WORKPLACE RELATIONS ACT 1996 - SCHEDULE 10 Transitionally registered associations

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SCHEDULE 10

Note:       See section 9.

1   Definitions

             (1)  In this Schedule:

"federal system employer" has the same meaning as in the Registration and Accountability of Organisations Schedule.

"industrial instrument" means:

                     (a)  an award; or

                     (b)  a collective agreement; or

                     (c)  a preserved State agreement; or

                     (d)  a notional agreement preserving State awards.

"notional agreement preserving State awards" means an agreement that, on the reform commencement, will be taken to come into operation under clause 31 of Schedule 8 to this Act.

"office" , in relation to a State-registered association, has its ordinary meaning.

"preserved State agreement" means an agreement that, on the reform commencement, will be taken to come into operation under clause 3 or 10 of Schedule 8 to this Act.

"reform commencement" means the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005 .

"rule" , in relation to State-registered association, has its ordinary meaning.

"State demarcation order" means a State award, to the extent that it relates to the rights of a State-registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.

"State employment agreement" means an agreement:

                     (a)  between an employer and one or more of the following:

                              (i)  an employee of the employer;

                             (ii)  a trade union; and

                     (b)  that regulates wages and conditions of employment of one or more of the employees; and

                     (c)  that is in force under a State or Territory industrial law; and

                     (d)  that prevails over an inconsistent State award.

"State-registered association" means a body that is:

                     (a)  an industrial organisation for the purposes of the Industrial Relations Act 1996 of New South Wales; or

                     (b)  an organisation for the purposes of Chapter 12 of the Industrial Relations Act 1999 of Queensland; or

                     (c)  an association or organisation for the purposes of the Industrial Relations Act 1979 of Western Australia; or

                     (d)  a registered association for the purposes of the Fair Work Act 1994 of South Australia; or

                     (e)  an organization for the purposes of the Industrial Relations Act 1984 of Tasmania.

"transitionally registered association" means a State-registered association that is registered under this Schedule.

             (2)  Unless the contrary intention appears, the following terms have the meaning they would have for the purposes of this Act on the reform commencement:

                     (a)  employee ;

                     (b)  employer ;

                     (c)  employment ;

                     (d)  State or Territory industrial law .

2   Application for transitional registration

             (1)  A State‑registered association may apply to a Registrar for transitional registration under this Schedule if:

                     (b)  immediately before the commencement of this Schedule, it had at least one member who was:

                              (i)  an employee whose employment was subject to a State award, a State employment agreement or a State or Territory industrial law; or

                             (ii)  an employer in relation to such an employee; and

                     (c)  immediately before the commencement of this Schedule, it was entitled to represent the industrial interests of the member in relation to work that was subject to the State award, the State employment agreement or the State or Territory industrial law; and

                     (d)  on the reform commencement, the employee will become bound by, or the employment of the employee will become subject to, a preserved State agreement or a notional agreement preserving State awards if he or she continues in that employment; and

                     (e)  it is not also an organisation, or a branch of an organisation.

             (2)  The application must be accompanied by:

                     (a)  evidence to establish the fact that the association satisfies subclause (1); and

                     (b)  a copy of the current rules of the association; and

                     (c)  a statement setting out:

                              (i)  the address of the association; and

                             (ii)  each office in the association; and

                            (iii)  the name and address of each person holding office in the association.

             (3)  If a Registrar is satisfied that the association satisfies subclause (1), the Registrar must, by written instrument, grant the application and record the fact that he or she is so satisfied.

             (4)  An instrument under subclause (3) is not a legislative instrument.

             (5)  The Registrar must give a copy of the instrument to the association.

             (6)  A State‑registered association is taken to be registered under this Schedule when the Registrar grants the application.

3   Application of this Act to transitionally registered associations

                   The provisions of this Act apply, on and after the reform commencement, in relation to a transitionally registered association:

                     (a)  in the same way as they apply in relation to an organisation; and

                     (b)  as if a transitionally registered association were a person.

4   Representation rights of transitionally registered associations of employees

             (1)  Regulations made for the purposes of this subclause may make provision for the Commission to make orders in relation to the right of a transitionally registered association to represent the interests under this Act, on or after the reform commencement, of a particular class or group of employees.

             (2)  Without limiting subclause (1), the regulations may specify the weight that the Commission is to give, in making such an order, to a State demarcation order.

5   Cancellation of transitional registration

Cancellation by the Federal Court

             (1)  A person interested or the Minister may apply, on or after the reform commencement, to the Federal Court for an order cancelling the registration under this Schedule of a transitionally registered association on the ground that:

                     (a)  the conduct of:

                              (i)  the association (in relation to its continued breach of an order of the Commission or an industrial instrument, or its continued failure to ensure that its members comply with and observe an order of the Commission or an industrial instrument, or in any other respect); or

                             (ii)  a substantial number of the members of the association (in relation to their continued breach of an order of the Commission or an industrial instrument, or in any other respect);

                            has, on or after the reform commencement, prevented or hindered the achievement of an object of this Act as in force at that time; or

                     (b)  the association, or a substantial number of the members of the association or of a section or class of members of the association, has engaged in industrial action that has, on or after the reform commencement, prevented, hindered or interfered with:

                              (i)  the activities of a federal system employer; or

                             (ii)  the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or

                     (c)  the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have been, or is or are, engaged, on or after the reform commencement, in industrial action that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or

                     (d)  the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have failed to comply with one of the following made on or after the reform commencement:

                              (i)  an injunction granted under subsection 496(12) (which deals with orders to stop industrial action); or

                             (ii)  an order made under section 508 or 509 (which deal with contraventions of the strike pay provisions); or

                            (iii)  an order under section 807 (which deals with contraventions of the freedom of association provisions); or

                            (iv)  an interim injunction granted under section 838 so far as it relates to conduct or proposed conduct that could be the subject of an injunction under a provision mentioned in subparagraphs (i) to (iii); or

                             (v)  an order under section 23 of the Registration and Accountability of Organisations Schedule (which deals with contraventions of the employee associations provisions).

             (2)  The Court must give the association an opportunity to be heard.

             (3)  If the Court:

                     (a)  finds that a ground for cancellation set out in the application has been established; and

                     (b)  does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the association in relation to the matters;

the Court must cancel the registration of the association under this Schedule.

             (4)  A finding of fact in proceedings under section 496, 508, 509 or 807 commenced on or after the reform commencement, or section 23 of the Registration and Accountability of Organisations Schedule, is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(d).

Cancellation by Commission

             (5)  The Commission may cancel the registration under this Schedule of a transitionally registered association:

                     (a)  on application by the association made under the regulations; or

                     (b)  on application by a person interested or by the Minister, if the Commission has satisfied itself, as prescribed, that the association:

                              (i)  was registered by mistake; or

                             (ii)  is no longer a State‑registered association.

Cancellation by Registrar

             (6)  A Registrar may, by written instrument, cancel the registration under this Schedule of a transitionally registered association if he or she is satisfied that the association no longer exists.

             (7)  An instrument under subclause (6) is not a legislative instrument.

6   End of transitional registration

                   The registration under this Schedule of a transitionally registered association ends:

                     (a)  when it is cancelled under clause 5; or

                     (b)  when the association becomes an organisation; or

                     (c)  in any other case--at the end of:

                              (i)  unless paragraph (b) applies, 31 December 2009; or

                             (ii)  if a later date is prescribed by the regulations--that later date.

7   Modification of Registration and Accountability of Organisations Schedule

                   Regulations made for the purposes of this clause may modify how section 19 of the Registration and Accountability of Organisations Schedule applies in relation to an association that is a transitionally registered association.