaning as in the Fair Work Act.

irregularity, in relation to an election or ballot, includes:

  1. (a)

    a breach of the rules of an organisation or branch of an organisation; and

  2. (b)

    an act or omission by means of which:

    1. (i)

      the full and free recording of votes by all persons entitled to record votes and by no other persons; or

    2. (ii)

      a correct ascertainment or declaration of the results of the voting;

is, or is attempted to be, prevented or hindered; and

  1. (c)

    a contravention of section 190.

lawyer has the meaning given by section 12 of the Fair Work Act.

modern award has the same meaning as in the Fair Work Act.

non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.

office has the meaning given by section 9.

officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).

officer and related party disclosure statement has the meaning given by subsection 293J(3).

one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.

operating report means the report prepared under section 254.

organisation means an organisation registered under this Act.

Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).

parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

peak council has the same meaning as in the Fair Work Act.

plays a significant role has the meaning given by subsection 256A(4).

postal ballot means a ballot for the purposes of which:

  1. (a)

    a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and

  2. (b)

    facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.

prescribed includes prescribed by procedural rules of the FWC made under section 609 of the Fair Work Act.

President means the President of the FWC.

proceeding means:

  1. (a)

    a proceeding in a court; or

  2. (b)

    a proceeding or hearing before, or an examination by or before, a tribunal;

whether the proceeding, hearing or examination is of a civil, administrative, criminal, disciplinary or other nature.

protected industrial action has the same meaning as in the Fair Work Act.

public sector employment has the same meaning as in the Fair Work Act.

recognised State‑registered association means a State‑registered association that is recognised under Schedule 2.

registered auditor means a person who is registered as an auditor under subsection 255B(2) or (3).

registered company auditor means a person registered as an auditor under Part 9.2 of the Corporations Act 2001.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

related party has the meaning given by section 9B.

relative, in relation to a person, means:

  1. (a)

    a parent, step‑parent, child, stepchild, grandparent, grandchild, brother or sister of the person; or

  2. (b)

    the spouse of the first‑mentioned person.

removed person has the meaning given by section 323MA.

remuneration:

  1. (a)

    includes pay, wages, salary, fees, allowances, leave, benefits or other entitlements; but

  2. (b)

    does not include a non‑cash benefit.

reporting guidelines mean the guidelines issued under section 255.

reporting unit has the meaning given by section 242.

serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:

  1. (a)

    materially prejudices the interests of the organisation or branch, or the members of the organisation or branch; or

  2. (b)

    materially prejudices the ability of the organisation or branch to pay its creditors; or

  3. (c)

    is serious.

spouse of a person includes a de facto partner of the person.

State award means an award, order, decision or determination of a State industrial authority.

State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.

State industrial authority means:

  1. (a)

    a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or

  2. (b)

    a special board constituted under a State Act relating to factories; or

  3. (c)

    any other State board, court, tribunal, body or official prescribed for the purposes of this definition.

State or Territory industrial law has the same meaning as in the Fair Work Act.

State‑registered association has the meaning given by clause 1 of Schedule 1.

stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.

step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.

superannuation entity has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

takes a reprisal has the meaning given by section 337BA.

this Act includes regulations made under this Act.

transitionally recognised association means a State‑registered association that is recognised under Schedule 1.

Vice President means a Vice President of the FWC.

vocational placement has the same meaning as in the Fair Work Act.

workplace group means a class or group of employees, all of whom perform work:

  1. (a)

    for the same employer; or

  2. (b)

    at the same premises or workplace; or

  3. (c)

    for the same employer and at the same premises or workplace.

7Relationships

For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.

9Meaning of office
  1. (1)

    In this Act, office, in relation to an organisation or a branch of an organisation means:

    1. (a)

      an office of president, vice president, secretary or assistant secretary of the organisation or branch; or

    2. (b)

      the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:

      1. (i)

        the management of the affairs of the organisation or branch;

      2. (ii)

        the determination of policy for the organisation or branch;

      3. (iii)

        the making, alteration or rescission of rules of the organisation or branch;

      4. (iv)

        the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or

    3. (c)

      an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:

      1. (i)

        existing policy of the organisation or branch; or

      2. (ii)

        decisions concerning the organisation or branch; or

    4. (d)

      an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or

    5. (e)

      the office of a person holding (whether as trustee or otherwise) property:

      1. (i)

        of the organisation or branch; or

      2. (ii)

        in which the organisation or branch has a beneficial interest.

  2. (2)

    In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.

9AMeaning of federal counterpart
  1. (1)

    For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.

  2. (2)

    For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:

    1. (a)

      an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:

      1. (i)

        substantially the same eligibility rules as the association; and

      2. (ii)

        a history of integrated operation with the association; or

    2. (b)

      if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).

9BMeaning of related party

Control

  1. (1)

    An entity controlled by an organisation is a related party of the organisation, unless:

    1. (a)

      the entity is a branch, sub‑branch, division or subdivision of the organisation; or

    2. (b)

      the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.

Officers and their spouses

  1. (2)

    The following persons are related parties of an organisation:

    1. (a)

      officers of the organisation;

    2. (b)

      spouses of the persons referred to in paragraph (a).

Relatives of officers and spouses

  1. (3)

    Relatives of persons referred to in subsection (2) are related parties of the organisation.

Entities controlled by other related parties

  1. (4)

    An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.

Related party in previous 6 months

  1. (5)

    An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.

Entity has reasonable grounds to believe it will become related party in future

  1. (6)

    An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.

Acting in concert with related party

  1. (7)

    An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.

Application to branches of organisations

  1. (8)

    This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.

10Forging and uttering

Forging

  1. (1)

    For the purposes of this Act, a person is taken to have forged a document if the person:

    1. (a)

      makes a document which is false, knowing it to be false; or

    2. (b)

      without authority, alters a genuine document in a material particular;

with intent that:

  1. (c)

    the false or altered document may be used, acted on, or accepted, as genuine, to the prejudice of another person; or

  2. (d)

    another person may, in the belief that it is genuine, be induced to do or refrain from doing an act.

  1. (2)

    For the purposes of this Act, if a person:

    1. (a)

      makes a document which is false, knowing it to be false; or

    2. (b)

      without authority, alters a genuine document in a material particular;

with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:

  1. (c)

    to the prejudice of another person; or

  2. (d)

    with the result that another person would be induced to do or refrain from doing an act;

the first‑mentioned person is taken to have forged the document.

Uttering

  1. (3)

    For the purposes of this Act, a person is taken to utter a forged document if the person:

    1. (a)

      uses or deals with it; or

    2. (b)

      attempts to use or deal with it; or

    3. (c)

      attempts to induce another person to use, deal with, act upon, or accept it.

11Actions and opinions of AEC
  1. (1)

    In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:

    1. (a)

      an electoral official; or

    2. (b)

      a person authorised on behalf of the AEC to do so.

  2. (2)

    In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.

12Membership of organisations

In this Act, unless the contrary intention appears, a reference to:

  1. (a)

    a person who is eligible to become a member of an organisation; or

  2. (b)

    a person who is eligible for membership of an organisation;

includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).

13Additional function of the FWC
  1. (1)

    The functions of the FWC include keeping a register of organisations.

    Note: Other functions of the FWC are set out in section 576 of the Fair Work Act.

  2. (2)

    Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.

15Disapplication of Part 2.5 of Criminal Code

Part 2.5 of the Criminal Code does not apply to offences against this Act.

