Fair Work (Registered Organisations) Regulations 2009
Statutory Rules No. 82, 2003
made under the
Fair Work (Registered Organisations) Act 2009
Compilation No. 20
Compilation date: 21 August 2024
Includes amendments: F2024L01031
Registered: 2 September 2024
About this compilation
This compilation
This is a compilation of the Fair Work (Registered Organisations) Regulations 2009 that shows the text of the law as amended and in force on 21 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 (www.legislation.gov.au). 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Preliminary
1 Name of Regulations
3 Definitions
5 Declaration envelope—prescribed form
6 Postal ballot—prescribed form of prepaid envelope
7 Employing authorities
8 State industrial authorities
8A Prescribing federal counterpart
9 Declarations—prescribed officers
10 Prescribed State (Ch 11, Pt 7)
11 Prescribed State Act (Ch 11, Pt 7)
Part 2—Documents
Division 1—Preliminary
12 Authorisation to make, sign or lodge documents
Division 2—Lodgement of documents with FWC etc.
13 Lodgment of documents with FWC
14 Content of notices of objections lodged with FWC
15 Service of documents
16 Publication of documents
Division 4—Other matters relating to documents
17 Sending documents
18 Supply of copies of documents
19 Supply of copies of rules (s 347)
20 Inspection of documents
Part 3—Registration and cancellation of registration (Ch 2)
Division 1—Registration (Ch 2, Pt 2)
21 Application for registration (s 18)
22 Notification of application for registration (s 18)
23 Objection to registration (s 18)
24 Hearing of application for registration (s 18)
25 Withdrawal of application for registration (s 18)
26 Applicants for Federal Court order (s 23(2)(b))
27 Application to change name of association or to alter its rules (s 25)
28 Alteration of rules—lodgment of copies (s 25)
29
Overview
The Fair Work (Registered Organisations) Regulations 2009, made under the Fair Work (Registered Organisations) Act 2009, were introduced to address the need for a streamlined and cohesive framework governing the registration, conduct, and operations of organisations within the Australian workplace relations system. The regulations were formulated to ensure that organisations comply with the standards set forth in the Fair Work Act 2009, which replaced and consolidated various previous workplace relations laws. These regulations were enacted by the Parliament of Australia to provide detailed procedural and administrative guidelines that supplement the overarching Act, addressing gaps and complexities that a principal Act alone might not sufficiently cover. The overarching policy objective of these regulations is to maintain fair work practices, protect the rights of employees and employers, and ensure the accountability and transparency of registered organisations within the federal workplace relations system.
Scope and Application
The Fair Work (Registered Organisations) Regulations 2009 apply to associations of employers or employees seeking to be registered as organisations under the Fair Work (Registered Organisations) Act 2009. They also govern the registration process, the conduct of amalgamations and ballots, and the management of rules and finances for registered organisations. These regulations cover the entire Commonwealth of Australia and set out specific forms and procedures for lodging applications, objections, and other documents with the Fair Work Commission (FWC) and the Australian Electoral Commission (AEC). They also outline the process for the cancellation of registration, the conduct of ballots and elections, and the imposition of civil penalties for breaches. Certain organisations, such as those already recognised under state laws, may be exempt from some provisions. The application and enforcement of these regulations can be further modified through subordinate instruments, allowing for adjustments to specific industries or conduct without altering the primary legislation. The regulations provide detailed provisions on how to make, lodge, and serve documents, the requirements for registration and ballot processes, and the forms to be used for various applications and notices.
Key Provisions
- The Fair Work (Registered Organisations) Regulations 2009 provide detailed rules to support the operation of the Fair Work (Registered Organisations) Act 2009. These regulations encompass a variety of provisions, including the lodgment and publication of documents (regs 12-16), the registration and cancellation of organisations (regs 21-36), the conduct of amalgamations and withdrawals from amalgamations (regs 37-111), and the conduct of ballots and elections (regs 112-146). For example, regulation 21 outlines the application process for an association seeking registration as an organisation, requiring detailed information about the association's members and rules. Regulation 22 mandates the General Manager to publish a notice in the Gazette once an application for registration is received. Regulation 33 details the process for an organisation to apply for the cancellation of its registration, including the need for a ballot if membership supports the cancellation. Regulation 131 specifies the procedural aspects of preparing and inspecting voter rolls for elections, ensuring transparency and fairness in the electoral process.
- These regulations impose several obligations on the parties involved. Associations and organisations must lodge specific documents with the Fair Work Commission (FWC) and the Australian Electoral Commission (AEC) as required (regs 13, 14, 55, 122, 145). They must also ensure that any objections to registration or amalgamation are lodged within specified timeframes and contain particular details (regs 23, 46, 56, 124). Additionally, associations must keep certain records and make them available for inspection (regs 20, 147). The AEC is responsible for conducting ballots and elections in accordance with prescribed procedures to maintain the integrity of the voting process (regs 64, 65, 102, 112).
- Failure to comply with these regulations can result in various penalties and consequences. For instance, if an electoral official does not comply with directions given under the regulations, they may face a civil penalty of up to 10 penalty units (reg 68(8)). Any person who obstructs the conduct of a ballot or election may also incur a civil penalty of up to 5 penalty units for an individual and 10 penalty units for a body corporate (regs 87(2), 112(2)). Furthermore, regulation 168 identifies specific provisions as civil penalty provisions, allowing the Federal Court to impose pecuniary penalties for contraventions (reg 169). The regulations also outline the process for making applications for orders and the types of evidence that can be used in proceedings (regs 131, 132, 137, 138). These provisions are designed to ensure compliance with the Act and maintain the proper functioning of registered organisations within the Australian industrial relations framework.
- Area of Law
- Employment & Labour Law
- Industrial Relations Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Civil Penalty Provisions
- Compliance Obligations
- Enforcement Powers