FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009
Table of Provisions
CHAPTER 1--Preliminary
- 1 Short title
- 2 Commencement
- 5 Parliament's intention in enacting this Act
- 5A Act binds Crown
- 5B Schedule 1 has effect
- 5C Schedule 2 has effect
- 6 Definitions
- 7 Relationships
- 9 Meaning of
- 9A Meaning of
- 9B Meaning of
- 10 Forging and uttering
- 11 Actions and opinions of AEC
- 12 Membership of organisations
- 13 Additional function of the FWC
- 15 Disapplication of Part 2.5 of
- 16 Contravening an offence provision or a civil penalty provision
CHAPTER 2--Registration and cancellation of registration
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER
- 17 Simplified outline
PART 2--REGISTRATION
DIVISION 1--Types of associations that may apply for registration- 18 Employer and employee associations may apply
- 18A Federally registrable employer associations
- 18B Federally registrable employee associations
- 18C Federally registrable enterprise associations
- 18D Constitutional validity DIVISION 2--Registration criteria
- 19 Criteria for registration of associations other than enterprise associations
- 20 Criteria for registration of enterprise associations DIVISION 3--Prohibited conduct in relation to formation or registration of employee associations
- 21 Prohibited conduct--employers
- 22 Prohibited conduct--organisations
- 23 Powers of Federal Court in relation to prohibited conduct
- 24 Certain actions considered to be done by organisation or employer DIVISION 4--Registration process
- 25 Applicant for registration may change its name or alter its rules
- 26 Registration
- 26A Validation of registration
- 27 Incorporation
PART 3--CANCELLATION--OF REGISTRATION
- 28 Application for cancellation of registration
- 29 Orders where cancellation of registration deferred
- 30 Cancellation of registration on technical grounds etc.
- 31 Cancellation to be recorded
- 32 Consequences of cancellation of registration
PART 4--FWC----POWERS UNDER THIS CHAPTER
- 33 Powers exercisable by President, a Vice President or a Deputy President
CHAPTER 3--Amalgamation and withdrawal from amalgamation
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER
- 34 Simplified outline
PART 2--AMALGAMATION--OF ORGANISATIONS
DIVISION 1--General- 35 Definitions
- 36 Procedure to be followed for proposed amalgamation etc.
- 37 Exercise of the FWC's powers under this Part DIVISION 2--Preliminary matters
- 38 Federations
- 39 Use of resources to support proposed amalgamation DIVISION 3--Commencement of amalgamation procedure
- 40 Scheme for amalgamation
- 41 Alternative scheme for amalgamation
- 42 Approval by committee of management
- 43 Community of interest declaration
- 44 Application for approval for submission of amalgamation to ballot
- 45 Holding office after amalgamation
- 46 Application for exemption from ballot
- 47 Application for ballot not conducted under section 65
- 48 Lodging "yes" case DIVISION 4--Role of AEC
- 49 Ballots to be conducted by AEC
- 50 Notification of AEC
- 51 Providing information etc. to electoral officials
- 52 Declaration by secretary etc. of organisation DIVISION 5--Procedure for approval of amalgamation
- 53 Fixing hearing in relation to amalgamation etc.
- 54 Submissions at amalgamation hearings
- 55 Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.
- 56 Objections in relation to amalgamation involving extension of eligibility rules etc.
- 57 Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.
- 58 Fixing commencing and closing days of ballot
- 59 Roll of voters for ballot
- 60 "Yes" case and "no" case for amalgamation
- 61 Alteration and amendment of scheme
- 62 Outline of scheme for amalgamation
- 63 Exemption from ballot
- 64 Approval for ballot not conducted under section 65
- 65 Secret postal ballot of members
- 66 Determination of approval of amalgamation by members
- 67 Further ballot if amalgamation not approved
- 68 Post-ballot report by AEC
- 69 Inquiries into irregularities
- 70 Approval of amalgamation
- 71 Expenses of ballot
- 72 Offences in relation to ballot DIVISION 6--Amalgamation taking effect
- 73 Action to be taken after ballot
- 74 Assets and liabilities of de-registered organisation become assets and liabilities of amalgamated organisation
- 75 Resignation from membership
- 76 Effect of amalgamation on modern awards, orders and enterprise agreements
- 77 Effect of amalgamation on agreement under section 151
- 78 Instruments
- 79 Pending proceedings
- 80 Division applies despite laws and agreements prohibiting transfer etc.
