Fair Work (Registered Organisations) Act 2009
No. 86, 1988
Compilation No. 89
Compilation date: 7 July 2026
Includes amendments: Act No. 62, 2026
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 7 July 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Chapter 1—Preliminary
1 Short title
2 Commencement
5 Parliament’s intention in enacting this Act
5A Act binds Crown
5B Schedule 1 has effect
5C Schedule 2 has effect
5D Schedule 3 has effect
6 Definitions
7 Relationships
9 Meaning of office
9A Meaning of federal counterpart
9B Meaning of related party
10 Forging and uttering
11 Actions and opinions of AEC
12 Membership of organisations
13 Additional function of the FWC
15 Disapplication of Part 2.5 of Criminal Code
16 Contravening an offence provision or a civil penalty provision
Chapter 2—Registration and cancellation of registration
Part 1—Simplified outline of Chapter
17 Simplified outline
Part 2—Registration
Division 1—Types of associations that may apply for registration
18 Employer and employee associations may apply
18A Federally registrable employer associations
18B Federally registrable employee associations
18C Federally registrable enterprise associations
18D Constitutional validity
Division 2—Registration criteria
19 Criteria for registration of associations other than enterprise associations
20 Criteria for registration of enterprise associations
Division 3—Prohibited conduct in relation to formation or registration of employee associations
21 Prohibited conduct—employers
22 Prohibited conduct—organisations
23 Powers of Federal Court in relation to…
Overview
The Fair Work (Registered Organisations) Act 2009, enacted by the Australian Parliament, was introduced to address the need for a regulatory framework that enhances workplace relations by ensuring that employer and employee associations are representative, accountable, and operate effectively. The Act aims to facilitate better industrial relations and reduce workplace disputes by setting standards for the registration, operation, and accountability of employer and employee associations. The policy objective is to promote fair work practices by providing a clear and consistent legislative framework that supports the democratic functioning of associations and protects the rights and interests of their members. This Act is crucial in maintaining the balance between the rights of employers and employees and ensuring that associations can effectively negotiate and advocate on behalf of their members.
Scope and Application
The Fair Work (Registered Organisations) Act 2009 is a Commonwealth Act that applies to registered organisations, including employer associations, employee associations, and enterprise associations. The Act governs the registration, conduct, and operations of these organisations, aiming to ensure they are representative, accountable, and operate in the best interests of their members. The Act applies to these organisations and their officers, regardless of where they are based or operate within Australia. The Act also extends to conduct and transactions that fall within the scope of registered organisations. Notably, the Act does not apply to political parties or religious organisations, as explicitly excluded in its provisions. The scope of the Act can be extended or restricted through subordinate instruments, which allow for the creation of regulations and guidelines that further define the application and enforcement of the Act. These regulations and guidelines are made by the relevant authorities, such as the Fair Work Commission, and are subject to parliamentary scrutiny and approval.
Key Provisions
- The Fair Work (Registered Organisations) Act 2009 outlines the conditions under which employer and employee associations can apply for registration, sets criteria for the registration of such associations, and establishes procedures for the cancellation of their registration. The Act specifies that employer associations, employee associations, and enterprise associations may apply for registration, provided they meet specific criteria (sections 18A-18C). These criteria include being representative of their members, having a constitution, and ensuring that the association's rules and operations do not contravene the Fair Work Act or other relevant laws. Employers and employees are also prohibited from engaging in certain discriminatory conduct in relation to the formation or registration of employee associations (sections 21-22). The Act grants the Fair Work Commission (FWC) the authority to cancel the registration of an association if it is found to be non-compliant with the registration criteria or if it engages in prohibited conduct (sections 28-32).
- Organisations and their members are obligated to comply with the registration criteria and to refrain from prohibited conduct. They must maintain proper records and submit these records to the FWC as required (sections 230-231). Additionally, organisations are required to keep their rules and financial records in order and to make these available for inspection by the FWC or its authorised officers (sections 140-141, 252-253). Officers and employees of the organisations must act in good faith, exercise their powers and duties honestly, and avoid conflicts of interest (sections 285-289). Failure to comply with these obligations may result in the cancellation of the organisation's registration.
- The Act imposes several penalties and consequences for breaches of its provisions. Organisations found to have contravened civil penalty provisions may be subject to pecuniary penalties, which are determined by the Federal Court (section 305). The FWC can also impose fines on organisations that fail to comply with civil penalty provisions (section 306). Furthermore, the Act allows for the disqualification of individuals from holding office in organisations if they have been convicted of certain offences or if their conduct is deemed inappropriate (section 309). For strict liability offences, such as the failure to keep proper records or to comply with the FWC’s orders, the penalties can be substantial and may include fines up to a maximum of 10,000 penalty units for serious contraventions (sections 337AA-337AB). Criminal offences under the Act, such as forgery or uttering fraudulent documents, can lead to imprisonment, with penalties varying based on the severity of the offence (sections 337AC-337AD). Additionally, the Act provides for the issuance of infringement notices for minor breaches, with penalties for non-compliance typically set at 100 penalty units (section 337AA).
- Area of Law
- Employment & Labour Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Licensing
- Compliance Obligations
- Enforcement Powers
- Penalties & Sanctions