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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 24

Certain actions considered to be done by organisation or employer

  (1)   For the purposes of this Division:

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

  (i)   the committee of management of the organisation;

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

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

  (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

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

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

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

  (i)   a committee of management of the organisation; or

  (ii)   a person authorised by the committee; or

  (iii)   an officer of the organisation;

    has taken reasonable steps to prevent the action; or

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

  (3)   In this section:

"officer" , in relation to an organisation, includes:

  (a)   a delegate or other representative of the organisation; and

  (b)   an employee of the organisation.


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