New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 217

217 Organisations capable of applying for registration

(1) Any of the following organisations may apply to the Industrial Registrar to be registered under this Chapter--

(a) an organisation of employees or employers that is formed for the purpose of its incorporation under this Act, other than a federally registered organisation (or a branch of such an organisation) or another organisation which is already incorporated under the Corporations Act 2001 of the Commonwealth, the Associations Incorporation Act 2009 or any other Act (a
"State organisation" ),

(b) subject to subsection (2), an organisation of employees or employers that is a federally registered organisation (without branches) or a branch of such an organisation (a
"federal organisation" ),

(c) an organisation of employers that is incorporated under the Corporations Act 2001 of the Commonwealth, Associations Incorporation Act 2009 or any other Act, other than a federally registered organisation (a
"separate organisation" ).

(2) A federal organisation of employees cannot apply for registration under this Chapter unless the application is made with the consent of each registered State organisation of employees whose constitutional coverage extends to all or any of the class of members proposed to be covered by the federal organisation.

(3) The regulations may declare that any specified organisation or class of organisation is capable, or is taken, to be registered under this Chapter. The regulations may modify the application of this Chapter in respect of any such organisation.

(4) In this section,
"federally registered organisation" means an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.