Note 1: Section 6 defines this Act to include the regulations.

Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.

16Contravening an offence provision or a civil penalty provision
  1. (1)

    This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.

  2. (2)

    For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.

Chapter 2Registration and cancellation of registrationPart 1Simplified outline of Chapter 17Simplified outline

This Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.

This Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).

Part 2RegistrationDivision 1Types of associations that may apply for registration18Employer and employee associations may apply

Any of the following associations may apply for registration as an organisation:

  1. (a)

    a federally registrable association of employers;

  2. (b)

    a federally registrable association of employees;

  3. (c)

    a federally registrable enterprise association.

18AFederally registrable employer associations
  1. (1)

    An association of employers is federally registrable if:

    1. (a)

      it is a constitutional corporation; or

    2. (b)

      some or all of its members are federal system employers.

  2. (3)

    An association of employers is not federally registrable if it has a member who is not one of the following:

    1. (a)

      an employer;

    2. (b)

      a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;

    3. (c)

      a person (other than an employee) who carries on business;

    4. (d)

      an officer of the association.

  3. (4)

    An association of employers is not federally registrable if:

    1. (a)

      it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and

    2. (b)

      it is not the case that some or all of the association’s members are federal system employers.

18BFederally registrable employee associations
  1. (1)

    An association of employees is federally registrable if:

    1. (a)

      it is a constitutional corporation; or

    2. (b)

      some or all of its members are federal system employees.

  2. (3)

    An association of employees is not federally registrable if it has a member who is not one of the following:

    1. (a)

      an employee;

    2. (b)

      a person specified in subsection (4);

    3. (c)

      an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;

    4. (d)

      an officer of the association.

  3. (4)

    The persons specified for the purpose of paragraph (3)(b) are persons (other than employees) who:

    1. (a)

      are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or

    2. (b)

      are employees for the purposes of the Industrial Relations Act 1999 of Queensland; or

    3. (c)

      are employees for the purposes of the Industrial Relations Act 1979 of Western Australia; or

    4. (d)

      are employees for the purposes of the Industrial and Employee Relations Act 1994 of South Australia .

  4. (5)

    An association of employees is not federally registrable if:

    1. (a)

      it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and

    2. (b)

      it is not the case that some or all of the association’s members are federal system employees.

18CFederally registrable enterprise associations
  1. (1)

    An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.

  2. (2)

    An enterprise association is federally registrable if:

    1. (a)

      it is a constitutional corporation; or

    2. (b)

      some or all of its members are federal system employees; or

    3. (c)

      the employer or employers in relation to the relevant enterprise are constitutional corporations; or

    4. (d)

      the relevant enterprise operates principally within or from a Territory; or

    5. (e)

      the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or

    6. (f)

      the relevant enterprise is engaged principally in trade or commerce among the States; or

    7. (g)

      the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or

    8. (h)

      the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or

    9. (i)

      the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or

    10. (j)

      the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or

    11. (k)

      the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria .

  3. (3)

    An enterprise association is not federally registrable if it has a member who is not one of the following:

    1. (a)

      an employee performing work in the relevant enterprise;

    2. (b)

      a person specified in subsection (4) performing work in the enterprise;

    3. (c)

      an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:

      1. (i)

        an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and

      2. (ii)

        an employee who would be eligible for membership of the association;

    4. (d)

      an officer of the association.

  4. (4)

    The persons specified for the purpose of paragraph (3)(b) are persons (other than employees) who:

    1. (a)

      are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or

    2. (b)

      are employees for the purposes of the Industrial Relations Act 1999 of Queensland; or

    3. (c)

      are employees for the purposes of the Industrial Relations Act 1979 of Western Australia; or

    4. (d)

      are employees for the purposes of the Industrial and Employee Relations Act 1994 of South Australia .

  5. (5)

    An enterprise association is not federally registrable if:

    1. (a)

      it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and

    2. (b)

      it does not satisfy paragraphs (b) to (k) of subsection (2).

18DConstitutional validity

Associations of employers

  1. (1)

    If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:

    1. (a)

      a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;

that definition applies as if it did not include a reference to that class of employers.

  1. (2)

    If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:

    1. (a)

      federal system employers;

    2. (b)

      persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;

    3. (c)

      officers of the association;

then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.

Associations of employees

  1. (3)

    If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:

    1. (a)

      a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;

the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.

  1. (3A)

    If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:

    1. (a)

      a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;

that definition applies as if it did not include a reference to that class of employees.

  1. (4)

    If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:

    1. (a)

      federal system employees;

    2. (b)

      persons specified in subsection 18B(4);

    3. (c)

      officers of the association;

then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.

Enterprise associations

  1. (5)

    If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:

    1. (a)

      federal system employees performing work in the relevant enterprise;

    2. (b)

      persons specified in subsection 18C(4);

    3. (c)

      officers of the association;

then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.

Division 2Registration criteria19Criteria for registration of associations other than enterprise associations
  1. (1)

    The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:

    1. (a)

      the association:

      1. (i)

        is a genuine association of a kind referred to in paragraph 18(a) or (b); and

      2. (ii)

        is an association for furthering or protecting the interests of its members; and

    2. (b)

      in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and

    3. (c)

      in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and

    4. (d)

      in the case of an association of employees—the association has at least 50 members who are employees; and

    5. (e)

      the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and

    6. (f)

      the rules of the association make provision as required by this Act to be made by the rules of organisations; and

    7. (g)

      the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and

    8. (h)

      a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and

    9. (i)

      the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and

    10. (j)

      subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:

      1. (i)

        to which the members of the association could more conveniently belong; and

      2. (ii)

        that would more effectively represent those members.

  2. (2)

    If:

    1. (a)

      there is an organisation to which the members of the association might belong; and

    2. (b)

      the members of the association could more conveniently belong to the organisation; and

    3. (c)

      the organisation would more effectively represent those members than the association would;

the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.

  1. (3)

    Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.

  2. (4)

    In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.

  3. (5)

    The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.

20Criteria for registration of enterprise associations
  1. (1)

    The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:

    1. (a)

      the association:

      1. (i)

        is a genuine association of a kind referred to in paragraph 18(c); and

      2. (ii)

        is an association for furthering or protecting the interests of its members; and

    2. (b)

      the association is free from control by, or improper influence from:

      1. (i)

        any employer, whether at the enterprise in question or otherwise; or

      2. (ii)

        any person or body with an interest in that enterprise; or

      3. (iii)

        any organisation, or any other association of employers or employees; and

    3. (c)

      the association has at least 20 members who are employees; and

    4. (d)

      the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and

    5. (e)

      the rules of the association make provision as required by this Act to be made by the rules of organisations; and

    6. (f)

      the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and

    7. (g)

      the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and

    8. (h)

      a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and

    9. (i)

      the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.

  2. (1A)

    For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.

    Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.

  3. (2)

    In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.

Division 3Prohibited conduct in relation to formation or registration of employee associations21Prohibited conduct – employers
  1. (1)

    An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:

    1. (a)

      dismiss an employee;

    2. (b)

      injure an employee in his or her employment;

    3. (c)

      alter the position of an employee to the employee’s prejudice;

    4. (d)

      discriminate against an employee.

  2. (2)

    A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:

    1. (a)

      terminate a contract for services that he or she has entered into with an independent contractor;

    2. (b)

      injure an independent contractor in relation to the terms and conditions of the contract for services;

    3. (c)

      alter the position of an independent contractor to the independent contractor’s prejudice;

    4. (d)

      discriminate against an independent contractor.

