Industrial Relations Act 1996 No 17
Current version for 24 June 2014 to date (accessed 23 December 2014 at 09:04)
Chapter 5Part 3Division 1

Division 1 Registration

217   Organisations capable of applying for registration

(1)  Any of the following organisations may apply to the Industrial Registrar to be registered under this Chapter:
(a)  an organisation of employees or employers that is formed for the purpose of its incorporation under this Act, other than a federally registered organisation (or a branch of such an organisation) or another organisation which is already incorporated under the Corporations Act 2001 of the Commonwealth, the Associations Incorporation Act 2009 or any other Act (a State organisation),
(b)  subject to subsection (2), an organisation of employees or employers that is a federally registered organisation (without branches) or a branch of such an organisation (a federal organisation),
(c)  an organisation of employers that is incorporated under the Corporations Act 2001 of the Commonwealth, Associations Incorporation Act 2009 or any other Act, other than a federally registered organisation (a separate organisation).
(2)  A federal organisation of employees cannot apply for registration under this Chapter unless the application is made with the consent of each registered State organisation of employees whose constitutional coverage extends to all or any of the class of members proposed to be covered by the federal organisation.
(3)  The regulations may declare that any specified organisation or class of organisation is capable, or is taken, to be registered under this Chapter. The regulations may modify the application of this Chapter in respect of any such organisation.
(4)  In this section, federally registered organisation means an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.

218   Criteria for registration

(1)  The Industrial Registrar is to grant the application for registration if, and only if:
(a)  the organisation is a genuine organisation of a kind that is capable of registration under this Chapter, and
(b)  the organisation is an organisation for furthering or protecting the interests of its members, and
(c)  the organisation is capable of representing its members in connection with industrial matters, and
(d)  in the case of an organisation of employees—the organisation has, at the time of registration, at least 50 members who are employees, and
(e)  in the case of an organisation of employers—the organisation has, at the time of registration, at least 2 members who are employers and those members employ between them at least 50 employees, and
(f)  the rules of the organisation make provision as required by this Chapter to be made by the rules of such an organisation, and
(g)  in the case of an organisation consisting of the members of a branch of an organisation—the branch is of sufficient importance to be registered separately, and
(h)  the organisation does not have the same name as that of an organisation registered under this Chapter and does not have a name that is so similar to such a name as to be likely to cause confusion, and
(i)  the name of the association is not, in the opinion of the Industrial Registrar, unsuitable to be the name of a registered organisation, and
(j)  in the case of a State organisation—a majority of the members present at a general meeting of the organisation or an absolute majority of the committee of management of the organisation has passed, under the rules of the organisation, a resolution in favour of registration of the organisation, and
(k)  in the case of a federal organisation—the rules of the organisation (including any parent body) confer on the organisation applying for registration a reasonable degree of autonomy in the administration and control of New South Wales assets and in the determination of questions affecting solely or principally members resident in New South Wales, and
(l)  in the case of a federal organisation of employees—the application for registration of the organisation is made with the consent of each registered State organisation whose constitutional coverage extends to all or any of the class of members proposed to be covered by the federal organisation, and
(m)  in the case of an organisation of employees (other than an organisation referred to in paragraph (o) during the period referred to in that paragraph)—there is no other industrial organisation of employees to which the members of the organisation might conveniently belong, and
(n)  in the case of an organisation of employees—the organisation is free from control by, or improper influence from, an employer or by an organisation or other association of employers, and
(o)  in the case of an organisation of employees to which Schedule 5 applies that made an application for registration before, or makes such an application within 12 months after, the date of assent to the Industrial Relations Amendment (Industrial Representation) Act 2012—the organisation satisfies the requirements of subsection (1A).
(1A)  An organisation satisfies the requirements of this subsection if:
(a)  there is no other industrial organisation of employees to which members of the organisation might belong or, if there is such an organisation, it is not an organisation:
(i)  to which the members of the organisation could more conveniently belong, and
(ii)  that would more effectively represent those members, or
(b)  the Industrial Registrar accepts an undertaking from the organisation that the Industrial Registrar considers appropriate to avoid disputes as to the demarcation of the industrial interests of the organisation and any other organisation that might otherwise arise from an overlap between eligibility for membership of the organisation and membership of the other organisation.
(1B)  In determining under subsection (1A) (a) whether an existing organisation would more effectively represent members than the applicant organisation, the Industrial Registrar must have regard to the resources and representative infrastructure of the applicant.
(2)  An organisation may be registered even if its members include:
(a)  officers of the organisation, or
(b)  in the case of an organisation of employers—persons other than employees who carry on business but who do not have any employees, or
(c)  in the case of an organisation of employers—persons admitted to membership who have ceased to be employers, or
(d)  in the case of an organisation of employees—independent contractors who would be eligible for membership if their work were done as an employee.

However, an organisation with any such members may be registered only if it is effectively representative of the members who are employees or employers, as the case requires.

219   Applications for registration

(1)  An application for registration under this Chapter is to be made in the manner and form approved by the Industrial Registrar.
(2)  The Industrial Registrar may require information in the application to be verified by statutory declaration and may require proof of the authority of the applicants to act on behalf of the organisation concerned.
(3)  An applicant must, within 14 days after submitting an application, publish a notice of the application in a newspaper circulating throughout the State.
(4)  The Industrial Registrar must, within 14 days after receiving an application, notify any organisation registered under this Chapter that, in the opinion of the Industrial Registrar, may be affected by the application.
(5)  The Industrial Registrar may grant an applicant leave to amend the application (including for the purposes of a change in the name or rules of the organisation to meet an objection to registration).

220   Objections to registration

(1)  Any person may lodge with the Industrial Registrar a notice of objection to an application for registration. The notice must be lodged within 28 days after publication by the applicant of the notice of the application in a newspaper or within 28 days after being notified by the Industrial Registrar of the application (whichever last occurs).
(2)  The notice of objection must set out with reasonable particularity the ground or grounds of the objection and the facts and circumstances relied on as establishing those grounds, and must be verified by statutory declaration.
(3)  A copy of the notice of objection must be served on the applicant for registration by the objector within 7 days after lodging the objection with the Industrial Registrar.
(4)  After conducting a hearing into any objections to an application for registration, the Industrial Registrar is to determine the application. The Industrial Registrar may determine the application without a hearing if there are no objections.
(5)  The procedure to be followed at any hearing in connection with objections to registration is, subject to the rules of the Commission, to be as directed by the Industrial Registrar.
Note. Section 194 provides for an appeal to the Commission against a decision of the Industrial Registrar on the application for registration by the applicant or an objector.

221   Registration

(1)  When the Industrial Registrar grants an application for registration, the Industrial Registrar must immediately record, in the register kept for the purpose:
(a)  the name of the organisation, and
(b)  whether the organisation is an organisation of employees or employers, and
(c)  whether the organisation is a State, federal or separate organisation, and
(d)  such other particulars of the organisation as are prescribed by the regulations or determined by the Industrial Registrar, and
(e)  the date of the entry.
(2)  An organisation is taken to be registered under this Chapter as an industrial organisation of employees or an industrial organisation of employers when the Industrial Registrar records that information in the register.
(3)  The Industrial Registrar must issue to each organisation registered under this Chapter a certificate of registration. The regulations may make provision for or with respect to certificates of registration.

222   Incorporation of State organisations on registration

A State organisation, when registered under this Chapter:
(a)  is a body corporate, and
(b)  has perpetual succession, and
(c)  has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with any real or personal property, and
(d)  is required to have a seal, and
(e)  may sue or be sued in its registered name.

223   Continuation of registration of existing industrial organisations

(1)  Any industrial organisation of employees or employers registered or recognised as such under Chapter 5 of the Industrial Relations Act 1991 immediately before the repeal of that Act is taken to be an industrial organisation of employees or employers registered under this Chapter.
(2)  The Industrial Registrar is to record in the register kept under this Chapter whether such an organisation is a State, federal or separate organisation.
(3)  If the rules of such an organisation do not comply with the requirements of this Chapter, the organisation must ensure that the rules comply with those requirements within 2 years after the commencement of this section. The Industrial Registrar may notify such an organisation of the requirements with which the rules of the organisation do not comply.
(4)  If the rules of such an organisation have not been duly altered within that 2-year period:
(a)  in the case of a State organisation, the Industrial Registrar may, by order, alter the rules of the organisation so that they comply with the relevant requirements, or
(b)  in any other case, the failure to alter the rules is a ground for the cancellation of the registration of the organisation under Division 2.

224   Registered office of organisation

(1)  An industrial organisation must have an office in New South Wales for the time being registered with the Industrial Registrar to which all communications and notices may be addressed.
(2)  An industrial organisation must give notice of the address of its registered office and of any change in that address to the Industrial Registrar.
(3)  Until the organisation has given that notice, it is taken not to have a registered office.
(4)  A contravention of this section is a sufficient ground for the cancellation of the registration of the organisation under Division 2 or for the imposition of any other penalty under that Division.
Top of page