Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1—Amendments
1 Subsection 4(1)
Insert:
"enterprise association" means an association referred to in paragraph 188(1)(c).
2 Subsection 134(3)
After “person”, insert “, who is not an officer or employee of an organisation,”.
3 At the end of paragraphs 187A(a) and (b)
Add “and”.
4 Paragraphs 187A(d) and (e)
Repeal the paragraphs.
5 Before section 188
Insert:
In this Division, unless the contrary intention appears:
"enterprise" means:
(a) a business that is carried on by a single employer; or
(b) an operationally distinct part of such a business; or
(c) 2 or more operationally distinct parts of the same business carried on by the same employer.
6 At the end of subsection 188(1)
Add:
; (c) an association of which some or all of the members are employees performing work in the same enterprise and the other members (if any) are:
(i) officers of the association; or
(ii) persons specified in Schedule 3; or
(iii) independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the association.
7 Subsection 188(2)
Omit “or (b)(ii) or (iii)”, substitute “, (b)(ii) or (iii) or (c)(ii) or (iii)”.
8 Subsection 189(1)
After “association” (first occurring), insert “(other than an enterprise association)”.
9 After paragraph 189(1)(a)
Insert:
(aa) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and
10 Paragraphs 189(1)(b) and (c)
Omit “100”, substitute “50”.
11 Paragraph 189(1)(d)
Repeal the paragraph, substitute:
(d) the designated Presidential Member is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act; and
12 At the end of paragraphs 189(1)(a), (b), (c), (e), (f) and (g)
Add “and”.
13 Paragraph 189(1)(j)
Repeal the paragraph, substitute:
(j) subject to subsection (2), there is no organisation to which members of the association might belong, or, if there is such an organisation, it is not an organisation:
(i) to which the members of the association could more conveniently belong; and
(ii) that would more effectively represent those members.
14 Subsections 189(2) and (3)
Repeal the subsections, substitute:
(2) If:
(a) there is an organisation to which the members of the association might belong; and
(b) the members of the association could more conveniently belong to the organisation; and
(c) the organisation would more effectively represent those members than the association would;
the requirements of paragraph (1)(j) are taken to have been met if the designated Presidential Member accepts an undertaking from the association that the designated Presidential Member considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.
(3) Without limiting the matters that the designated Presidential Member may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the designated Presidential Member must take into account whether the representation would be consistent with the objects of this Act.
(4) A designated Presidential Member shall grant an application for registration made by an enterprise association that, under section 188, may apply for registration as an organisation if, and only if:
(a) the association:
(i) is a genuine association of a kind referred to in paragraph 188(1)(c); and
(ii) is an association for furthering or protecting the interests of its members; and
(b) the association is free from control by, or improper influence from:
(i) any employer, whether at the enterprise in question or otherwise; or
(ii) any person or body with an interest in that enterprise; or
(iii) any organisation, or any other association of employers or employees; and
(c) the association has at least 50 members who are employees; and
(d) the designated Presidential Member is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act; and
(e) the rules of the association make provision as required by this Act to be made by the rules of organisations; and
(f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and
(g) the designated Presidential Member is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and
(h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and
(i) the registration of the association would further the objects of this Act.
(5) In applying paragraph (1)(d) or (4)(d), the designated Presidential Member must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 294 had the association been registered when the conduct occurred.
15 Subsection 195(2)
Repeal the subsection.
16 After section 203
Insert:
203A Designated Presidential Member may determine alteration of rules where there has been a breach of an undertaking
(1) If:
(a) in the course of an organisation being registered under section 189, an undertaking was given under subsection 189(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and
(b) the first‑mentioned organisation has breached the undertaking;
a designated Presidential Member may, by instrument, determine such alterations of the rules of the organisation as are, in the Presidential Member’s opinion, necessary to remove the overlap.
(2) The designated Presidential Member must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.
(3) Alterations determined under subsection (1) take effect on the date of the instrument.