  3. (3)

    Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:

    1. (a)

      under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or

    2. (b)

      in connection with, or in preparation for, such an act or omission.

  4. (4)

    The following are examples of acts or omissions to which subsection (3) applies:

    1. (a)

      making an application for registration of an employee association under paragraph 18(b) or (c);

    2. (b)

      supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);

    3. (c)

      participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;

    4. (d)

      not participating, or encouraging a person not to participate, in such proceedings;

    5. (e)

      becoming a member, or encouraging a person to become a member, of an employee association.

22Prohibited conduct – organisations
  1. (1)

    An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.

  2. (2)

    An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.

  3. (3)

    Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:

    1. (a)

      under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or

    2. (b)

      in connection with, or in preparation for, such an act or omission.

  4. (4)

    The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.

  5. (5)

    An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).

23Powers of Federal Court in relation to prohibited conduct
  1. (1)

    The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:

    1. (a)

      an order imposing on a person whose conduct contravenes that section a penalty of not more than:

      1. (i)

        in the case of a body corporate—100 penalty units; or

      2. (ii)

        in any other case—20 penalty units;

    2. (b)

      an order requiring the person not to carry out a threat made by the person, or not to make any further threat;

    3. (c)

      injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;

    4. (d)

      any other consequential orders.

  2. (2)

    An application for an order under subsection (1) may be made by:

    1. (a)

      a person against whom the conduct is being, has been, or is threatened to be, taken; or

    2. (b)

      any other person prescribed by the regulations.

24Certain actions considered to be done by organisation or employer
  1. (1)

    For the purposes of this Division:

    1. (a)

      action done by one of the following bodies or persons is taken to have been done by an organisation:

      1. (i)

        the committee of management of the organisation;

      2. (ii)

        an officer or agent of the organisation acting in that capacity;

      3. (iii)

        a member or group of members of the organisation acting under the rules of the organisation;

      4. (iv)

        a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and

    2. (b)

      action done by an agent of an employer acting in that capacity is taken to have been done by the employer.

  2. (2)

    Subparagraphs (1)(a)(iii) and (iv) and paragraph (1)(b) do not apply if:

    1. (a)

      in relation to subparagraphs (1)(a)(iii) and (iv):

      1. (i)

        a committee of management of the organisation; or

      2. (ii)

        a person authorised by the committee; or

      3. (iii)

        an officer of the organisation;

    has taken reasonable steps to prevent the action; or

    1. (b)

      in relation to paragraph (1)(b), the employer has taken reasonable steps to prevent the action.

  3. (3)

    In this section:

officer, in relation to an organisation, includes:

  1. (a)

    a delegate or other representative of the organisation; and

  2. (b)

    an employee of the organisation.

Division 4Registration process25Applicant for registration may change its name or alter its rules
  1. (1)

    The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:

    1. (a)

      to enable it to comply with this Act; or

    2. (b)

      to remove a ground of objection taken by an objector under the regulations or by the FWC; or

    3. (c)

      to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).

    Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).

  2. (2)

    An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.

  3. (3)

    Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:

    1. (a)

      in spite of anything in the other rules of the association; and

    2. (b)

      subject to any further alterations lawfully made.

26Registration
  1. (1)

    When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.

  2. (2)

    An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).

  3. (3)

    On registration, an association becomes an organisation.

  4. (4)

    The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.

    Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).

  5. (5)

    The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.

  6. (6)

    The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.

26AValidation of registration

If:

  1. (a)

    an association was purportedly registered as an organisation under this Act before the commencement of this section; and

  2. (b)

    the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;

that registration is taken, for all purposes, to be valid and to have always been valid.

27Incorporation

An organisation:

  1. (a)

    is a body corporate; and

  2. (b)

    has perpetual succession; and

  3. (c)

    has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and

  4. (d)

    must have a common seal; and

  5. (e)

    may sue or be sued in its registered name.

Part 3Cancellation of registration 28Application for cancellation of registration
  1. (1)

    An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:

    1. (a)

      the conduct of:

      1. (i)

        the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or

      2. (ii)

        a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);

    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or

    1. (b)

      the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:

      1. (i)

        the activities of a federal system employer; or

      2. (ii)

        the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or

    2. (c)

      the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or

    3. (d)

      the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:

      1. (i)

        an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or

      2. (ii)

        an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or

      3. (iv)

        an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or

      4. (v)

        an order made under section 23 (which deals with contraventions of the employee associations provisions); or

      5. (vi)

        an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).

  2. (1A)

    The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.

    Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.

  3. (2)

    An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.

  4. (3)

    If the Court:

    1. (a)

      finds that a ground for cancellation set out in the application has been established; and

    2. (b)

      does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;

the Court must, subject to subsection (4) and section 29, cancel the registration of the organisation.

  1. (4)

    If:

    1. (a)

      the Court finds that a ground for cancellation set out in the application has been established; and

    2. (b)

      that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;

the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:

  1. (c)

    determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or

  2. (d)

    where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.

  1. (5)

    If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.

  2. (6)

    An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.

  3. (7)

    A finding of fact in proceedings:

    1. (a)

      under section 23 or subsection 131(2) of this Act; or

    2. (b)

      under Division 4 of Part 3‑3 or Part 4‑1 of the Fair Work Act; or

    3. (c)

      under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act;

is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(d).

29Orders where cancellation of registration deferred
  1. (1)

    If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.

  2. (2)

    The powers that may be exercised by the Court, by order, under subsection (1) are as follows:

    1. (a)

      the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;

    2. (b)

      the power to give directions as to the exercise of any rights, privileges or capacities that have been suspended;

    3. (c)

      the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.

  3. (3)

    If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:

    1. (a)

      the orders made in the exercise of the power cease to be in force; or

    2. (b)

      on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;

whichever is earlier.

  1. (4)

    An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.

  2. (5)

    An order made in the exercise of a power set out in subsection (2):

    1. (a)

      may be revoked by the Court, by order, on application by a party to the proceeding concerned; and

    2. (b)

      unless sooner revoked, ceases to be in force:

      1. (i)

        6 months after it came into force; or

      2. (ii)

        such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.

30Cancellation of registration on technical grounds etc.
  1. (1)

    The FWC may cancel the registration of an organisation:

    1. (a)

      on application by the organisation made under the regulations; or

    2. (b)

      on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:

      1. (i)

        was registered by mistake; or

      2. (ii)

        is no longer effectively representative of the members who are employers or employees, as the case requires; or

      3. (iii)

        is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or

      4. (iv)

        subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or

    3. (c)

      on the FWC’s own motion, if:

      1. (i)

        the FWC has satisfied itself, as prescribed, that the organisation is defunct; or

      2. (ii)

        the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or

      3. (iii)

        the organisation is an enterprise association and has fewer than 20 members who are employees; or

      4. (iv)

        the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or

      5. (v)

        the organisation is not, or is no longer, a federally registrable association.

  2. (2)

    Before the FWC cancels the registration of an organisation under:

    1. (a)

      paragraph (1)(b) on application by a person interested or by the Minister; or

    2. (b)

      paragraph (1)(c);

the FWC must give the organisation an opportunity to be heard.

  1. (3)

    The FWC may also cancel the registration of an organisation if:

    1. (a)

      the FWC is satisfied that the organisation has breached an undertaking referred to in subsection 19(2); and

    2. (b)

      the FWC does not consider it appropriate to amend the eligibility rules of the organisation under section 157.

