Fair Work (Registered Organisations) Declaration 2010

Overview

The Fair Work (Registered Organisations) Declaration 2010, issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, addresses a problem created by the amendments made by the Workplace Relations Amendment (Work Choices) Act 2005, which brought state system employees and employers under the federal workplace relations system. This legislative instrument establishes a mechanism for the transfer of members from state registered industrial associations, now known as Transitionally Recognised Associations (TRAs), to their federal counterparts. The Fair Work (Registered Organisations) Act 2009 provides that federal organisations can extend their membership eligibility rules to include broader coverage of the state association, provided certain conditions are met, including that the General Manager of Fair Work Australia consents to the alteration. The Declaration sets the date from which applications under section 158A(1) of the Act may be made, allowing for consideration of potential regulations and consultation with relevant stakeholders such as the Australian Chamber of Commerce and Industry, the Australian Industry Group, the Australian Council of Trade Unions, and state and territory government officials.

Scope and Application

The Fair Work (Registered Organisations) Declaration 2010 applies to federal registered organisations and state registered associations under the Fair Work (Registered Organisations) Act 2009, particularly focusing on those identified as Transitionally Recognised Associations (TRAs) as a result of amendments made by the Workplace Relations Amendment (Work Choices) Act 2005. It provides a framework for these TRAs to transition into the federal workplace relations system by allowing federal organisations recognised as federal counterparts of state associations to extend their membership eligibility rules. The Act applies to individuals and entities that are members of these state associations and employers or employees that fall within the eligibility rules of these TRAs. The geographical scope of the Act is national, as it involves the federal system, but it is contingent on the state or territory for which the association is registered. The Declaration stipulates that applications under section 158A(1) of the Act, which involves altering eligibility rules to incorporate members of TRAs, can only be made from 1 January 2012, providing a buffer period for potential regulatory changes and consultations with stakeholders such as the Australian Chamber of Commerce and Industry, the Australian Industry Group, the Australian Council of Trade Unions, and state and territory government officials. The Act does not currently specify any exclusions, exemptions, or thresholds beyond the prescribed application date and the conditions outlined for consent by the General Manager of Fair Work Australia.

Key Provisions

The Fair Work (Registered Organisations) Declaration 2010, pursuant to section 158A(2) of the Fair Work (Registered Organisations) Act 2009, sets the date from which federal organisations can apply to extend their membership eligibility to include members of state-registered associations, specifically Transitionally Recognised Associations (TRAs). According to the Act, any alteration to the eligibility rules of a federal organisation to incorporate members from a state association must be consented to by the General Manager of Fair Work Australia, provided that the organisation is a federal counterpart of the state association, the alteration does not extend the eligibility rules beyond those of the state association, and the alteration does not apply beyond the state or territory for which the association is registered. The declaration specifies that applications under section 158A(1) of the Act may not be made before 1 January 2012, allowing time for potential regulatory changes and consultations with stakeholders. The obligations imposed on federal organisations under this Act are primarily procedural. They must ensure that any proposed alteration to their eligibility rules complies with the Act and has been made according to their internal rules. Additionally, they must demonstrate that the alteration aligns with the eligibility rules of the state association and does not extend beyond the geographical limits of the state or territory where the state association is registered. The General Manager of Fair Work Australia has the authority to consent to such alterations and may impose additional conditions as necessary. Federal organisations must also engage in any consultations or processes that the General Manager deems appropriate. Breaches of the requirements under the Fair Work (Registered Organisations) Act 2009 may lead to civil or criminal consequences, depending on the nature and severity of the breach. While the specific penalties are not detailed in the explanatory statement, it is known that the Act provides for both civil and criminal sanctions for non-compliance. Penalties could range from fines to imprisonment, depending on the seriousness of the offence. It is also possible that the Federal Court could issue orders to rectify the breach, ensuring that the integrity of the federal workplace relations system is maintained. Organisations found in breach may also face reputational damage, which could impact their operations and membership.