Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009


TABLE OF PROVISIONS

           Long Title

            

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  
   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 prohibited conduct  
   24.     Certain actions considered to be done by organisation or employer  

           Division 4--Registration process

   25.     Applicant for registration may change its name or alter its rules  
   26.      Registration  
   26A.    Validation of registration  
   27.     Incorporation  

   PART 3--CANCELLATION--OF REGISTRATION

   28.     Application for cancellation of registration  
   29.     Orders where cancellation of registration deferred  
   30.     Cancellation of registration on technical grounds etc.  
   31.     Cancellation to be recorded  
   32.     Consequences of cancellation of registration  

   PART 4--FWC----POWERS UNDER THIS CHAPTER

   33.     Powers exercisable by President, a Vice President or a Deputy President  
            

CHAPTER 3--Amalgamation and withdrawal from amalgamation
            

   PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

   34.     Simplified outline  

   PART 2--AMALGAMATION--OF ORGANISATIONS

           Division 1--General

   35.     Definitions  
   36.     Procedure to be followed for proposed amalgamation etc.  
   37.     Exercise of the FWC's powers under this Part  

           Division 2--Preliminary matters

   38.     Federations  
   39.     Use of resources to support proposed amalgamation  

           Division 3--Commencement of amalgamation procedure

   40.     Scheme for amalgamation  
   41.     Alternative scheme for amalgamation  
   42.     Approval by committee of management  
   43.     Community of interest declaration  
   44.     Application for approval for submission of amalgamation to ballot  
   45.     Holding office after amalgamation  
   46.     Application for exemption from ballot  
   47.     Application for ballot not conducted under section 65  
   48.     Lodging "yes" case  

           Division 4--Role of AEC

   49.     Ballots to be conducted by AEC  
   50.     Notification of AEC  
   51.     Providing information etc. to electoral officials  
   52.     Declaration by secretary etc. of organisation  

           Division 5--Procedure for approval of amalgamation

   53.     Fixing hearing in relation to amalgamation etc.  
   54.     Submissions at amalgamation hearings  
   55.     Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.  
   56.     Objections in relation to amalgamation involving extension of eligibility rules etc.  
   57.     Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.  
   58.     Fixing commencing and closing days of ballot  
   59.     Roll of voters for ballot  
   60.     "Yes" case and "no" case for amalgamation  
   61.     Alteration and amendment of scheme  
   62.     Outline of scheme for amalgamation  
   63.     Exemption from ballot  
   64.     Approval for ballot not conducted under section 65  
   65.     Secret postal ballot of members  
   66.     Determination of approval of amalgamation by members  
   67.     Further ballot if amalgamation not approved  
   68.     Post - ballot report by AEC  
   69.     Inquiries into irregularities  
   70.     Approval of amalgamation  
   71.     Expenses of ballot  
   72.     Offences in relation to ballot  

           Division 6--Amalgamation taking effect

   73.     Action to be taken after ballot  
   74.     Assets and liabilities of de - registered organisation become assets and liabilities of amalgamated organisation  
   75.     Resignation from membership  
   76.     Effect of amalgamation on modern awards, orders and enterprise agreements  
   77.     Effect of amalgamation on agreement under section 151  
   78.     Instruments  
   79.     Pending proceedings  
   80.     Division applies despite laws and agreements prohibiting transfer etc.  
   81.     Amalgamated organisation to take steps necessary to carry out amalgamation  
   82.     Certificates in relation to land and interests in land  
   83.     Certificates in relation to charges  
   84.     Certificates in relation to shares etc.  
   85.     Certificates in relation to other assets  
   86.     Other matters  
   87.     Federal Court may resolve difficulties  

           Division 7--Validation

   88.     Validation of certain acts done in good faith  
   89.     Validation of certain acts after 4 years  
   90.     Orders affecting application of section 88 or 89  
   91.     Federal Court may make orders in relation to consequences of invalidity  