- 81 Amalgamated organisation to take steps necessary to carry out amalgamation
- 82 Certificates in relation to land and interests in land
- 83 Certificates in relation to charges
- 84 Certificates in relation to shares etc.
- 85 Certificates in relation to other assets
- 86 Other matters
- 87 Federal Court may resolve difficulties DIVISION 7--Validation
- 88 Validation of certain acts done in good faith
- 89 Validation of certain acts after 4 years
- 90 Orders affecting application of section 88 or 89
- 91 Federal Court may make orders in relation to consequences of invalidity
PART 3--WITHDRAWAL--FROM AMALGAMATIONS
DIVISION 1--General- 92 Object of
- 93 Definitions etc. DIVISION 2--Ballots for withdrawal from amalgamated organisations
- 94 Applications to the FWC for ballots
- 95 Outline of proposed withdrawal
- 96 Filing the "yes" case
- 97 Filing the "no" case
- 98 Provisions relating to outlines and statements of "yes" and "no" cases
- 99 Notifying of applications for ballots
- 100 Orders for ballots
- 101 Financial members only eligible to vote
- 102 Conduct of ballots
- 103 Providing information etc. toelectoral officials
- 104 Declaration by secretary etc. of organisation
- 105 Offences in relation to ballots
- 106 Certificate showing particulars of the ballot
- 107 Post-ballot report by AEC
- 108 Inquiries into irregularities
- 108A Powers of the FWC to be exercised by President or Full Bench DIVISION 3--Giving effect to ballots
- 109 Determining the day of withdrawal
- 110 Registration of constituent part
- 111 Choice of organisation following withdrawal of separately identifiable constituent part
- 112 Members of amalgamated organisation may join newly registered organisation
- 113 Orders of the FWC, modern awards etc. made before withdrawal
- 113A Enterprise agreements made after withdrawal
- 114 Effect of withdrawal on agreement under section 151
- 115 Instruments
- 116 Pending proceedings
- 117 Division applies despite laws and agreements prohibiting transfer etc.
- 118 Amalgamated organisation, constituent part and newly registered organisation to take necessary steps
- 119 Certificates in relation to land and interests in land
- 120 Certificates in relation to charges
- 121 Certificates in relation to shares etc.
- 122 Certificates in relation to other assets
- 123 Holding office after withdrawal
- 124 Other matters
- 125 Federal Court may resolve difficulties DIVISION 4--Validation
- 126 Validation of certain acts done in good faith
- 127 Validation of certain acts after 4 years
- 128 Orders affecting application of section 126 or 127
- 129 Federal Court may make orders in relation to consequences of invalidity DIVISION 5--Miscellaneous
- 130 Certain actions etc. not to constitute breach of rules of amalgamated organisation
- 131 Amalgamated organisation not to penalise members etc.
CHAPTER 4--Representation orders
PART 1--SIMPLIFIED--OUTLINE
- 132 Simplified outline
PART 2--REPRESENTATION--ORDERS
- 133 Orders about representation rights of organisations of employees
- 134 Preconditions for making of orders
- 135 Factors to be taken into account by the FWC
- 136 Order may be subject to limits
- 137 Organisation must comply with order
PART 3--REPRESENTATION--ORDERS FOR WORKPLACE GROUPS
- 137A Orders about representation rights of organisations of employees
- 137B Factors to be taken into account by the FWC
- 137C Submissions by peak councils
- 137D Order may be subject to limits
- 137E Organisation must comply with order
PART 4--MISCELLANEOUS
- 137F FWC may make orders reflecting State representation orders
- 138 Exercise of the FWC's powers under this Chapter
- 138A Representation rights of former State-registered associations
CHAPTER 5--Rules of organisations
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER
- 139 Simplified outline
PART 2--RULES--OF ORGANISATIONS
DIVISION 1--General- 140 Organisations to have rules
- 141 Rules of organisations
- 142 General requirements for rules
- 142A Model rules for policies relating to expenditure DIVISION 2--Rules relating to elections for office
- 143 Rules to provide for elections for offices
- 144 Rules to provide for elections for office by secret postal ballot
- 145 Rules to provide for terms of office
- 146 Rules may provide for filling of casual vacancies
- 147 Model rules for conduct of elections DIVISION 3--Rules relating to conduct of officers and employees
- 148 Model rules about conduct of officers and employees DIVISION 4--Other rules
- 149 Rules to provide conditions for loans, grants and donations by organisations
- 150 Definitions
- 151 Membership agreements
- 152 Assets and liabilities agreements
- 153 Party to section 152 agreement may apply to Federal Court for orders
- 154 Termination of section 152 agreement
- 154A Branch autonomy
- 154B Branch funds
- 155 Exercise of the FWC's powers under this Division DIVISION 5--Alteration of rules and evidence of rules
- 156 General Manager may determine alterations of rules