  2. (4)

    A cancellation under subsection (3) may be made:

    1. (a)

      on application by an organisation or person interested; or

    2. (b)

      on application by the Minister; or

    3. (c)

      on FWC’s own motion.

  3. (5)

    For the purposes of subparagraph (1)(b)(iv), the enterprise to which an organisation relates has ceased to exist if:

    1. (a)

      in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or

    2. (b)

      in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.

  4. (6)

    Subparagraph (1)(b)(iv) does not apply if:

    1. (a)

      some or all of the business of the enterprise in question is now conducted by another enterprise; and

    2. (b)

      all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and

    3. (c)

      the FWC is satisfied that the organisation still meets the requirements of subsection 20(1).

The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).

31Cancellation to be recorded

If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).

32Consequences of cancellation of registration

The cancellation of the registration of an organisation under this Act has the following consequences:

  1. (a)

    the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;

  2. (b)

    the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;

  3. (c)

    from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;

  4. (d)

    the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;

  5. (e)

    21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;

  6. (f)

    the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;

  7. (g)

    the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.

Part 4FWC’s powers under this Chapter 33Powers exercisable by President, a Vice President or a Deputy President

The powers of the FWC under this Chapter are exercisable only by the President, a Vice President or a Deputy President.

Chapter 3Amalgamation and withdrawal from amalgamationPart 1Simplified outline of Chapter 34Simplified outline

The procedure for the amalgamation of 2 or more organisations is set out in Part 2 of this Chapter.

The 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.

Part 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.

The procedure that enables part of an amalgamated organisation to withdraw from it is set out in Part 3 of this Chapter.

The main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.

Part 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.

Part 2Amalgamation of organisationsDivision 1General35Definitions

In this Part:

alternative provision means a provision of the kind mentioned in subsection 41(1).

amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).

amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.

asset means property of any kind, and includes:

  1. (a)

    any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and

  2. (b)

    any chose in action; and

  3. (c)

    any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).

authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.

charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).

closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.

commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.

completed amalgamation means a proposed amalgamation that has taken effect.

debenture has the same meaning as in section 9 of the Corporations Act 2001.

defect includes a nullity, omission, error or irregularity.

de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.

de‑registration, in relation to an organisation, means the cancellation of its registration.

holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.

instrument means an instrument of any kind, and includes:

  1. (a)

    any contract, deed, undertaking or agreement; and

  2. (b)

    any mandate, instruction, notice, authority or order; and

  3. (c)

    any lease, licence, transfer, conveyance or other assurance; and

  4. (d)

    any guarantee, bond, power of attorney, bill of lading, negotiable instrument or order for the payment of money; and

  5. (e)

    any mortgage, charge, lien or security;

whether express or implied and whether made or given orally or in writing.

instrument to which this Part applies, in relation to a completed amalgamation, means an instrument:

  1. (a)

    to which a de‑registered organisation is a party; or

  2. (b)

    that was given to, by, or in favour of, a de‑registered organisation; or

  3. (c)

    in which a reference is made to a de‑registered organisation; or

  4. (d)

    under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.

interest:

  1. (a)

    in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and

  2. (b)

    in relation to land—means:

    1. (i)

      a legal or equitable estate or interest in the land; or

    2. (ii)

      a right, power or privilege over, or in relation to, the land.

invalidity includes a defect.

irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.

liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).

proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.

proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.

proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.

proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:

  1. (a)

    an organisation is, or 2 or more organisations are, to be de‑registered under this Part; and

  2. (b)

    members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).

proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.

proposed principal amalgamation, in relation to a proposed amalgamation, means:

  1. (a)

    if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or

  2. (b)

    in any other case—the proposed amalgamation.

36Procedure to be followed for proposed amalgamation etc.
  1. (1)

    For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.

  2. (2)

    Where it appears to the FWC that the performance of an act, including:

    1. (a)

      the de‑registration of an organisation; and

    2. (b)

      the registration of an organisation; and

    3. (c)

      the giving of consent to:

      1. (i)

        a change in the name of an organisation; or

      2. (ii)

        an alteration of the eligibility rules of an organisation;

is sought for the purposes of a proposed amalgamation, the FWC may perform the act only in accordance with this Part.

  1. (3)

    If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.

  2. (4)

    Directions and orders under subsection (3):

    1. (a)

      have effect subject to any order of the Federal Court; and

    2. (b)

      have effect despite anything in:

      1. (i)

        the regulations, or the procedural rules of the FWC made under section 609 of the Fair Work Act; or

      2. (ii)

        the rules of an organisation or any association proposed to be registered as an organisation.

37Exercise of the FWC’s powers under this Part

The powers of the FWC under this Part are exercisable only by the President, a Vice President or a Deputy President.

Division 2Preliminary matters38Federations

Application for recognition as federation

  1. (1)

    The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.

  2. (2)

    The application must:

    1. (a)

      be lodged before an application is lodged under section 44 in relation to the amalgamation; and

    2. (b)

      include such particulars as are prescribed.

Grant of application

  1. (3)

    If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.

Registration of federation

  1. (4)

    If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.

Representation rights of federation

  1. (5)

    On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.

  2. (6)

    Subsection (5) does not have the effect that a modern award or enterprise agreement covers the federation.

Federation may vary its composition

  1. (7)

    After the federation is registered, it may vary its composition by:

    1. (a)

      including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or

    2. (b)

      releasing, with the approval of the FWC, an organisation from the federation.

When federation ceases to exist

  1. (8)

    The federation ceases to exist:

    1. (a)

      on the day on which the amalgamation takes effect; or

    2. (b)

      if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or

    3. (c)

      if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.

Federation does not limit representation rights of organisations

  1. (9)

    Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.

39Use of resources to support proposed amalgamation
  1. (1)

    An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:

    1. (a)

      the committee of management of the organisation has resolved that the organisation should so use its resources; and

    2. (b)

      the committee of management has given reasonable notice of its resolution to the members of the organisation.

ad No 60, 1996

rep No 105, 2002

ss 253ZL, 253ZM........................

ad No 60, 1996

am No 198, 1997

rep No 105, 2002

ss 253ZN–253ZQ........................

ad No 60, 1996

rep No 105, 2002

s 253ZQA..................................

ad No 198, 1997

rep No 105, 2002

ss 253ZR–253ZV........................

ad No 60, 1996

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ss 253ZW, 253ZX.......................

ad No 198, 1997

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s 264A.......................................

ad No 60, 1996

rep No 105, 2002

Div 10 of Part IX........................

rep No 105, 2002

Div 11 of Part IX........................

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s 271A.......................................

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s 275..........................................

am No 142, 2001

rep No 105, 2002

ss 276–279.................................

rep No 105, 2002

s 280..........................................

am No 60, 1996

rep No 105, 2002

ss 280A, 280B............................

ad No 60, 1996

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s 281..........................................

am No 60, 1996

rep No 105, 2002

ss 282–284.................................

rep No 105, 2002

s 285..........................................

am No 60, 1996

rep No 105, 2002

Heading to Div 11A of.................

Part IX

rep No 105, 2002

Div 11A of Part IX......................

ad No 60, 1996

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s 285A.......................................

ad No 60, 1996

rep No 153, 2005

s 285B.......................................

ad No 60, 1996

am No 198, 1997

rep No 153, 2005

s 285C.......................................

ad No 60, 1996

am No 105, 2002

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Note to s 285C(7)........................

am No 105, 2002

rep No 153, 2005

ss 285D, 285E............................

ad No 60, 1996

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s 285F........................................