   PART 3--WITHDRAWAL--FROM AMALGAMATIONS

           Division 1--General

   92.     Object of Part  
   93.     Definitions etc.  

           Division 2--Ballots for withdrawal from amalgamated organisations

   94.     Applications to the FWC for ballots  
   95.     Outline of proposed withdrawal  
   96.     Filing the "yes" case  
   97.     Filing the "no" case  
   98.     Provisions relating to outlines and statements of "yes" and "no" cases  
   99.     Notifying of applications for ballots  
   100.    Orders for ballots  
   101.    Financial members only eligible to vote  
   102.    Conduct of ballots  
   103.    Providing information etc. to electoral officials  
   104.    Declaration by secretary etc. of organisation  
   105.    Offences in relation to ballots  
   106.    Certificate showing particulars of the ballot  
   107.    Post - ballot report by AEC  
   108.    Inquiries into irregularities  
   108A.   Powers of the FWC to be exercised by President or Full Bench  

           Division 3--Giving effect to ballots

   109.    Determining the day of withdrawal  
   110.    Registration of constituent part  
   111.    Choice of organisation following withdrawal of separately identifiable constituent part  
   112.    Members of amalgamated organisation may join newly registered organisation  
   113.    Orders of the FWC, modern awards etc. made before withdrawal  
   113A.   Enterprise agreements made after withdrawal  
   114.    Effect of withdrawal on agreement under section 151  
   115.    Instruments  
   116.    Pending proceedings  
   117.    Division applies despite laws and agreements prohibiting transfer etc.  
   118.    Amalgamated organisation, constituent part and newly registered organisation to take necessary steps  
   119.    Certificates in relation to land and interests in land  
   120.    Certificates in relation to charges  
   121.    Certificates in relation to shares etc.  
   122.    Certificates in relation to other assets  
   123.    Holding office after withdrawal  
   124.    Other matters  
   125.    Federal Court may resolve difficulties  

           Division 4--Validation

   126.    Validation of certain acts done in good faith  
   127.    Validation of certain acts after 4 years  
   128.    Orders affecting application of section 126 or 127  
   129.    Federal Court may make orders in relation to consequences of invalidity  

           Division 5--Miscellaneous

   130.    Certain actions etc. not to constitute breach of rules of amalgamated organisation  
   131.    Amalgamated organisation not to penalise members etc.  
            

CHAPTER 4--Representation orders
            

   PART 1--SIMPLIFIED--OUTLINE

   132.    Simplified outline  

   PART 2--REPRESENTATION--ORDERS

   133.    Orders about representation rights of organisations of employees  
   134.    Preconditions for making of orders  
   135.    Factors to be taken into account by the FWC  
   136.    Order may be subject to limits  
   137.    Organisation must comply with order  

   PART 3--REPRESENTATION--ORDERS FOR WORKPLACE GROUPS

   137A.   Orders about representation rights of organisations of employees  
   137B.   Factors to be taken into account by the FWC  
   137C.   Submissions by peak councils  
   137D.   Order may be subject to limits  
   137E.   Organisation must comply with order  

   PART 4--MISCELLANEOUS

   137F.   FWC may make orders reflecting State representation orders  
   138.    Exercise of the FWC's powers under this Chapter  
   138A.   Representation rights of former State - registered associations  
            

CHAPTER 5--Rules of organisations
            

   PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

   139.    Simplified outline  

   PART 2--RULES--OF ORGANISATIONS

           Division 1--General

   140.    Organisations to have rules  
   141.     Rules of organisations  
   142.    General requirements for rules  
   142A.    Model rules for policies relating to expenditure  

           Division 2--Rules relating to elections for office

   143.    Rules to provide for elections for offices  
   144.    Rules to provide for elections for office by secret postal ballot  
   145.    Rules to provide for terms of office  
   146.    Rules may provide for filling of casual vacancies  
   147.    Model rules for conduct of elections  

