INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 202 Rules may permit organisation to enter into agreements with State registered unions

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 202

202. (1) The rules of an organisation of employees may authorise the
organisation to enter into agreements, in the prescribed form, with State
registered unions to the effect that members of the State registered union
concerned who are ineligible State members are eligible to become members of
the organisation under the agreement.

(2) Where, under rules made under subsection (1), an organisation enters into
an agreement with a State registered union:

   (a)  the organisation shall lodge a copy of the agreement in the Industrial
        Registry;

   (b)  the Industrial Registrar shall immediately enter particulars of the
        agreement in the register kept under paragraph 63 (1) (a); and

   (c)  the agreement comes into force when the particulars are entered.

(3) An organisation is not entitled to represent the industrial interests of
persons who are only eligible for membership of the organisation under an
agreement entered into under rules made under subsection (1).

(4) Where a person who became a member of an organisation under an agreement
entered into under rules made under subsection (1) later becomes eligible for
membership of the organisation under its eligibility rules, the organisation
is not entitled to represent the industrial interests of the person until a
record of the person's eligibility is entered in the register kept under
paragraph 268 (1) (a).

(5) Where an organisation and a State registered union agree, in writing, to
terminate an agreement entered into under rules made under subsection (1):

   (a)  the organisation shall lodge in the Industrial Registry a copy of the
        agreement to terminate;

   (b)  the Industrial Registrar shall immediately enter particulars of the
        termination in the register kept under paragraph 63 (1) (a);

   (c)  the termination of the agreement takes effect when the particulars are
        entered; and

   (d)  when the termination of the agreement takes effect, persons who became
        members of the organisation under the agreement (other than a person
        whose eligibility for membership of the organisation under its
        eligibility rules is recorded as mentioned in subsection (4)) cease to
        be members of the organisation.

(6) In this section:

"ineligible State members", in relation to an organisation, means the members
of a State registered union who, under the eligibility rules of the
organisation, are not eligible to be members of the organisation;

"State registered union", in relation to an organisation, means an industrial
union or association registered under a State Act which is composed
substantially of persons who, under the eligibility rules of the organisation,
are eligible to be members of the organisation;

"State Act" means:

   (a)  the Industrial Arbitration Act, 1940 of New South Wales;

   (b)  the Industrial Conciliation and Arbitration Act 1961 of Queensland;

   (c)  the Industrial Relations Act 1979 of Western Australia; or

   (d)  the Industrial Conciliation and Arbitration Act, 1972 of South
        Australia.