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am No 112, 2004

rep No 153, 2005

s 285G.......................................

ad No 60, 1996

rep No 153, 2005

Div 12 of Part IX........................

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s 286..........................................

rep No 60, 1996

ss 287–289.................................

rep No 105, 2002

s 290..........................................

am No 60, 1996

rep No 105, 2002

s 291..........................................

rep No 105, 2002

s 291A.......................................

ad No 60, 1996

rep No 105, 2002

s 292..........................................

rep No 105, 2002

s 293..........................................

rs No 109, 1993

rep No 105, 2002

Part X........................................

rep No 105, 2002

ss 294, 295.................................

am No 60, 1996

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s 296..........................................

am No 109, 1992; No 98, 1993; No 60, 1996

rep No 105, 2002

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rep No 105, 2002

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am No 60, 1996

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ad No 60, 1996

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ad No 60, 1996

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rep No 153, 2005

Heading to s 298C.......................

am No 20, 2003

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s 298C.......................................

ad No 60, 1996

am No 20, 2003

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ss 298D, 298E............................

ad No 60, 1996

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Heading to s 298F.......................

rs No 105, 2002

rep No 153, 2005

s 298F........................................

ad No 60, 1996

am No 105, 2002

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s 298G.......................................

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am No 127, 2002

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s 298J........................................

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am No 20, 2003

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ad No 60, 1996

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am No 20, 2003

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am No 20, 2003

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ss 298SA, 298SB........................

ad No 20, 2003

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ad No 20, 2003

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Div 5A of Part XA......................

ad No 20, 2003

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s 298SC.....................................

ad No 20, 2003

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s 298T........................................

ad No 60, 1996

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s 298U.......................................

ad No 60, 1996

am No 112, 2004

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s 298V.......................................

ad No 60, 1996

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ss 298W, 298X...........................

ad No 60, 1996

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Heading to s 298Y.......................

am No 20, 2003

rep No 153, 2005

s 298Y.......................................

ad No 60, 1996

am No 20, 2003

rep No 153, 2005

Heading to s 298Z.......................

am No 20, 2003

rep No 153, 2005

s 298Z........................................

ad No 198, 1997

am No 20, 2003

rep No 153, 2005

s 304..........................................

am No 60, 1996

rep No 137, 2000

s 304A.......................................

ad No 60, 1996

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s 305A.......................................

ad No 60, 1996

rs No 137, 2000

am No 142, 2001

rep No 153, 2005

s 306..........................................

am No 60, 1996

rep No 137, 2000

s 308..........................................

am No 142, 2001; No 112, 2004

rep No 153, 2005

s 309..........................................

rep No 60, 1996

s 310..........................................

rep No 142, 2001

ss 311, 312.................................

rep No 98, 1993

s 313..........................................

rs No 142, 2001

rep No 105, 2002

s 314..........................................

rep No 105, 2002

s 315..........................................

am No 142, 2001

rep No 105, 2002

s 316..........................................

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s 318..........................................

am No 19, 1991

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am No 142, 2001

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s 320..........................................

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ss 321–323.................................

am No 142, 2001

rep No 105, 2002

s 324..........................................

rep No 142, 2001

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am No 142, 2001

rep No 105, 2002

s 329..........................................

am No 60, 1996; No 142, 2001

rep No 105, 2002

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am No 142, 2001

rep No 105, 2002

s 334..........................................

am No 109, 1992; No 98, 1993

rep No 60, 1996

s 334A.......................................

ad No 98, 1993

rep No 60, 1996

ss 335, 336.................................

am No 109, 1992

rep No 60, 1996

s 337..........................................

rs No 142, 2001

rep No 105, 2002

s 340..........................................

am No 142, 2001

rep No 105, 2002

s 341..........................................

rep No 109, 1993

Div 1 of Part XII.........................

rep No 105, 2002

ss 342–346.................................

rep No 105, 2002

Div 1 of Part XIV........................

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s 360..........................................

ad No 98, 1993

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Div 2 of Part XIV........................

rep No 60, 1996

ss 361–374.................................

ad No 98, 1993

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Div 3 of Part XIV........................

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s 375..........................................

ad No 98, 1993

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s 376..........................................

ad No 98, 1993

am No 168, 1995

rep No 60, 1996

ss 377–388.................................

ad No 98, 1993

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Div 4 of Part XIV........................

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Heading to Div 5 of Part XIV.......

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Heading to Subdiv A of Div 5......

of Part XIV

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ad No 98, 1993

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Heading to Subdiv B of Div 5.......

of Part XIV

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ad No 98, 1993

rs No 60, 1996

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ad No 98, 1993

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Subdiv C of Div 5 of...................

Part XIV

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ad No 98, 1993

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Subdiv D of Div 5 of...................

Part XIV

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s 432..........................................

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Div 6 of Part XIV........................

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ss 433–463.................................

ad No 98, 1993

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Div 7 of Part XIV........................

rep No 60, 1996

ss 464–468.................................

ad No 98, 1993

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Heading to Div 8 of Part XIV.......

rep No 60, 1996

Div 9 of Part XIV........................

rep No 60, 1996

ss 472, 473.................................

ad No 60, 1996

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s 474..........................................

ad No 98, 1993

am No 3, 1995

rep No 60, 1996

ss 475–485.................................

ad No 98, 1993

rep No 60, 1996

Div 10 of Part XIV......................

rep No 60, 1996

ss 486, 487.................................

ad No 98, 1993

rep No 60, 1996

s 493A.......................................

ad No 137, 2003

rep No 153, 2005

Note to s 501(1)..........................

ad No 137, 2003

rep No 153, 2005

s 501A.......................................

ad No 137, 2003

rep No 153, 2005

s 509A.......................................

ad No 137, 2003

rep No 153, 2005

Heading to Subdiv D of Div 3......

of Part XV

rs No 137, 2003

rep No 153, 2005

s 523..........................................

ad No 77, 1996

rep No 153, 2005

ss 529–531.................................

ad No 77, 1996

rep No 153, 2005

s 532..........................................

ad No 77, 1996

rep No 137, 2003

s 533..........................................

ad No 77, 1996

am No 137, 2003

rep No 153, 2005

s 534..........................................

ad No 77, 1996

rep No 153, 2005

ss 535, 536.................................

ad No 77, 1996

rep No 153, 2005

Heading to Div 2 of.....................

Part XVII

rep SLI 2006 No 50

s 551..........................................

ad No 153, 2005

rep No 153, 2005

s 552..........................................

ad No 153, 2005

rep No 153, 2005

s 555..........................................

ad No 153, 2005

rep No 153, 2005

Schedule 1A...............................

ad No 77, 1996

am No 137, 2003

rep No 153, 2005

Schedule 3..................................

rep No 105, 2002

Schedule 4..................................

am No 109, 1992; No 109, 1993

rep No 105, 2002

Schedules 5–9.............................

ad No 98, 1993

rep No 60, 1996

Schedule 11................................

ad No 98, 1993

rep No 60, 1996

Renumbering table

The renumbering of provisions of the Fair Work (Registered Organisations) Act 2009, made by the Workplace Relations Amendment (Work Choices) Act 2005 (No 153, 2005) appears in the table below.