           Division 3--Rules relating to conduct of officers and employees

   148.    Model rules about conduct of officers and employees  

           Division 4--Other rules

              Subdivision A--Loans, grants and donations

   149.    Rules to provide conditions for loans, grants and donations by organisations  

              Subdivision B--Agreements between organisations and State unions

   150.    Definitions  
   151.    Membership agreements  
   152.    Assets and liabilities agreements  
   153.    Party to section 152 agreement may apply to Federal Court for orders  
   154.    Termination of section 152 agreement  

              Subdivision BA--Branches of organisations

   154A.   Branch autonomy  
   154B.   Branch funds  

              Subdivision C--Miscellaneous

   155.    Exercise of the FWC's powers under this Division  

           Division 5--Alteration of rules and evidence of rules

   156.     General Manager may determine alterations of rules  
   157.     FWC may determine alteration of rules where there has been a breach of an undertaking  
   158.    Change of name or alteration of eligibility rules of organisation  
   158A.   Alteration of eligibility rules of organisation by General Manager  
   159.    Alteration of other rules of organisation  
   160.    Certain alterations of rules to be recorded  
   161.    Evidence of rules  
   162.     Powers of the FWC  

   PART 3--VALIDITY--AND PERFORMANCE OF RULES ETC

   163.    Rules contravening section 142  
   164.    Directions for performance of rules  
   164A.    Directions to rectify breach of rule of organisation  
   164B.   Orders under sections 164 and 164A  
            

CHAPTER 6--Membership of organisations
            

   PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

   165.    Simplified outline  

   PART 2--ENTITLEMENT--TO MEMBERSHIP

   166.    Entitlement to become and to remain a member  
   167.    Federal Court may declare on person's entitlement to membership  
   168.    Application for membership of organisation by person treated as having been a member  
   169.    Request by member for statement of membership  
   170.    Rectification of register of members  

   PART 3--TERMINATION--OF MEMBERSHIP

   171.    Federal Court may order that persons cease to be members of organisations  
   171A.   Cessation of membership if member is not an employee etc.  
   172.    Non - financial members to be removed from the register  
   173.    No entrance fee if person re - joins within 6 months  
   174.    Resignation from membership  

   PART 4--FALSE--INFORMATION, DISPUTES AND ARREARS OF DUES

   175.    False representation as to membership of organisation  
   176.    False representation about resignation from organisation  
   177.    Disputes between organisations and members  
   178.    Recovery of arrears  
   179.    Liability for arrears  

   PART 5--CONSCIENTIOUS--OBJECTION TO MEMBERSHIP

   180.    Conscientious objection to membership of organisations  
            

CHAPTER 7--Democratic control
            

   PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

   181.    Simplified outline  

   PART 2--CONDUCT--OF ELECTIONS FOR OFFICE AND OTHER POSITIONS

   182.    Conduct by AEC  
   183.    Application for organisation or branch to conduct its elections for office  
   184.    Objections to application to conduct elections for office  
   185.    Threats etc. in relation to section 184 objections  
   186.    General Manager may permit organisation or branch to conduct its elections for office  
   187.    Organisation may ask AEC to conduct elections for positions other than offices  
   188.    Declaration envelopes etc. to be used for postal ballots  
   189.    General Manager to arrange for conduct of elections  
   190.    Organisation or branch must not assist one candidate over another  
   191.    Organisation to provide returning officer with copy of register  
   192.    Declaration by secretary etc. of organisation  
   193.    Provisions applicable to elections conducted by AEC  
   194.    Hindering or obstructing electoral official or other person  
   195.    Improper interference with election process  
   196.    Death of candidate  
   197.    Post - election report by AEC  
   198.    Organisation to respond to adverse report on rules  
   199.     Ballot papers etc. to be preserved  

