New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 239

239 Rules may provide for elections for offices in State branch of Federal organisation to be elections for purposes of State organisation

(1) The rules of a State organisation registered under this Chapter may provide that persons elected to offices in a State branch of a Federal organisation are taken to be validly elected to the corresponding offices in the State organisation registered under this Chapter if the Industrial Registrar is satisfied that--

(a) the membership of the State branch of the Federal organisation and the State organisation registered under this Chapter is identical or substantially similar, and

(b) the rules of the State branch of the Federal organisation relating to the election of the holders of offices comply substantially with the requirements relating to election of the holders of offices under this Act.

(2) The regulations may specify circumstances in which--

(a) the membership of organisations is or is not substantially similar for the purposes of subsection (1) (a), or

(b) the rules of an organisation comply or do not comply substantially with the relevant provisions for the purposes of subsection (1) (b).

(3) In this section,
"State branch of a Federal organisation" means a State branch of an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.