17 Subsection 204(4)
Omit “another organisation to which those persons might conveniently belong”, substitute “another organisation:
(a) to which those persons might more conveniently belong; and
(b) that would more effectively represent those members.”.
18 Subsections 204(5) and (6)
Repeal the subsections, substitute:
(5) However, subsection (4) does not apply if the designated Presidential Member accepts an undertaking from the organisation seeking the alteration that the designated Presidential Member considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.
19 Subsection 204(9)
Repeal the subsection.
20 Section 233
Repeal the section.
21 After Division 7 of Part IX
Insert:
Division 7A—Withdrawal from amalgamations
The object of this Division is to provide for:
(a) certain organisations that have taken part in amalgamations under Division 7 to be reconstituted and re‑registered; and
(b) branches of organisations of that kind to be formed into organisations and registered;
in a way that is fair to the members of the organisations concerned and the creditors of those organisations.
(1) In this Division, unless the contrary intention appears:
"amalgamated organisation" means an organisation of employees that was formed under Division 7, but does not include an organisation that was subsequently de-registered under that Division.
"asset" has the same meaning as in Division 7.
"ballot" means a ballot conducted under Subdivision B.
"constituent member" , in relation to a constituent part of an amalgamated organisation, means a member of the amalgamated organisation who would be eligible for membership of the constituent part if:
(a) the constituent part; or
(b) the organisation of which the constituent part was a branch;
as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Division 7.
"constituent part" , in relation to an amalgamated organisation, means a part of the membership of the amalgamated organisation that would have been eligible for membership of:
(a) an organisation de‑registered under Division 7 in connection with the formation of that amalgamated organisation; or
(b) a State or Territory branch of such an organisation;
if the de‑registration had not occurred.
"liability" has the same meaning as in Division 7.
"newly registered organisation" means an organisation registered under section 253ZQ.
(2) For the purposes of this Division, an organisation is taken to have been de‑registered under Division 7 in connection with the formation of an amalgamated organisation if the de‑registration occurred as a result of the registration under paragraph 253Q(3)(a) of:
(a) the amalgamated organisation; or
(b) another organisation that was subsequently de‑registered under Division 7 as a result of the registration under that paragraph of:
(i) the amalgamated organisation; or
(ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Division 7 in connection with the formation of the amalgamated organisation.
Subdivision B—Ballots for withdrawal from amalgamated organisations
253ZJ Applications to the Court for ballots
(1) An application may be made to the Court for a ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:
(a) the constituent part became part of the organisation as a result of an amalgamation under Division 7 after 1 February 1991; and
(b) the amalgamation occurred no less than 2 years prior to the date of the application; and
(c) the application is made:
(i) if the amalgamation occurred before the commencement of this Division—no more than 3 years after that commencement; or
(ii) if the amalgamation occurred after the commencement of this Division—no more than 5 years after the amalgamation occurred.
(2) However, an application cannot be made if:
(a) during the last 12 months, the Court has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or
(b) a ballot was held that rejected the withdrawal of the constituent part.
(3) The application may be made by:
(a) the prescribed number of constituent members; or
(b) a committee of management elected entirely or substantially by the constituent members.
(4) The application must be in the prescribed form and must contain such information as is prescribed.
253ZK Notifying of applications for ballots
(1) If an application is made under section 253ZJ, the Registrar of the Court must immediately notify the Australian Electoral Commission of the application.
(2) On being notified of the application, the Australian Electoral Commission must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.
(1) The Court must order that a vote of the constituent members be taken by secret ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the Court is satisfied that:
(a) the application for the ballot is validly made under section 253ZJ; and
(b) the proposal for withdrawal from the organisation complies with any requirements specified in the regulations.
(2) In considering whether to order that a ballot be held, the Court must have regard to any submissions made to it by persons authorised by the regulations to make submissions for the purposes of this section.
(3) If the Court orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.
All ballots are to be conducted by the Australian Electoral Commission in accordance with the regulations.