   PART 3--INQUIRIES--INTO ELECTIONS FOR OFFICE

   200.    Application for inquiry  
   201.    Instituting of inquiry  
   202.    Federal Court may authorise General Manager to take certain action  
   203.    Identity cards  
   204.    Interim orders  
   205.    Procedure at hearing  
   206.    Action by Federal Court  
   207.    General Manager to make arrangements for conduct of elections etc.  
   208.    Enforcement of orders  
   209.    Validity of certain acts etc. where election declared void  

   PART 4--DISQUALIFICATION--FROM OFFICE

           Division 1--Simplified outline of Part

   210.    Simplified outline  

           Division 2--Persons who have been convicted of a prescribed offence

   211.    Simplified outline of Division  
   212.    Meaning of prescribed offence  
   213.    Meaning of convicted of a prescribed offence  
   213A.   Meaning of exclusion period and reduced exclusion period  
   214.    Certificate of registrar etc. is evidence of facts  
   215.    Certain persons disqualified from holding office in organisations  
   216.    Application for leave to hold office in organisations by prospective candidate for office  
   217.    Application for leave to hold office in organisations by office holder  
   218.    Federal Court to have regard to certain matters  
   219.    Action by Federal Court  
   220.    Part not to affect spent convictions scheme  
            

CHAPTER 8--Records and accounts
            

   PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

   229.    Simplified outline  

   PART 2--RECORDS--TO BE KEPT AND LODGED BY ORGANISATIONS

   230.    Records to be kept and lodged by organisations  
   231.    Certain records to be held for 7 years  
   232.    Offence to interfere with register or copy  
   233.    Obligation to lodge information with the FWC  
   234.    Storage of records  
   235.    General Manager may authorise access to certain records  
   236.    General Manager may direct organisation to deliver copy of records  
   237.    Organisations to notify particulars of loans, grants and donations  

   PART 3--ACCOUNTS--AND AUDIT

           Division 1--Preliminary

   238.    Simplified outline  
   239.    Part only applies to financial years starting after registration  
   240.    Financial years--change in financial year  
   241.    Exemptions from certain Australian Accounting Standards  

           Division 2--Reporting units

   242.    What is a reporting unit?  
   243.    Designated officers  
   244.    Members, staff and journals etc. of reporting units  
   245.    Determination of reporting units  
   246.    Determination of reporting units--application by organisation  
   247.    Determination of reporting units--General Manager initiative  
   248.    Determination of reporting units--years certificate applies to  
   249.    Determination of reporting units--revocation of certificates  
   250.    Determination of reporting units--rule alterations  
   251.    Determination of reporting units--later certificate revokes earlier certificate  

           Division 3--Accounting obligations

              Subdivision A--General obligations

   252.    Reporting unit to keep proper financial records  
   253.    Reporting unit to prepare general purpose financial report  
   254.    Reporting unit to prepare operating report  

              Subdivision B--Reporting guidelines

   255.    Reporting guidelines  

           Division 4--Auditors

              Subdivision A--Registration of auditors

   255A.   Applications may be made for registration as an auditor  
   255B.   Registration by General Manager  
   255C.   Circumstances in which a person meets educational etc. requirements  
   255D.   General Manager must give an opportunity to be heard before refusal and written notice of decision  
   255E.   Refusal to grant an application for registration  
   255F.   General Manager must give certificate of registration  
   255G.   Cancellation and suspension of registration--general  
   255H.   Cancellation and suspension of registration--person no longer a registered company auditor  
   255J.   Written notice to be given of cancellation or suspension of registration  
   255K.   Registered auditors to advise of material changes in circumstance etc.  
   255L.   General Manager may request further information  
   255M.   Basis of registration  
   255N.   Regulations  

              Subdivision B--Audits

   256.    Auditors of reporting units  
   256A.   Limited term to play significant role in audit of a reporting unit  
   257.    Powers and duties of auditors  
   258.    Obstruction etc. of auditors  
   259.    Reporting unit to forward notices etc. to auditor  
   260.    Auditor entitled to attend meetings at which report presented  
   261.    Auditors and other persons to enjoy qualified privilege in certain circumstances  
   262.    Fees and expenses of auditors  
   263.    Removal of auditor  
   264.    Resignation of auditor  

