New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 295

295 Demarcation orders--coverage of industrial organisations of employees

(1) The demarcation orders that the Commission may make include (but are not limited to) any one or more of the following orders--

(a) an order that an industrial organisation of employees is to have the right, to the exclusion of another such organisation or other such organisations, to represent under this Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation,

(b) an order that an industrial organisation of employees that does not have the right to represent under this Act the industrial interests of a particular class or group of employees is to have that right,

(c) an order that an industrial organisation of employees is not to have the right to represent under this Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.

(2) When the Commission makes a demarcation order, the Commission may, after giving each industrial organisation and each State peak council concerned an opportunity to be heard, require the rules of the organisation to be altered in accordance with the demarcation order or a subsequent order of the Commission so as to give effect to the demarcation order.

(3) Such a requirement has effect as follows--

(a) In the case of a State organisation incorporated under this Act, the rules of the organisation are altered as specified in the order by force of this section.

(b) In any other case, the Commission may cancel the registration of the organisation under Part 3 if the organisation does not alter its rules as specified in the order within the time allowed by the order.