253ZN Providing information etc. to electoral officials
An electoral official may, if:
(a) it is reasonably necessary for the purposes of a ballot that may be, or is, required to be held; and
(b) the official is authorised by the Australian Electoral Commission under this section for the purposes of the ballot;
require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:
(c) to give to the official, within a reasonable period (of not less than 7 days), and in a reasonable manner, specified in the notice, any information within the knowledge or in the possession of the person; and
(d) to produce or make available to the official, at a reasonable time and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.
253ZO Notifying of results of ballots
Notice of the result of a ballot held must be given in accordance with the regulations.
Subdivision C—Giving effect to ballots
253ZP Determining the day of withdrawal
(1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Court must, on the application of the constituent part:
(a) determine the day on which the withdrawal is to take effect; and
(b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and
(c) make such other orders as it thinks fit in connection with giving effect to the withdrawal.
(2) In making an order under paragraph (1)(b), the Court must have regard to:
(a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Division 7 in connection with the formation of the amalgamated organisation; and
(b) any change in the net value of those assets or liabilities that has occurred since the amalgamation; and
(c) the interests of the creditors of the amalgamated organisation.
253ZQ Registration of constituent part
The Industrial Registrar must, with effect from the day determined under paragraph 253ZP(1)(a):
(a) register the constituent part as an organisation in the register kept under paragraph 63(1)(a); and
(b) enter in the register such other particulars in relation to the organisation as are prescribed.
253ZR Members of amalgamated organisation may join registered organisation
A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.
253ZS Orders of the Commission, awards etc.
(1) This section applies to an order of the Commission, an award or a certified agreement that was, immediately before the day the registration takes effect, binding on the amalgamated organisation in relation to the constituent part of the organisation and its members.
(2) On and from the day the registration takes effect, the order, award or certified agreement:
(a) becomes binding on the newly registered organisation and its members; and
(b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or certified agreement to the amalgamated organisation included references to the newly registered organisation.
(3) In this section:
"award" includes an enterprise flexibility agreement that:
(a) has effect under this Act immediately before the day on which the registration takes effect; or
(b) continues to have effect under Schedule 9 to the Workplace Relations and Other Legislation Amendment Act 1996 immediately before that day.
The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations, including any matter related to:
(a) the transfer of assets and liabilities of an amalgamated organisation to a newly registered organisation; and
(b) the extent to which a newly registered organisation is bound or otherwise affected by any agreements, arrangements or other instruments binding on or otherwise affecting an amalgamated organisation; and
(c) the extent to which an amalgamated organisation continues, after a registration under section 253ZQ takes effect, to be bound or otherwise affected by any agreements, arrangements or other instruments binding on or otherwise affecting the amalgamated organisation; and
(d) the extent to which a newly registered organisation becomes a party to any proceedings to which an amalgamated organisation is a party; and
(e) the extent to which an amalgamated organisation continues to be a party to any proceedings to which the amalgamated organisation was a party immediately before a registration under section 253ZQ takes effect; and
(f) the appointment of officers of an amalgamated organisation as officers of a newly registered organisation, and the consequences of such appointments.
253ZU Subdivision applies despite laws and agreements prohibiting transfer etc.
(1) This Subdivision applies, and must be given effect to, despite anything in:
(a) any other Commonwealth, State or Territory law; or
(b) any contract, deed, undertaking, agreement or other instrument.
(2) Nothing done by this Subdivision, and nothing done by a person because of, or for a purpose connected with or arising out of, this Subdivision:
(a) is to be regarded as:
(i) placing an organisation or other person in breach of contract or confidence; or
(ii) otherwise making an organisation or other person guilty of a civil wrong; or
(b) is to be regarded as placing an organisation or other person in breach of:
(i) any Commonwealth, State or Territory law; or
(ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or
(c) is taken to release any surety, wholly or in part, from all or any of the surety’s obligations.