           Division 5--Reporting requirements

   265.    Copies of full report or concise report to be provided to members  
   266.    Full report to be presented to meetings  
   267.    Comments by committee members not to be false or misleading  
   268.    Reports etc. to be lodged with the FWC  

           Division 6--Reduced reporting requirements for particular reporting units

   269.    Reporting units with substantial common membership with State registered bodies  
   270.    Organisations with income of less than certain amount  
   271.    Exemption from this Part of certain reporting units  

           Division 7--Members' access to financial records

   272.    Information to be provided to members or General Manager  
   273.    Order for inspection of financial records  
   274.    Frivolous or vexatious applications  
   275.    Ancillary orders  
   276.    Disclosure of information acquired in inspection  
   277.    Reporting unit or committee of management may allow member to inspect books  
   278.    FWC to be advised of breaches of Part or rules etc. found during inspection  
   279.    Constitution of the FWC  

   PART 4--ACCESS--TO ORGANISATIONS' BOOKS

   280.    Right of access to organisation's books  
            

CHAPTER 9--Conduct of officers and employees
            

   PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

   281.    Simplified outline  

   PART 2--GENERAL--DUTIES IN RELATION TO THE FINANCIAL MANAGEMENT OF ORGANISATIONS

           Division 1--Preliminary

   282.    Simplified outline  
   283.    Part only applies in relation to financial management  
   284.    Meaning of involved  

           Division 2--General duties in relation to the financial management of organisations

   285.    Care and diligence--civil obligation only  
   286.    Good faith--civil obligations  
   287.    Use of position--civil obligations  
   288.    Use of information--civil obligations  
   289.    Effect of ratification by members  
   290.    Compliance with statutory duties  
   290A.   Good faith, use of position and use of information--criminal offences  
   291.    Interaction of sections 285 to 289 and 290A with other laws etc.  
   292.    Reliance on information or advice provided by others  
   293.    Responsibility for actions of other person  

   PART 2A--DISCLOSURE--OBLIGATIONS

           Division 1--Preliminary

   293A.   Simplified outline  

           Division 2--Disclosure obligations and restrictions on taking part in making decisions

   293B.   Disclosure of remuneration paid to officers  
   293BA.  Immediate disclosure  
   293BB.  Standing disclosure of remuneration  
   293BC.  Disclosure of certain remuneration and benefits by organisations and branches  
   293C.   Disclosure of material personal interests of officers  
   293D.   Officer may give members of committee of management standing notice about an interest  
   293E.   Interaction of section 293C and 293D with other laws  
   293F.   Restrictions on taking part in making decisions  
   293G.   Disclosure of payments made by an organisation or a branch  
   293H.   Section 293G--order for alternative disclosure arrangement  

           Division 3--Officer and related party disclosure statements

   293J.   Officer and related party disclosure statements  

           Division 4--Training in relation to financial duties

   293K.   Officers to undertake approved training  
   293L.   Approved training  
   293M.   General Manager may grant exemption from financial training  

   PART 3--GENERAL--DUTIES IN RELATION TO ORDERS AND DIRECTIONS

           Division 1--Preliminary

   294.    Simplified outline  
   295.    Meaning of involved  
   296.    Application to officers and employees of branches  

           Division 2--General duties in relation to orders and directions

   297.    Order or direction applying to organisation--civil obligation  
   298.    Prohibition order or direction applying to organisation--civil obligation  
   299.    Order or direction applying to officer--civil obligation  
   300.    Prohibition order or direction applying to officer--civil obligation  
   301.    Order or direction applying to employee--civil obligation  
   302.    Prohibition order or direction applying to employee--civil obligation  
   303.    Order or direction applying to member of organisation--civil obligation  
   303A.   Application of this Division  
            