Old number

New number

Part I

Part 1

Section

Section

1

1

2

2

3

3

4

4

4AA

5

4AB

6

4AC

7

4A

8

4B

9

6

10

7

11

7AAA

12

7AA

13

7A

14

7B

15

7C

16

7D

17

7E

18

Part IA

Part 2

Division 1

Division 1

Section

Section

7F

19

Division 2

Division 2

Subdivision A

Subdivision A

Section

Section

7G

20

7H

21

Subdivision B

Subdivision B

Section

Section

7I

22

7J

23

7K

24

7L

25

7M

26

Subdivision C

Subdivision C

Section

Section

7N

27

7O

28

Subdivision D

Subdivision D

Section

Section

7P

29

7Q

30

7R

31

7S

32

7T

33

7U

34

7V

35

7W

36

7X

37

Subdivision E

Subdivision E

Section

Section

7Y

38

7Z

39

7ZA

40

7ZB

41

7ZC

42

7ZD

43

Section

Section

7ZE

44

7ZF

45

Division 3

Division 3

Subdivision A

Subdivision A

Section

Section

7ZG

46

7ZH

47

Subdivision B

Subdivision B

Section

Section

7ZI

48

7ZJ

49

Subdivision C

Subdivision C

Section

Section

7ZK

50

7ZL

51

7ZM

52

7ZN

53

7ZO

54

7ZP

55

7ZQ

56

7ZR

57

7ZS

58

Subdivision D

Subdivision D

Section

Section

7ZT

59

7ZU

60

Part II

Part 3

Division 1

Division 1

Section

Section

8

61

8A

62

9

63

10

64

11

65

12

66

13

67

14

68

15

69

15A

70

Section

Section

16

71

17

72

17A

73

17B

74

18

75

19

76

19A

77

20

78

21

79

22

80

23

81

24

82

25

83

26

84

27

85

28

86

29

87

Division 2

Division 2

Section

Section

30

88

31

89

32

90

33

91

34

92

35

93

36

94

37

95

40

96

41

97

41A

98

41B

99

Division 3

Division 3

Section

Section

42

100

43

101

44

102

Division 3A

Division 4

Subdivision A

Subdivision A

Section

Section

44A

103

44B

104

44C

105

44D

106

44E

107

44F

108

44G

109

Subdivision B

Subdivision B

Section

Section

44H

110

44I

111

44J

112

44K

113

44L

114

44M

115

44N

116

44O

117

44P

118

44Q

119

Division 4

Division 5

Section

Section

45

120

45A

121

46

122

Division 5

Division 6

Section

Section

47

123

48

124

48A

125

49

126

Part IV

Part 4

Division 1A

Division 1

Section

Section

61A

127

Division 1

Division 2

Section

Section

62

128

Section

Section

63

129

64

130

65

131

66

132

Division 2

Division 3

Section

Section

67

133

68

134

69

135

70

136

71

137

72

138

73

139

74

140

75

141

76

142

77

143

78

144

Division 3

Division 4

Section

Section

79

145

80

146

81

147

82

148

Division 4

Division 5

Section

Section

83

149

Part IVA

Part 5

Division 1

Division 1

Section

Section

83BA

150

83BB

151

83BC

152

83BD

153

83BE

154

83BF

155

Division 3

Division 2

Section

Section

83BI

156

Section

Section

83BJ

157

83BK

158

83BL

159

83BM

160

83BN

161

83BO

162

83BP

163

83BQ

164

Division 4

Division 3

Section

Section

83BS

165

83BT

166

Part V

Part 6

Section

Section

84

167

85

168

86

169

86A

170

Part VA

Part 7

Division 1

Division 1

Section

Section

89

171

89A

172

89B

173

89D

174

89E

175

Division 2

Division 2

Subdivision A

Subdivision A

Section

Section

90

176

90A

177

90B

178

90C

179

90D

180

90E

181

Subdivision B

Subdivision B

Section

Section

90F

182

90G

183

Section

Section

90GA

184

Subdivision C

Subdivision C

Section

Section

90H

185

90I

186

90J

187

90K

188

Subdivision CA

Subdivision D

Section

Section

90KA

189

Subdivision D

Subdivision E

Section

Section

90L

190

90M

191

90N

192

Subdivision E

Subdivision F

Section

Section

90O

193

Subdivision F

Subdivision G

Section

Section

90P

194

90Q

195

90R

196

90S

197

90T

198

90U

199

90V

200

Subdivision G

Subdivision H

Section

Section

90W

201

90X

202

90Y

203

90Z

204

90ZA

205

Section

Section

90ZB

206

90ZC

207

Subdivision H

Subdivision I

Section

Section

90ZD

208

90ZE

209

90ZF

210

90ZG

211

90ZH

212

90ZI

213

Subdivision I

Subdivision J

Section

Section

90ZJ

214

Subdivision J

Subdivision K

Section

Section

90ZK

215

90ZL

216

90ZM

217

Subdivision K

Subdivision L

Section

Section

90ZN

218

90ZO

219

Subdivision L

Subdivision M

Section

Section

90ZP

220

90ZQ

221

Subdivision M

Subdivision N

Section

Section

90ZR

222

Division 3

Division 3

Subdivision A

Subdivision A

Section

Section

91

223

91A

224

91B

225

Subdivision B

Subdivision B

Section

Section

91C

226

Division 4

Division 4

Subdivision A

Subdivision A

Section

Section

92

227

Section

Section

92A

228

92AA

229

92B

230

92C

231

Subdivision B

Subdivision B

Section

Section

92D

232

92E

233

Subdivision C

Subdivision C

Section

Section

92F

234

92G

235

92H

236

92HA

237

Subdivision D

Subdivision D

Section

Section

92I

238

Division 5

Division 5

Subdivision A

Subdivision A

Section

Section

93

239

93A

240

93AA

241

93B

242

93C

243

93D

244

Subdivision B

Subdivision B

Section

Section

93E

245

93F

246

93G

247

93H

248

93I

249

Subdivision C

Subdivision C

Section

Section

93J

250

93K

251

93L

252

Subdivision D

Subdivision D

Section

Section

93M

253

93N

254

93O

255

93P

256

Subdivision E

Subdivision E

Section

Section

93Q

257

93R

258

93S

259

Subdivision F

Subdivision F

Section

Section

93T

260

93U

261

Division 6

Division 6

Subdivision A

Subdivision A

Section

Section

94

262

94A

263

94B

264

Subdivision B

Subdivision B

Section

Section

94C

265

94D

266

94E

267

94F

268

Subdivision C

Subdivision C

Section

Section

94G

269

94H

270

94I

271

Subdivision D

Subdivision D

Section

Section

94J

272

94K

273

94L

274

94M

275

94N

276

94O

277

Section

Section

94P

278

94Q

279

94R

280

94S

281

Subdivision E

Subdivision E

Section

Section

94T

282

94U

283

94V

284

94W

285

Subdivision F

Subdivision F

Section

Section

94X

286

94Y

287

94Z

288

Subdivision G

Subdivision G

Section

Section

94ZA

289

94ZB

290

94ZC

291

94ZD

292

94ZE

293

94ZF

294

94ZG

295

94ZH

296

94ZI

297

Subdivision H

Subdivision H

Section

Section

94ZJ

298

94ZK

299

94ZL

300

94ZM

301

94ZN

302

94ZO

303

Subdivision I

Subdivision I

Section

Section

94ZP

304

94ZQ

305

94ZR

306

Section

Section

94ZS

307

Subdivision J

Subdivision J

Section

Section

94ZT

308

94ZU

309

94ZV

310

94ZW

311

94ZX

312

94ZY

313

94ZZ

314

94ZZA

315

Subdivision K

Subdivision K

Section

Section

94ZZB

316

Division 7

Division 7

Section

Section

94ZZC

317

94ZZD

318

94ZZE

319

94ZZF

320

Part VB

Part 8

Division 1

Division 1

Section

Section

95

321

95A

322

95B

323

95D

324

95E

325

Division 2

Division 2

Section

Section

96

326

96A

327

96B

328

96C

329