(3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Subdivision in a particular respect, the consent is taken to have been given.
253ZV Court may resolve difficulties
(1) If any difficulty arises in relation to the application of this Division to a particular matter, the Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.
(2) An order made under subsection (1) has effect despite:
(a) any Commonwealth, State or Territory law; or
(b) the rules of an organisation or any association proposed to be registered as an organisation.
22 Subparagraph 264(2)(b)(i)
Omit “3 months”, substitute “2 weeks”.
23 Subsection 264(7)
Omit the subsection.
24 After section 264
Insert:
(1) Legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.
(2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.
(3) Subsections (1) and (2) apply only to amounts that become payable on or after the commencement of those subsections.
25 Paragraphs 271(1)(a) and (b)
After “this section”, insert “or section 271A”.
26 Paragraph 271(1)(b)
Before “this Division”, insert “subject to section 271A,”.
27 After section 271
Insert:
271A Exemption from this Division of certain branches
(1) If, on the application of a branch of an organisation, a Registrar is satisfied, after considering such circumstances (if any) as are prescribed, that the branch did not have any financial affairs in a financial year, the Registrar may issue to the branch a certificate to that effect in respect of the financial year.
(2) The certificate exempts the branch from the requirements of this Division in respect of the financial year.
(3) The application must be made to the Registrar within 90 days, or such longer period as the Registrar allows, after the end of the financial year.
28 Subsections 280(7), (8) and (9)
Repeal the subsections.
29 After section 280
Insert:
280A Registrar may conduct other investigations
A Registrar may, in the circumstances set out in the regulations, or if the Registrar is otherwise satisfied that there are reasonable grounds for doing so, investigate whether:
(a) the accounts of an organisation contain any deficiency, failure or shortcoming; or
(b) a provision of this Division has been contravened; or
(c) a regulation made for the purposes of this Division has been contravened; or
(d) a rule of an organisation relating to its finances or financial administration has been contravened.
280B Investigations under sections 280 and 280A
(1) For the purpose of making an investigation under section 280 or 280A, a Registrar may, by written notice, require a person to whom subsection (2) applies:
(a) to provide the Registrar with specified information relevant to the investigation; or
(b) to attend before the Registrar to answer questions relating to matters relevant to the investigation, and to produce to the Registrar all records and other documents in the custody or under the control of the officer, employee or person relating to those matters.
(2) This subsection applies to:
(a) an officer or employee of the organisation concerned; and
(b) a former officer or employee of the organisation, who is a member of the organisation; and
(c) a person who held the position of auditor of the organisation during the period that is the subject of the investigation.
(3) If, at the conclusion of an investigation under section 280 or 280A, the Registrar is satisfied that the organisation concerned has contravened:
(a) a provision of this Act; or
(b) a rule of the organisation relating to the finances or financial administration of the organisation;
the Registrar must notify the organisation accordingly.
(4) The notice must include a request that the organisation take specified action, within a specified period, to rectify the matter.
(5) The organisation must comply with that request.
(6) The Court may, on application by the Registrar, make such orders as it thinks fit to ensure that the organisation complies with subsection (5).
(7) The Registrar must not take proceedings under this Act against the organisation in relation to a matter that is the subject of the notice unless the organisation has refused or failed to comply with the request made in the notice.
30 Subsection 281(5)
After “(inclusive)”, insert “and section 280B”.
31 Subsection 285(1)
Repeal the subsection, substitute:
(1) If, on the application of an organisation made after the end of a financial year, a Registrar is satisfied that the organisation’s income for the year did not exceed:
(a) in the case of a financial year that, because of subsection 270(1), is a period other than 12 months—such amount as the Registrar considers appropriate in the circumstances; or
(b) in any other case—$20,000 or such higher amount as is prescribed;
the Registrar must issue to the organisation a certificate to that effect.