CHAPTER 10--Compliance and enforcement
            

   PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

   304.    Simplified outline  

   PART 2--CIVIL--PENALTIES

   305.    Civil penalty provisions  
   306.    Pecuniary penalty orders that the Federal Court may make  
   307.    Compensation orders  
   307A.   Disqualification orders  
   308.    Other orders  
   309.    Effect of section 307  
   310.    Who may apply for an order  
   311.    Civil proceedings after criminal proceedings  
   312.    Criminal proceedings during civil proceedings  
   313.    Criminal proceedings after civil proceedings  
   314.    Evidence given in proceedings for penalty not admissible in criminal proceedings  
   315.    Relief from liability for contravention of civil penalty provision  
   316.    Power to grant relief  

   PART 3--INFRINGEMENT--NOTICES

   316A.   Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act  
   316B.   Infringement officers  

   PART 4--ENFORCEABLE--UNDERTAKINGS

   316C.   Enforceable undertakings  
            

CHAPTER 11--Miscellaneous
            

   PART 1--SIMPLIFIED--OUTLINE OF CHAPTER

   317.    Simplified outline  

   PART 2--VALIDATING--PROVISIONS FOR ORGANISATIONS

   318.    Definition  
   319.    Validation of certain acts done in good faith  
   320.    Validation of certain acts after 4 years  
   321.    Order affecting application of section 319 or 320  
   322.    Federal Court may make orders in relation to consequences of invalidity  
   323.    Federal Court may order reconstitution of branch etc.  

   PART 3--FINANCIAL--ASSISTANCE AND COSTS

           Division 1--Financial assistance

   324.    Authorisation of financial assistance  
   325.    Federal Court may certify that application was reasonable  
   326.    Applications under sections 163, 164, 164A and 167  
   327.    Fees for 2 counsel not normally to be paid  
   328.    Powers of Federal Court not affected  

           Division 2--Costs

   329.    Costs only where proceeding instituted vexatiously etc.  

   PART 3A--FUNCTIONS--OF GENERAL MANAGER

   329A.   Functions of the General Manager  
   329C.   Minister may require reports  
   329D.   Annual report  

   PART 3B--INFORMATION--SHARING

   329G.   When information may be disclosed  

   PART 4--INQUIRIES--AND INVESTIGATIONS

           Division 1--Inquiries

   330.    General Manager may make inquiries  

           Division 2--Investigations

   331.    General Manager may conduct investigations  
   332.    Investigations arising from auditor's report  
   333.    Investigations arising from request from members  
   334.    Investigations arising from referral under section 278  
   335.    Conduct of investigations  
   335B.   Investigations to be completed as soon as practicable  

           Division 3--Questioning on oath or affirmation

   335C.   When this Division applies  
   335D.   Requirements made of attendee  
   335E.   Questioning to take place in private  
   335F.   Attendee's lawyer  
   335G.   Record of statements  
   335H.   Copies given subject to conditions  

           Division 4--Powers in relation to documents

   335K.   Application for warrant to seize documents  
   335L.   Grant of warrant  
   335M.   Execution of warrant  
   335N.   Powers in relation to documents produced or seized  
   335P.   Powers if documents not produced  
   335Q.   Power to require person to identify property of an organisation  

           Division 5--Action following investigations

   336.    Action in relation to reporting units  

           Division 6--Offences

   337.    Offences in relation to investigation by General Manager  
   337AA.  Strict liability offences  
   337AB.  Obstructing person acting under this Part  
   337AC.  Concealing documents relevant to investigation  
   337AD.  Self - incrimination  
   337AE.  Legal professional privilege  

           Division 7--Evidentiary use of certain material

   337AF.  Statements made on oath or affirmation during an investigation--proceedings against attendee  
   337AG.  Statements made on oath or affirmation during an investigation--other proceedings  
   337AH.  Weight of evidence admitted under section 337AG  
   337AJ.  Objection to admission of statements made on oath or affirmation during an investigation  
   337AK.  Copies of, or extracts from, certain documents  
   337AL.  Material otherwise admissible  

