New South Wales Consolidated Acts

BUILDERS LABOURERS FEDERATION (SPECIAL PROVISIONS) ACT 1986 - SECT 4

4 Eligibility of certain building industry employees for membership of certain organisations

(1) A reference in this section to a relevant industry is a reference to an industry in or in connection with which:

(a) the State Union was, immediately before 2 January 1985, registered under the Industrial Arbitration Act 1940 , or

(b) the Australian Union was, immediately before the commencement of the Builders Labourers’ Federation (Cancellation of Registration) Act 1986 of the Commonwealth, registered under the Conciliation and Arbitration Act 1904 of the Commonwealth.

(2) Where the Secretary or another executive officer of an industrial union of employees that is registered under the Industrial Arbitration Act 1940 has consented in writing to persons who are, or are usually, employed in work of a specified kind or class, in New South Wales or in a specified part or parts of New South Wales, in a relevant industry being made eligible for membership of that union:

(a) the regulations under this Act may declare those persons to be eligible for membership of that union, and

(b) where the regulations so declare, those regulations have effect according to their tenor notwithstanding anything in the rules of that union as in force at the time when the regulations took effect.

(3) The making of regulations for the purposes of this section declaring persons referred to in the regulations to be eligible for membership of an industrial union of employees that is registered under the Industrial Arbitration Act 1940 does not preclude the making of any alteration to the rules of that union and, if an alteration is duly so made in accordance with the law then in force, the first-mentioned regulations, to the extent of the inconsistency, cease to have effect.

(4) Regulations made for the purposes of this section continue in force notwithstanding that:

(a) the State Union, or

(b) another organisation:

(i) that is not registered under the Industrial Arbitration Act 1940 ,

(ii) that was formed in or in connection with the industry in or in connection with which the State Union was registered under the Industrial Arbitration Act 1940 immediately before 2 January 1985, and

(iii) all or a majority of the members of which are persons who are or have been members of the State Union or the Australian Union,

becomes registered under the Industrial Arbitration Act 1940 .

(5) Regulations made for the purposes of this section continue in force notwithstanding that:

(a) the Australian Union, or

(b) another association:

(i) that is not registered under the Conciliation and Arbitration Act 1904 of the Commonwealth,

(ii) that was formed in or in connection with the industry or a part of the industry in or in connection with which the Australian Union was registered under the Conciliation and Arbitration Act 1904 of the Commonwealth immediately before the commencement of the Builders Labourers’ Federation (Cancellation of Registration) Act 1986 of the Commonwealth, and

(iii) all or a majority of the members of which are persons who are or have been members of the Australian Union or the State Union,

becomes registered under the Conciliation and Arbitration Act 1904 of the Commonwealth.

(6) A reference in this section to an industrial union registered or becoming registered under the Industrial Arbitration Act 1940 includes a reference to an industrial organisation registered or becoming registered under the Industrial Relations Act 1991 or the Industrial Relations Act 1996 .