32 After Division 11 of Part IX
Insert:
Division 11A—Entry and inspection of premises etc. by organisations
(1) A Registrar may, on application by an organisation in accordance with the regulations, issue to an officer or employee of the organisation a permit in the form prescribed for the purposes of this section.
(2) The permit:
(a) remains in force until it expires or is revoked under this section; and
(b) expires at the earlier of:
(i) 3 years after the day on which it was issued; or
(ii) the time at which the person to whom it was issued ceases to be an officer or employee of the organisation concerned.
(3) A Registrar may, on application in accordance with the regulations, revoke the permit if he or she is satisfied that the person to whom it was issued has, in exercising powers under this Division, intentionally hindered or obstructed any employer or employee or otherwise acted in an improper manner.
(4) An application for the revocation of a permit must set out the grounds on which the application is made.
(5) A person to whom a permit has been issued under this section must, within 14 days after the expiry or revocation of the permit, return the permit to the Registrar.
(6) If one or more permits issued to a person under this section have been revoked, the Registrar must take the fact into account when deciding whether to issue a further permit under this section to the person.
285B Investigating suspected breaches of Act etc.
(1) This section applies if a person who holds a permit in force under this Division suspects that a breach has occurred, or is occurring, of:
(a) this Act; or
(b) an award, an order of the Commission, or a certified agreement, that is in force and binds the organisation of which the person is an officer or employee.
(2) For the purpose of investigating the suspected breach, the person may enter, during working hours, any premises where employees work who are members of the organisation of which the person is an officer or employee.
(3) After entering the premises, the person may, for the purpose of investigating the suspected breach:
(a) require the employer of the employees to allow the person, during working hours, to inspect and, if the person wishes, to make copies of any of the following that are kept by the employer on the premises and are relevant to the suspected breach:
(i) any time sheets; or
(ii) any pay sheets; or
(iii) any other documents, other than an AWA, an ancillary document or a document that shows some or all of the content of an AWA or of an ancillary document; and
(b) during working hours, inspect or view any work, material, machinery, or appliance, that is relevant to the suspected breach; and
(c) during working hours, interview any employees who are:
(i) members of the organisation of which the person is an officer or employee; or
(ii) eligible to become members of that organisation;
about the suspected breach.
(4) For the purpose of investigating the suspected breach, the person may (regardless of whether the person exercises powers under subsection (2) or (3)) require the employer of the employees mentioned in subsection (2):
(a) to produce documents of the kind mentioned in any of subparagraphs (3)(a)(i) to (iii) at the premises at which the employees work or at some other agreed place; and
(b) if the documents are to be produced at the premises at which the employees work—to allow the person, during working hours, to enter the premises and:
(i) inspect the documents; and
(ii) if the person wishes to do so—make copies of the documents; and
(c) if the documents are to be produced at some other place—to allow the person, at an agreed time, to inspect the documents at that place and, if the person wishes to do so, to make copies of them.
285C Discussions with employees
(1) A person who holds a permit in force under this Division may enter premises in which:
(a) work is being carried on to which an award applies that is binding on the organisation of which the person holding the permit is an officer or employee; and
(b) employees who are members, or eligible to become members, of that organisation work;
for the purposes of holding discussions with any of those employees who wish to participate in those discussions.
(2) The person may only enter the premises during working hours and may only hold the discussions during the employees’ meal‑time or other breaks.
285D Conduct not authorised under sections 285B and 285C
(1) If:
(a) a person proposes to enter, or is on, premises in accordance with section 285B or 285C; and
(b) the occupier of the premises requires the person to show his or her permit;
the person is not entitled under that section to enter or remain on the premises unless he or she shows the occupier the permit.
(2) A person is only entitled to enter premises, and exercise powers, under section 285B or 285C if the person has given the occupier of the premises at least 24 hours’ notice of the person’s intention to do so.
(3) A person is not, in exercising any powers under section 285B or 285C, entitled to enter any part of premises used for residential purposes, except with the permission of the occupier.