           Division 8--Miscellaneous

   337AM.  Evidence of authority  
   337AN.  Application of Evidence Act  
   337AP.  Allowances and expenses  
   337AQ.  Compliance with Part  

   PART 4A--PROTECTION--FOR WHISTLEBLOWERS

           Division 1--Protected disclosures

   337A.   Disclosures qualifying for protection under this Part  

           Division 2--Protections

   337B.   Disclosure that qualifies for protection not actionable etc.  
   337BA.  What constitutes taking a reprisal  
   337BB.  Civil remedies  
   337BC.  Costs only if proceedings instituted vexatiously etc.  
   337BD.  Civil penalties  
   337BE.  Criminal offences  
   337BF.  Interaction between civil remedies, civil penalties and criminal offences  
   337BG.  Protections have effect despite other Commonwealth laws  

           Division 3--Investigation of protected disclosures

   337C.   Allocation of handling of disclosure  
   337CA.  Investigation of disclosure  
   337CB.  Time limit for investigations under this Division  
   337CC.  Regulations in relation to allocation and investigation  
   337CD.  Disclosure to enforcement agencies  
   337CE.  Protection of witnesses etc.  

           Division 4--Miscellaneous

   337D.   Reference to this Part  
   337DA.  Liability for acts and omissions  
   337DB.  Concurrent operation of State and Territory laws  
   337DC.  Law relating to legal professional privilege not affected  
   337DD.  Other investigative powers etc. not affected  

   PART 4B--FUNCTIONS--AND POWERS OF THE FWC

   337F.   Powers of inspection  
   337G.   Parties to proceedings  
   337H.   Kinds of orders  
   337J.   Relief not limited to claim  
   337K.   Publishing orders  

   PART 5--JURISDICTION--OF THE FEDERAL COURT OF AUSTRALIA

   338.    Conferring jurisdiction on the Federal Court  
   339.    Exclusive jurisdiction  
   339A.   Exercising jurisdiction in the Fair Work Division of the Federal Court  
   340.    Exercise of Court's original jurisdiction  
   341.    Reference of proceedings to Full Court  
   342.    Appeal to the Court from certain judgments  

   PART 6--OTHER

   343.    Delegation by Minister  
   343A.   Delegation by General Manager  
   344.    Conduct by officers, directors, employees or agents  
   345.    Right to participate in ballots  
   346.    Requests by members for information concerning elections and certain ballots  
   347.    Providing copy of rules or list of offices etc. on request by member  
   348.    Certificate as to membership of organisation  
   349.    List of officers to be evidence  
   350.    Unauthorised collection of money  
   351.    No imprisonment in default  
   351A.   Minister's entitlement to intervene  
   352.    Jurisdiction of courts limited as to area  
   353.    Public sector employer to act through employing authority  
   353A.   Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)  
   354.    Proceedings by and against unincorporated clubs  
   355.    Inspection of documents etc.  
   356.    Trade secrets etc. tendered as evidence  
   357.    Application of penalty  
   358.    Enforcement of penalties etc.  
   359.    Regulations  

   PART 7--COMPLEMENTARY--REGISTRATION SYSTEMS

           Division 1--Application of this Part

   360.    Complementary registration systems  

           Division 2--Preliminary

   361.    Definitions  

           Division 3--Branch rules

   362.     Branch funds  
   363.    Obligations of the FWC in relation to application under section 158  
   364.    Branch autonomy  
   365.    Organisation may participate in State systems  

           Division 4--Amalgamation of organisation and associated body

   366.    Organisation and associated body may amalgamate  
   367.    Procedure for amalgamation  

           Division 5--Exercise of the FWC's powers

   368.    Exercise of the FWC's powers under this Part  
           SCHEDULE 1 Transitionally recognised associations
           SCHEDULE 2 Recognised State-registered associations


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback