Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 5C.
1 Recognition of State - registered associations
(1) A State - registered association may apply to the General Manager for recognition under this Schedule if:
(a) the association has no federal counterpart; and
(b) the law of a State under which the association is registered is a law to which subclause (2) applies.
(2) This subclause applies to a law of a State if the regulations so provide.
(3) The application must be accompanied by:
(a) a copy of the current rules of the association; and
(b) a statement setting out:
(i) the address of the association; and
(ii) each office in the association; and
(iii) the name and address of each person holding office in the association.
(4) If the General Manager is satisfied that the association satisfies subclause (1), the General Manager must, by written instrument, grant the application and record the fact that he or she is so satisfied.
(5) An instrument under subclause (4) is not a legislative instrument.
(6) The General Manager must give a copy of the instrument to the association.
(7) A State - registered association is taken to be recognised under this Schedule when the General Manager grants the application.
2 Application of Fair Work Act to recognised State - registered associations
(1) The provisions of the Fair Work Act 2009 and Part 3 of Chapter 4 of this Act apply in relation to a recognised State - registered association:
(a) in the same way as they apply in relation to an organisation; and
(b) as if a recognised State - registered association were a person.
(2) To avoid doubt, this section does not confer on a recognised State - registered association:
(a) a legal identity that it would not otherwise have; or
(b) a right to represent its members' industrial interests outside the State in relation to which it is a State - registered association.
Cancellation by the Federal Court
(1) A person interested or the Minister may apply to the Federal Court for an order cancelling the recognition under this Schedule of a recognised State - registered association on the ground that:
(a) the conduct of:
(i) the association (in relation to its continued breach of an order of the FWC or an industrial instrument, or its continued failure to ensure that its members comply with and observe an order of the FWC or an industrial instrument, or in any other respect); or
(ii) a substantial number of the members of the association (in relation to their continued breach of an order of the FWC or an industrial instrument, or in any other respect);
has, on or after the commencement of this Schedule, prevented or hindered the achievement of an object of this Act as in force at that time; or
(b) the association, or a substantial number of the members of the association or of a section or class of members of the association, has engaged in industrial action (other than protected industrial action) that has, on or after the commencement of this Schedule, prevented, hindered or interfered with:
(i) the activities of a federal system employer; or
(ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or
(c) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have been, or is or are, engaged, on or after the commencement of this Schedule, in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or
(d) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have failed to comply with one of the following, made on or after the commencement of this Schedule:
(i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action);
(ii) an order made under the Fair Work Act in relation to a contravention of Part 3 - 1 of that Act (which deals with general protections);
(iii) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction under a provision mentioned in subparagraph (i) or (ii);
(iv) an order under section 23 of this Act (which deals with contraventions of the employee associations provisions).
(2) The Court must give the association an opportunity to be heard.
(3) If the Court:
(a) finds that a ground for cancellation set out in the application has been established; and
(b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the association in relation to the matters;
the Court must cancel the recognition of the association under this Schedule.
(4) A finding of fact in:
(a) proceedings commenced on or after the commencement of this Schedule:
(i) under section 421 of the Fair Work Act; or
(ii) under the Fair Work Act in relation to a contravention of Part 3 - 1 of that Act; or
(b) proceedings under section 23 of this Act;
is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(d).
Cancellation by the FWC
(5) The FWC may cancel the recognition under this Schedule of a recognised State - registered association:
(a) on application by the association made under the regulations; or
(b) on application by a person interested or by the Minister, if the FWC has satisfied itself, as prescribed:
(i) that the association was recognised by mistake; or
(ii) that the association is no longer a State - registered association; or
(iii) that the association has been found by another industrial body (within the meaning of the Fair Work Act) to have contravened a State or Territory industrial law, and that the contravention constitutes serious misconduct.
Cancellation by General Manager
(6) The General Manager may, by written instrument, cancel the recognition under this Schedule of a recognised State - registered association if he or she is satisfied that the association no longer exists.
(7) An instrument under subclause (6) is not a legislative instrument.
Cancellation if subclause 1(2) no longer applies
(8) The recognition under this Schedule of a recognised State - registered association is taken to be cancelled if the law of a State under which the association is registered ceases to be a law to which subclause 1(2) applies.