285E Conduct in relation to sections 285B and 285C attracting civil penalties
(1) A person exercising powers under section 285B or 285C must not intentionally hinder or obstruct any employer or employee.
(2) The occupier of premises must not refuse or unduly delay entry to the premises by a person entitled to enter the premises under section 285B or 285C.
(3) An employer must not refuse or fail to comply with a requirement under paragraph 285B(3)(a) or subsection 285B(4).
(4) A person must not otherwise intentionally hinder or obstruct a person exercising powers under section 285B or 285C. To avoid doubt, a failure to agree on a place or a time as mentioned in paragraph 285B(4)(a) or (c) does not constitute hindering or obstructing a person exercising such powers.
(1) In this section:
"eligible court" means:
(a) the Federal Court of Australia; or
(b) a District, County or Local Court; or
(c) a magistrate’s court.
"penalty provision" means subsection 285A(5) or 285E(1), (2), (3) or (4).
(2) If a person contravenes a penalty provision, the contravention is not an offence. However, an eligible court may make an order imposing a penalty on a person who contravenes a penalty provision.
(3) The penalty cannot be more than $10,000 for a body corporate or $2,000 in other cases.
(4) An application for an order under subsection (2) may be made by any person.
(5) An eligible court may grant an injunction requiring a person not to contravene, or to cease contravening, a penalty provision.
(1) In spite of section 89A, the Commission may exercise its powers under Part VI of this Act to prevent and settle industrial disputes about the operation of this Division, but must not make an order for that purpose conferring powers that are additional to, or inconsistent with, powers exercisable under this Division.
(2) However the Commission does have power, for the purpose of preventing or settling the industrial dispute, to revoke a permit issued to a person under section 285A. If it does so, it may make any order that it considers appropriate, for the purpose of preventing or settling the industrial dispute, about the issue of any further permit to the person, or of any permit or further permit to any other person, under that section.
33 Section 286
Repeal the section.
34 At the end of paragraph 296(b)
Add:
or (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 189(1)(aa) or (4)(b), as the case requires; or
(iv) subject to subsection (5), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist;
35 Subparagraph 296(c)(ii)
Omit “100”, substitute “50”.
36 At the end of section 296
Add:
(2) A designated Presidential Member may also cancel the registration of an organisation if:
(a) the designated Presidential Member is satisfied that the organisation has breached an undertaking referred to in subsection 189(2); and
(b) the designated Presidential Member does not consider it appropriate to amend the eligibility rules of the organisation under section 203A.
(3) A cancellation under subsection (2) may be made:
(a) on application by an organisation or person interested; or
(b) on application by the Minister; or
(c) on the designated Presidential Member’s own motion.
(4) For the purposes of subparagraph (1)(b)(iv), the enterprise to which an organisation relates has ceased to exist if:
(a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or
(b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.
(5) Subparagraph (1)(b)(iv) does not apply if:
(a) some or all of the business of the enterprise in question is now conducted by another enterprise; and
(b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and
(c) the designated Presidential Member is satisfied that the organisation still meets the requirements of subsection 189(4).
The Presidential Member must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the designated Presidential Member considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).
37 Paragraph 306(a)
Omit “or 286(1)”.
38 Paragraph 306(b)
Omit “or 286(1)”, substitute “or section 285B or 285C”.
39 Section 309
Repeal the section.
40 Section 329
Omit “280(7)” (wherever occurring), substitute “280B(1)”.
Part 2—Transitional provision
41 Transitional—notices under subsections 280(7) and (8) of the Workplace Relations Act
(1) A notice given by a Registrar under subsection 280(7) of the Workplace Relations Act to an officer or employee of an organisation before the commencement of item 28 is, after that commencement, taken to have been given under subsection 280B(1) of the Workplace Relations Act.
(2) A notice given by a Registrar under subsection 280(8) of the Workplace Relations Act to an organisation before the commencement of item 28 is, after that commencement, taken to have been given under subsection 280B(3) of the Workplace Relations Act.
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