96D

330

96E

331

96F

332

96G

333

Division 3

Division 3

Section

Section

97A

334

97B

335

Division 4

Division 4

Section

Section

97C

336

98

337

98A

338

98B

339

98C

340

98D

341

Division 5

Division 5

Section

Section

99

342

99A

343

99B

344

99C

345

99D

346

Division 6

Division 6

Section

Section

100

347

100A

348

100B

349

100C

350

100D

351

Division 7

Division 7

Subdivision A

Subdivision A

Section

Section

101

352

101A

353

101B

354

101C

355

Subdivision B

Subdivision B

Section

Section

101D

356

101E

357

101F

358

101G

359

101H

360

Section

Section

101I

361

101J

362

101K

363

101L

364

101M

365

101N

366

Division 8

Division 8

Subdivision A

Subdivision A

Section

Section

102

367

102A

368

Subdivision B

Subdivision B

Section

Section

102B

369

102C

370

102D

371

102E

372

102F

373

102G

374

Subdivision C

Subdivision C

Section

Section

102H

375

102I

376

102J

377

102K

378

102L

379

Subdivision D

Subdivision D

Section

Section

102M

380

Division 9

Division 9

Subdivision A

Subdivision A

Section

Section

103

381

Subdivision B

Subdivision B

Section

Section

103A

382

103B

383

103C

384

103D

385

Section

Section

103E

386

103F

387

Subdivision C

Subdivision C

Section

Section

103G

388

103H

389

103I

390

103J

391

Subdivision D

Subdivision D

Section

Section

103K

392

103L

393

103M

394

103N

395

103O

396

103P

397

Subdivision E

Subdivision E

Section

Section

103Q

398

103R

399

Division 10

Division 10

Section

Section

104

400

104A

401

104B

402

Division 11

Division 11

Subdivision A

Subdivision A

Section

Section

105

403

105A

404

105B

405

Subdivision B

Subdivision B

Section

Section

105C

406

105D

407

Subdivision C

Subdivision C

Section

Section

105E

408

105F

409

Section

Section

105G

410

105H

411

105I

412

105J

413

105K

414

Division 12

Division 12

Section

Section

105L

415

105M

416

105N

417

105O

418

Part VC

Part 9

Division 1

Division 1

Section

Section

106

419

106A

420

106B

421

106C

422

Division 2

Division 2

Section

Section

107

423

107A

424

107B

425

107C

426

107D

427

107E

428

107F

429

107G

430

107H

431

107I

432

107J

433

107K

434

Division 3

Division 3

Subdivision A

Subdivision A

Section

Section

108

435

Subdivision B

Subdivision B

Section

Section

108A

436

Section

Section

108B

437

108C

438

108D

439

108E

440

108F

441

108G

442

108H

443

108I

444

108J

445

108K

446

Subdivision C

Subdivision C

Section

Section

108L

447

108M

448

Division 4

Division 4

Subdivision A

Subdivision A

Section

Section

109

449

109A

450

Subdivision B

Subdivision B

Section

Section

109B

451

109C

452

109D

453

109E

454

109F

455

Subdivision C

Subdivision C

Section

Section

109G

456

109H

457

109I

458

109J

459

109K

460

109L

461

109M

462

109N

463

109O

464

109P

465

109Q

466

Section

Section

109R

467

109S

468

109T

469

109U

470

109V

471

109W

472

Subdivision D

Subdivision D

Section

Section

109X

473

109Y

474

109Z

475

109ZA

476

109ZB

477

109ZC

478

109ZD

479

Subdivision E

Subdivision E

Section

Section

109ZE

480

109ZF

481

Subdivision F

Subdivision F

Section

Section

109ZG

482

109ZH

483

109ZI

484

Subdivision G

Subdivision G

Section

Section

109ZJ

485

109ZK

486

109ZL

487

109ZM

488

109ZN

489

109ZO

490

109ZP

491

109ZQ

492

109ZR

493

Division 5

Division 5

Section

Section

110

494

110A

495

Division 6

Division 6

Section

Section

111

496

111A

497

Division 7

Division 7

Section

Section

112

498

112A

499

Division 8

Division 8

Section

Section

113

500

113A

501

113B

502

113C

503

113D

504

113E

505

113F

506

Division 9

Division 9

Section

Section

114

507

114A

508

114B

509

Part VI

Part 10

Division 1

Division 1

Section

Section

115

510

115A

511

115C

512

Division 2

Division 2

Subdivision A

Subdivision A

Section

Section

116

513

116A

514

116B

515

116C

516

116D

517

116E

518

116F

519

Subdivision B

Subdivision B

Section

Section

116G

520

116H

521

116I

522

116J

523

116K

524

Subdivision C

Subdivision C

Section

Section

116L

525

Subdivision D

Subdivision D

Section

Section

116M

526

Division 3

Division 3

Section

Section

117

527

117A

528

117B

529

117C

530

117D

531

117E

532

117F

533

Division 4

Division 4

Subdivision A

Subdivision A

Section

Section

118

534

118A

535

118B

536

118C

537

118D

538

118E

539

118F

540

118G

541

118H

542

118I

543

118J

544

118K

545

118L

546

Subdivision B

Subdivision B

Section

Section

118M

547

118N

548

118O

549

Subdivision C

Subdivision C

Section

Section

118P

550

118Q

551

Division 5

Division 5

Subdivision A

Subdivision A

Section

Section

119

552

119A

553

119B

554

Subdivision B

Subdivision B

Section

Section

119C

555

119D

556

Division 6

Division 6

Section

Section

120

557

120A

558

120B

559

120C

560

120D

561

120E

562

120F

563

Division 6A

Division 7

Section

Section

120G

564

120H

565

120I

566

Division 7

Division 8

Section

Section

121

567

121A

568

121B

569

121C

570

121D

571

Section

Section

121E

572

121F

573

121G

574

121H

575

121I

576

Part VIAA

Part 11

Division 1

Division 1

Section

Section

122

577

122A

578

122B

579

Division 2

Division 2

Section

Section

123

580

123A

581

123B

582

Division 3

Division 3

Section

Section

124

583

124A

584

Division 4

Division 4

Subdivision A

Subdivision A

Section

Section

125

585

125A

586

125B

587

125C

588

Subdivision B

Subdivision B

Section

Section

125D

589

125E

590

125F

591

125G

592

125H

593

125I

594

Division 5

Division 5

Section

Section

126

595

126A

596

Section

Section

126B

597

Division 6

Division 6

Section

Section

127

598

Division 7

Division 7

Section

Section

128

599

128A

600

128B

601

Division 8

Division 8

Section

Section

129

602

129A

603

129B

604

129C

605

Division 9

Division 9

Section

Section

130

606

Part VIA

Part 12

Division 1

Division 1

Section

Section

170AA

607

170AB

608

170AC

609

170AD

610

Division 1A

Division 2

Section

Section

170AE

611

170AF

612

170AG

613

170AH

614

170AI

615

170AJ

616

170AK

617

170AL

618

170AM

619

Division 2

Division 3

Section

Section

170BA

620

Section

Section

170BAB

621

170BAC

622

170BB

623

170BC

624

170BD

625

170BDA

626

170BDB

627

170BDC

628

170BF

629

170BG

630

170BGA

631

170BGB

632

170BGC

633

170BGD

634

Division 3

Division 4

Subdivision A

Subdivision A

Section

Section

170CA

635

170CAA

636

170CB

637

170CBA

638

170CC

639

170CCA

640

170CCB

641

170CD

642

Subdivision B

Subdivision B

Section

Section

170CE

643

170CEAA

644

170CEA

645

170CEB

646

170CEC

647

170CED

648

170CEE

649

170CF

650

170CFA

651

170CG

652

170CGA

653

170CH

654

Section

Section

170CI

655

170CIA

656

170CIB

657

170CJ

658

Subdivision C

Subdivision C

Section

Section

170CK

659

170CL

660

170CM

661

170CO

662

170CP

663

170CQ

664

170CR

665

170CS

666

170CT

667

Subdivision E

Subdivision D

Section

Section

170GA

668

170GB

669

170GBA

670

170GC

671

Subdivision F

Subdivision E

Section

Section

170HB

672

170HBA

673

170HC

674

Subdivision G

Subdivision F

Section

Section

170HD

675

170HE

676

170HF

677

170HH

678

170HI

679

Division 4

Division 5

Section

Section

170JA

680

170JB

681

170JC

682

170JD

683

Section

Section

170JEA

684

170JF

685

170JG

686

170JI

687

Division 5

Division 6

Section

Section

170KA

688

170KB

689

170KC

690

170KD

691

Part VIIA

Part 13

Division 1

Division 1

Section

Section

171

692

172

693

Division 2

Division 2

Section

Section

173

694

174

695

175

696

176

697

Division 3

Division 3

Section

Section

176A

698

176B

699

176C

700

176D

701

176E

702

176F

703

Division 4

Division 4

Section

Section

176G

704

176H

705

176I

706

176J

707

176K

708

Division 5

Division 5

Section

Section

176L

709

Section

Section

176M

710

176N

711

176O

712

Division 6

Division 6

Section

Section

176P

713

176Q

714

176R

715

176S

716

Part VIII

Part 14

Division 1

Division 1

Section

Section

177A

717

Division 2

Division 2

Section

Section

177AA

718

178

719

179

720

179AA

721

179A

722

179B

723

179C

724

179D

725

180

726

Division 4

Division 3

Section

Section

188

727

189

728

190

729

191

730

192

731

193

732

194

733

195

734

196

735

Part IX

Part 15

Division 1

Division 1

Section

Section

197

736

Section

Section

198

737

199

738

200

739

Division 2

Division 2

Section

Section

201

740

202

741

203

742

Division 3

Division 3

Section

Section

204

743

205

744

206

745

207

746

Division 4

Division 4

Section

Section

208

747

209

748

210

749

211

750

212

751

213

752

214

753

215

754

Division 5

Division 5

Section

Section

216

755

217

756

218

757

219

758

220

759

Division 6

Division 6

Section

Section

221

760

222

761

223

762

224

763

225

764

226

765

Section

Section

227

766

Division 7

Division 7

Section

Section

228

767

229

768

Division 8

Division 8

Section

Section

230

769

Division 9

Division 9

Section

Section

231

770

232

771

233

772

234

773

235

774

236

775

237

776

238

777

Part XA

Part 16

Division 1

Division 1

Section

Section

239

778

240

779

241

780

242

781

Division 2

Division 2

Section

Section

243

782

244

783

245

784

246

785

247

786

248

787

249

788

Division 3

Division 3

Section

Section

250

789

251

790

252

791

Division 4

Division 4

Section

Section

253

792

254

793

255

794

Division 5

Division 5

Section

Section

256

795

Division 6

Division 6

Section

Section

257

796

258

797

259

798

260

799

261

800

262

801

263

802

264

803

Division 7

Division 7

Section

Section

265

804

Division 8

Division 8

Section

Section

266

805

Division 9

Division 9

Section

Section

267

806

268

807

269

808

270

809

Division 10

Division 10

Section

Section

271

810

272

811

273

812

Division 11

Division 11

Section

Section

274

813

Part XI

Part 17

Section

Section

299

814

300

815

301

816

302

817

303

818

305

819

307

820

317

821

338

822

339

823

Part XII

Part 18

Division 2

Division 1

Section

Section

347

824

Part XIII

Part 19

Section

Section

348

825

349

826

349A

827

350

828

351

829

352

830

352A

831

352B

832

352C

833

352D

834

353

835

353A

836

354

837

354A

838

355

839

355A

840

356

841

357

842

358

843

358A

844

358B

845

359

846

Part XIV

Part 20

Division 1

Division 1

Section

Section

412

847

413

848

413A

849

414

850

415

851

416

852

Division 2

Division 2

Section

Section

422

853

Division 3

Division 3

Section

Section

469

854

470

855

471

856

Part XV

Part 21

Division 1

Division 1

Section

Section

488

857

489

858

490

859

Division 2

Division 2

Section

Section

491

860

492

861

493

862

494

863

495

864

496

865

497

866

498

867

499

868

Division 3

Division 3

Section

Section

500

869

501

870

502

871

Division 4

Division 4

Section

Section

503

872

504

873

505

874

Division 5

Division 5

Section

Section

506

875

507

876

Division 5A

Division 6

Section

Section

507A

877

507B

878

Division 6

Division 7

Section

Section

508

879

509

880

Division 7

Division 8

Section

Section

510

881

Division 8

Division 9

Section

Section

511

882

512

883

Division 8A

Division 10

Section

Section

512A

884

Division 9

Division 11

Section

Section

513

885

514

886

Division 10

Division 12

Section

Section

515

887

516

888

517

889

518

890

519

891

520

892

521

893

Section

Section

522

894

524

895

525

896

526

897

Division 11

Division 13

Section

Section

527

898

Division 12

Division 14

Section

Section

528

899

Part XVI

Part 22

Division 1

Division 1

Section

Section

537

900

538

901

Division 2

Division 2

Subdivision A

Subdivision A

Section

Section

539

902

540

903

540A

904

Subdivision B

Subdivision B

Section

Section

541

905

Subdivision C

Subdivision C

Section

Section

542

906

Subdivision D

Subdivision D

Section

Section

543

907

544

908

Section

Section

545

909

546

910

547

911

548

912

549

913

Part XVII

Part 23

Division 1

Division 1

Section

Section

550

914

Division 3

Division 2

Section

Section

553

915

554

916

Division 4

Division 3

Section

Section

556

917

557

918

Section

Section

Division 5

Division 4

Section

Section

558

919

Schedule 1B

Schedule 1

Schedule 1

Schedule 2

Schedule 2

Schedule 3

Schedule 10

Schedule 4

Schedule 12

Schedule 5

Schedule 13

Schedule 6

Schedule 14

Schedule 7

Schedule 15

Schedule 8

Schedule 16

Schedule 9

Schedule 17

Schedule 10

Other information relating to the Fair Work (Registered Organisations) Act 2009 is set out below.

Section 40 of the Independent Contractors Act 2006 (Act No 162, 2006) is a transitional provision relating to the Fair Work (Registered Organisations) Act 2009.

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