FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009

Table of Provisions

• Long Title
 

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 office  
• 9A Meaning of federal counterpart  
• 9B Meaning of related party  
• 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 Criminal Code  
• 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 Part  
• 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. to electoral 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  
Subdivision B--Agreements between organisations and State unions
• 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  
Subdivision BA--Branches of organisations
• 154A Branch autonomy  
• 154B Branch funds  
Subdivision C--Miscellaneous
• 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 Manager may 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 prescribed offence  
• 213 Meaning of convicted of a prescribed offence  
• 213A Meaning of exclusion period and reduced exclusion period  
• 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  
Subdivision B--Reporting guidelines
• 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  
Subdivision B--Audits
• 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 involved  

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 involved  
• 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 MANAGER

• 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  
• SCHEDULE 1 Transitionally recognised associations
• SCHEDULE 2 Recognised State-registered associations