- 157 FWC may determine alteration of rules where there has been a breach of an undertaking
- 158 Change of name or alteration of eligibility rules of organisation
- 158A Alteration of eligibility rules of organisation by General Manager
- 159 Alteration of other rules of organisation
- 160 Certain alterations of rules to be recorded
- 161 Evidence of rules
- 162 Powers of the FWC
PART 3--VALIDITY--AND PERFORMANCE OF RULES ETC
- 163 Rules contravening section 142
- 164 Directions for performance of rules
- 164A Directions to rectify breach of rule of organisation
- 164B Orders under sections 164 and 164A
CHAPTER 6--Membership of organisations
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER
- 165 Simplified outline
PART 2--ENTITLEMENT--TO MEMBERSHIP
- 166 Entitlement to become and to remain a member
- 167 Federal Court may declare on person's entitlement to membership
- 168 Application for membership of organisation by person treated as having been a member
- 169 Request by member for statement of membership
- 170 Rectification of register of members
PART 3--TERMINATION--OF MEMBERSHIP
- 171 Federal Court may order that persons cease to be members of organisations
- 171A Cessation of membership if member is not an employee etc.
- 172 Non-financial members to be removed from the register
- 173 No entrance fee if person re-joins within 6 months
- 174 Resignation from membership
PART 4--FALSE--INFORMATION, DISPUTES AND ARREARS OF DUES
- 175 False representation as to membership of organisation
- 176 False representation about resignation from organisation
- 177 Disputes between organisations and members
- 178 Recovery of arrears
- 179 Liability for arrears
PART 5--CONSCIENTIOUS--OBJECTION TO MEMBERSHIP
- 180 Conscientious objection to membership of organisations
CHAPTER 7--Democratic control
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER
- 181 Simplified outline
PART 2--CONDUCT--OF ELECTIONS FOR OFFICE AND OTHER POSITIONS
- 182 Conduct by AEC
- 183 Application for organisation or branch to conduct its elections for office
- 184 Objections to application to conduct elections for office
- 185 Threats etc. in relation to section 184 objections
- 186 General Managermay permit organisation or branch to conduct its elections for office
- 187 Organisation may ask AEC to conduct elections for positions other than offices
- 188 Declaration envelopes etc. to be used for postal ballots
- 189 General Manager to arrange for conduct of elections
- 190 Organisation or branch must not assist one candidate over another
- 191 Organisation to provide returning officer with copy of register
- 192 Declaration by secretary etc. of organisation
- 193 Provisions applicable to elections conducted by AEC
- 194 Hindering or obstructing electoral official or other person
- 195 Improper interference with election process
- 196 Death of candidate
- 197 Post-election report by AEC
- 198 Organisation to respond to adverse report on rules
- 199 Ballot papers etc. to be preserved
PART 3--INQUIRIES--INTO ELECTIONS FOR OFFICE
- 200 Application for inquiry
- 201 Instituting of inquiry
- 202 Federal Court may authorise General Manager to take certain action
- 203 Identity cards
- 204 Interim orders
- 205 Procedure at hearing
- 206 Action by Federal Court
- 207 General Manager to make arrangements for conduct of elections etc.
- 208 Enforcement of orders
- 209 Validity of certain acts etc. where election declared void
PART 4--DISQUALIFICATION--FROM OFFICE
DIVISION 1--Simplified outline of Part- 210 Simplified outline DIVISION 2--Persons who have been convicted of a prescribed offence
- 211 Simplified outline of Division
- 212 Meaning of
- 213 Meaning of
- 213A Meaning ofand
- 214 Certificate of registrar etc. is evidence of facts
- 215 Certain persons disqualified from holding office in organisations
- 216 Application for leave to hold office in organisations by prospective candidate for office
- 217 Application for leave to hold office in organisations by office holder
- 218 Federal Court to have regard to certain matters
- 219 Action by Federal Court
- 220 Part not to affect spent convictions scheme
CHAPTER 8--Records and accounts
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER
- 229 Simplified outline
PART 2--RECORDS--TO BE KEPT AND LODGED BY ORGANISATIONS
- 230 Records to be kept and lodged by organisations
- 231 Certain records to be held for 7 years
- 232 Offence to interfere with register or copy
- 233 Obligation to lodge information with the FWC
- 234 Storage of records
- 235 General Manager may authorise access to certain records
- 236 General Manager may direct organisation to deliver copy of records
- 237 Organisations to notify particulars of loans, grants and donations
PART 3--ACCOUNTS--AND AUDIT
DIVISION 1--Preliminary- 238 Simplified outline
- 239 Part only applies to financial years starting after registration
- 240 Financial years--change in financial year
- 241 Exemptions from certain Australian Accounting Standards DIVISION 2--Reporting units
- 242 What is a reporting unit?
- 243 Designated officers
- 244 Members, staff and journals etc. of reporting units
- 245 Determination of reporting units
- 246 Determination of reporting units--application by organisation
- 247 Determination of reporting units--General Manager initiative
- 248 Determination of reporting units--years certificate applies to
- 249 Determination of reporting units--revocation of certificates
- 250 Determination of reporting units--rule alterations
- 251 Determination of reporting units--later certificate revokes earlier certificate DIVISION 3--Accounting obligations
- 252 Reporting unit to keep proper financial records
- 253 Reporting unit to prepare general purpose financial report
- 254 Reporting unit to prepare operating report
- 255 Reporting guidelines DIVISION 4--Auditors
- 255A Applications may be made for registration as an auditor
- 255B Registration by General Manager
- 255C Circumstances in which a person meets educational etc. requirements
- 255D General Manager must give an opportunity to be heard before refusal and written notice of decision
- 255E Refusal to grant an application for registration
- 255F General Manager must give certificate of registration
- 255G Cancellation and suspension of registration--general
- 255H Cancellation and suspension of registration--person no longer a registered company auditor
- 255J Written notice to be given of cancellation or suspension of registration
- 255K Registered auditors to advise of material changes in circumstance etc.
- 255L General Manager may request further information
- 255M Basis of registration
- 255N Regulations
- 256 Auditors of reporting units
- 256A Limited term to play significant role in audit of a reporting unit
- 257 Powers and duties of auditors
- 258 Obstruction etc. of auditors
- 259 Reporting unit to forward notices etc. to auditor
- 260 Auditor entitled to attend meetings at which report presented
- 261 Auditors and other persons to enjoy qualified privilege in certain circumstances
- 262 Fees and expenses of auditors
- 263 Removal of auditor
- 264 Resignation of auditor DIVISION 5--Reporting requirements
- 265 Copies of full report or concise report to be provided to members
- 266 Full report to be presented to meetings
- 267 Comments by committee members not to be false or misleading
- 268 Reports etc. to be lodged with the FWC DIVISION 6--Reduced reporting requirements for particular reporting units
- 269 Reporting units with substantial common membership with State registered bodies
- 270 Organisations with income of less than certain amount
- 271 Exemption from this Part of certain reporting units DIVISION 7--Members' access to financial records
- 272 Information to be provided to members or General Manager
- 273 Order for inspection of financial records
- 274 Frivolous or vexatious applications
- 275 Ancillary orders
- 276 Disclosure of information acquired in inspection
- 277 Reporting unit or committee of management may allow member to inspect books
- 278 FWC to be advised of breaches of Part or rules etc. found during inspection
- 279 Constitution of the FWC
PART 4--ACCESS--TO ORGANISATIONS' BOOKS
- 280 Right of access to organisation's books
CHAPTER 9--Conduct of officers and employees
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER
- 281 Simplified outline
PART 2--GENERAL--DUTIES IN RELATION TO THE FINANCIAL MANAGEMENT OF ORGANISATIONS
DIVISION 1--Preliminary- 282 Simplified outline
- 283 Part only applies in relation to financial management
- 284 Meaning of DIVISION 2--General duties in relation to the financial management of organisations
- 285 Care and diligence--civil obligation only
- 286 Good faith--civil obligations
- 287 Use of position--civil obligations
- 288 Use of information--civil obligations
- 289 Effect of ratification by members
- 290 Compliance with statutory duties
- 290A Good faith, use of position and use of information--criminal offences
- 291 Interaction of sections 285 to 289 and 290A with other laws etc.
- 292 Reliance on information or advice provided by others
- 293 Responsibility for actions of other person
PART 2A--DISCLOSURE--OBLIGATIONS
DIVISION 1--Preliminary- 293A Simplified outline DIVISION 2--Disclosure obligations and restrictions on taking part in making decisions
- 293B Disclosure of remuneration paid to officers
- 293BA Immediate disclosure
- 293BB Standing disclosure of remuneration
- 293BC Disclosure of certain remuneration and benefits by organisations and branches
- 293C Disclosure of material personal interests of officers
- 293D Officer may give members of committee of management standing notice about an interest
- 293E Interaction of section 293C and 293D with other laws
- 293F Restrictions on taking part in making decisions
- 293G Disclosure of payments made by an organisation or a branch
- 293H Section 293G--order for alternative disclosure arrangement DIVISION 3--Officer and related party disclosure statements
- 293J Officer and related party disclosure statements DIVISION 4--Training in relation to financial duties
- 293K Officers to undertake approved training
- 293L Approved training
- 293M General Manager may grant exemption from financial training
PART 3--GENERAL--DUTIES IN RELATION TO ORDERS AND DIRECTIONS
DIVISION 1--Preliminary- 294 Simplified outline
- 295 Meaning of
- 296 Application to officers and employees of branches DIVISION 2--General duties in relation to orders and directions
- 297 Order or direction applying to organisation--civil obligation
- 298 Prohibition order or direction applying to organisation--civil obligation
- 299 Order or direction applying to officer--civil obligation
- 300 Prohibition order or direction applying to officer--civil obligation
- 301 Order or direction applying to employee--civil obligation
- 302 Prohibition order or direction applying to employee--civil obligation
- 303 Order or direction applying to member of organisation--civil obligation
- 303A Application of this Division
CHAPTER 10--Compliance and enforcement
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER
- 304 Simplified outline
PART 2--CIVIL--PENALTIES
- 305 Civil penalty provisions
- 306 Pecuniary penalty orders that the Federal Court may make
- 307 Compensation orders
- 307A Disqualification orders
- 308 Other orders
- 309 Effect of section 307
- 310 Who may apply for an order
- 311 Civil proceedings after criminal proceedings
- 312 Criminal proceedings during civil proceedings
- 313 Criminal proceedings after civil proceedings
- 314 Evidence given in proceedings for penalty not admissible in criminal proceedings
- 315 Relief from liability for contravention of civil penalty provision
- 316 Power to grant relief
PART 3--INFRINGEMENT--NOTICES
- 316A Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act
- 316B Infringement officers
PART 4--ENFORCEABLE--UNDERTAKINGS
- 316C Enforceable undertakings
CHAPTER 11--Miscellaneous
PART 1--SIMPLIFIED--OUTLINE OF CHAPTER
- 317 Simplified outline
PART 2--VALIDATING--PROVISIONS FOR ORGANISATIONS
- 318 Definition
- 319 Validation of certain acts done in good faith
- 320 Validation of certain acts after 4 years
- 321 Order affecting application of section 319 or 320
- 322 Federal Court may make orders in relation to consequences of invalidity
- 323 Federal Court may order reconstitution of branch etc.
PART 3--FINANCIAL--ASSISTANCE AND COSTS
DIVISION 1--Financial assistance- 324 Authorisation of financial assistance
- 325 Federal Court may certify that application was reasonable
- 326 Applications under sections 163, 164, 164A and 167
- 327 Fees for 2 counsel not normally to be paid
- 328 Powers of Federal Court not affected DIVISION 2--Costs
- 329 Costs only where proceeding instituted vexatiously etc.
PART 3A--FUNCTIONS--OF GENERAL ANAGER
- 329A Functions of the General Manager
- 329C Minister may require reports
- 329D Annual report
PART 3B--INFORMATION--SHARING
- 329G When information may be disclosed
PART 4--INQUIRIES--AND INVESTIGATIONS
DIVISION 1--Inquiries- 330 General Manager may make inquiries DIVISION 2--Investigations
- 331 General Manager may conduct investigations
- 332 Investigations arising from auditor's report
- 333 Investigations arising from request from members
- 334 Investigations arising from referral under section 278
- 335 Conduct of investigations
- 335B Investigations to be completed as soon as practicable DIVISION 3--Questioning on oath or affirmation
- 335C When this Division applies
- 335D Requirements made of attendee
- 335E Questioning to take place in private
- 335F Attendee's lawyer
- 335G Record of statements
- 335H Copies given subject to conditions DIVISION 4--Powers in relation to documents
- 335K Application for warrant to seize documents
- 335L Grant of warrant
- 335M Execution of warrant
- 335N Powers in relation to documents produced or seized
- 335P Powers if documents not produced
- 335Q Power to require person to identify property of an organisation DIVISION 5--Action following investigations
- 336 Action in relation to reporting units DIVISION 6--Offences
- 337 Offences in relation to investigation by General Manager
- 337AA Strict liability offences
- 337AB Obstructing person acting under this Part
- 337AC Concealing documents relevant to investigation
- 337AD Self-incrimination
- 337AE Legal professional privilege DIVISION 7--Evidentiary use of certain material
- 337AF Statements made on oath or affirmation during an investigation--proceedings against attendee
- 337AG Statements made on oath or affirmation during an investigation--other proceedings
- 337AH Weight of evidence admitted under section 337AG
- 337AJ Objection to admission of statements made on oath or affirmation during an investigation
- 337AK Copies of, or extracts from, certain documents
- 337AL Material otherwise admissible DIVISION 8--Miscellaneous
- 337AM Evidence of authority
- 337AN Application of Evidence Act
- 337AP Allowances and expenses
- 337AQ Compliance with Part
PART 4A--PROTECTION--FOR WHISTLEBLOWERS
DIVISION 1--Protected disclosures- 337A Disclosures qualifying for protection under this Part DIVISION 2--Protections
- 337B Disclosure that qualifies for protection not actionable etc.
- 337BA What constitutes taking a reprisal
- 337BB Civil remedies
- 337BC Costs only if proceedings instituted vexatiously etc.
- 337BD Civil penalties
- 337BE Criminal offences
- 337BF Interaction between civil remedies, civil penalties and criminal offences
- 337BG Protections have effect despite other Commonwealth laws DIVISION 3--Investigation of protected disclosures
- 337C Allocation of handling of disclosure
- 337CA Investigation of disclosure
- 337CB Time limit for investigations under this Division
- 337CC Regulations in relation to allocation and investigation
- 337CD Disclosure to enforcement agencies
- 337CE Protection of witnesses etc. DIVISION 4--Miscellaneous
- 337D Reference to this Part
- 337DA Liability for acts and omissions
- 337DB Concurrent operation of State and Territory laws
- 337DC Law relating to legal professional privilege not affected
- 337DD Other investigative powers etc. not affected
PART 4B--FUNCTIONS--AND POWERS OF THE FWC
- 337F Powers of inspection
- 337G Parties to proceedings
- 337H Kinds of orders
- 337J Relief not limited to claim
- 337K Publishing orders
PART 5--JURISDICTION--OF THE FEDERAL COURT OF AUSTRALIA
- 338 Conferring jurisdiction on the Federal Court
- 339 Exclusive jurisdiction
- 339A Exercising jurisdiction in the Fair Work Division of the Federal Court
- 340 Exercise of Court's original jurisdiction
- 341 Reference of proceedings to Full Court
- 342 Appeal to the Court from certain judgments
PART 6--OTHER
- 343 Delegation by Minister
- 343A Delegation by General Manager
- 344 Conduct by officers, directors, employees or agents
- 345 Right to participate in ballots
- 346 Requests by members for information concerning elections and certain ballots
- 347 Providing copy of rules or list of offices etc. on request by member
- 348 Certificate as to membership of organisation
- 349 List of officers to be evidence
- 350 Unauthorised collection of money
- 351 No imprisonment in default
- 351A Minister's entitlement to intervene
- 352 Jurisdiction of courts limited as to area
- 353 Public sector employer to act through employing authority
- 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)
- 354 Proceedings by and against unincorporated clubs
- 355 Inspection of documents etc.
- 356 Trade secrets etc. tendered as evidence
- 357 Application of penalty
- 358 Enforcement of penalties etc.
- 359 Regulations
PART 7--COMPLEMENTARY--REGISTRATION SYSTEMS
DIVISION 1--Application of this Part- 360 Complementary registration systems DIVISION 2--Preliminary
- 361 Definitions DIVISION 3--Branch rules
- 362 Branch funds
- 363 Obligations of the FWC in relation to application under section 158
- 364 Branch autonomy
- 365 Organisation may participate in State systems DIVISION 4--Amalgamation of organisation and associated body
- 366 Organisation and associated body may amalgamate
- 367 Procedure for amalgamation DIVISION 5--Exercise of the FWC's powers
- 368 Exercise of the FWC's powers under this Part